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,": 'fa~simi.!ei-ni~~~~ro.it}.~l' ._
FROM: Bob Olson
PROJECT NO:
23055
DATE: August 15/2003
TO: Gmy Holt
ROJECT NAME: Kosen8
AT: Carmel Fire Dep3t.
571-2674
..,
WE A~E TRANSMITTING TO YOU: 2 Pages
o For ApproV(jl
!Xl For Your U~;0
[J As Requested
[] For Reviow and Comment
o Approved as Submitted
o Approved as Noted
o Returned for Correction
o
RE MARI<S:
Gary: Alt.,ched is the copy of a 47 L.F. single fire truck plotted on the turning radius for the Kosene
project. Please review ~Ind :,dgn once you have approved. You mentioned that you would send this
over to Mike HOllibuugh ror his 5ignature too. PleClsc:: call me when it is completed.
Tl,ank you, Bob Olson
COpy TO: Les Olds
MAIL HARD COPY: ['J YES
tV] 0
It;, N
PIe asp. call 317 ,840.7BOO if correct number of pages is nal received or transmission is nat legible.
CONFIDENTIALITY NOTICE:
Tt\e-m8t8-rT~ls ~i;c'o;ei~~'ith'lhi5 facsimile transmission are private and confidential and are the
propt~rty of the sender, The inforl1latioll contained in the miJterlal is privileged and is intended only for
the use Ci'f the inclivicluGlI(s) or enlity(ies} mHnet.! abovo. If you are not the intended recipient, be
advised that any uMulllorizod disclosures, copying, dislributlon or the taking of any action in reliance
on the contents of this tek~c(lpii~d information is strictly prohibited. If you have received this facsimile
tr<:lflsmlssion in error, plfln:,e irnrnediately notify uS by telephone to arrange for the return of lhe
forwmded documents [I) lK
DoclImentZ
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weaver design group
residential architecture & planning
TO:
Mr. Laurence Ullig, Jr.
Planning and Zoning Administrator
Department of Community Services
City of Carmel
Carmel, Indiana 46032
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DOCS
lmER OF TRANSMITTAL
FROM: Bob Finger
DATE: August 8, 2003
REGARDING: Kosene Development - Carmel City Centre Condominiums and Townhomes
REMARKS: Please find attached (1) set of colored building drawings of Building Type I and Townhomes.
ATTACHMENTS: See above
COpy TO:
File I Tadd Miller (Kosene and Kosene) wlo encl.
6201.carrollton avenue
Indianapolis, In. 46220 phone 317 202 0661
fax 317 202 0662
web www.weaver-deslgn.net
08/05/21303 08:21
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USPS Approved Front loading Cluster Box Units (CBUs)
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16 patron boxes (12-
7/8" x 3" x 16-3/4"),
outgoing mail com-
partment, and tWo
parcel lockers 12-7/8"
x 10"& 13" x 16-3/4".
1575-12 Type II
has 12 patron
boxes (12-7/8" x3"
x 16-3/4"), outgo-
ing mail compart-
ment, and a' parcel
locker 12-7/8" x
1 0" x 1 6- 3/4 " :
ot1i~
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, 575-13 Type IV
has 13 patron boxes
(12-7/8" x 4-3/4 u x
16-3/4"), outgoing
mail compartment,
and a parcel locker
12-7/8" xl 0" x16-3/4".
Decorative Cluster Units
Give your development curb appeal with
these decorative CBU mailbox and post
systems, (BUs can now match the style of
residential mailboxes, street signs and
light poles in a master planned communi-
ty, Decorative and durable. made of rust
and rot proof cast aluminum and stain-
less stee~. P ked in gray. also
availabl n black green. (BUs come in
USPS gray are USPS approved
(local postmaster approval'of posts is
required).
PST-6-CBU.SM-8* Eight door
PST-6-CBU-SM-12* Twelve door (shown)
PST-6-CBU-lG-13* Thirteen door
PST-6-CBU-lG-16* Sixteen door
Replace CBUs entirely. Use combina-
tions of individual mailboxes for an
attractive alternative to CBUs.*
Call Toll Free
800-265-0041
or Fax 916-362-0410
w;ww.mailboxes.info
cfiu ClUster Box Units Decorativ<Posts - Custom Home Accessories
http://www.custom-mailboxes.com/cbu-regency .html
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APPROVAL FORM FOR STREET NAMES AND
SUBDIVISION NAMES WITHIN HAMILTON COUNTY
Subdivision Name: CARMEL CITY CENTEIt,CONDO'S & TOWNHOMES
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DOCS
Approved
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Approved: [gJ Disapproved: 0
Street Names:
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LIBERTY STREET
CONSTITUTION AVENUE
AMERICAN WAY
Submitted by:
BILL AKERS
Date: 8-4-03
Approved by:
Date:
Transfer and Mapping Dept.
Ham. Co. Auditor's Office
33 North Ninth St.
Noblesyille, IN 46060
Fax No. (317) 776-9682
Disapproved
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Approved by:
Jill Jennin2's
Date: 08-05-2003
E-911 Director
Ham. Co. Sheriff's Dept.
18100 Cumberland Rd.
NoblesYille, IN 46060
Fax No. (317) 776-9896
j mj@co.hamilton.in.us
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Carmel
July 29,2003
Mr. Kevin Sellers
CSO
280 E. 96th Street, Suite 200
Indianapolis, IN 46240
RE: Project NO: 23055
Carmel City Center Parcel 2 - Kosene
Dear Mr. Sellers:
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I have received and reviewed the plans submitted for the above-mentioned
project. I see nothing in the plans that would hamper law enforcement efforts.
If we can be of any further assistance to you, please contact us.
Ti othy J. Green
Acting Chief of Police
T JG:vb
cc: Dept. of Community Services
(3117) 571-2500
A Nationally Accredit
'"'
forcement Agency
"
Fax (;'1[7) 571-2512
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July 24, 2003
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Mr. Mike McBride
Assistant City Engineer
City of Carmel
One Civic Square
Carmel, IN 46032
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RE: Docket No. 50-03 DP/ADLS; Carmel City Center, Tract 2a
Kosene & Kosene-CSO Project #23055
Dear Mr. McBride:
This letter is in response to your review letter dated June 17, 2003 report on the
basic review ofthe CSO submittal for site engineering documents for the above
documents. We wish to reply to this letter per line item of your report.
1. We recognize the jurisdictions that will apply for the project which
includes street and right of way, City of Carmel, water and sanitary sewer,
Carmel Utilities and storm sewer, City of Carmel.
Corporate Headquarters
2. Board of Public Works and Safety approval requirements:
a. We will be applying for a separate curb cut approval through the
Board of Public Works.
b. Temporary Construction Entrance is the current entrance that is in
place at the south. property line that is used to serve the AMLI
project and the reflecting pond.
c. Any development improvements that will be installed in the right of
way will be submitted to the Board of Public Work prior to
construction.
d. Any encroachment agreements for permanent improvements will
be prepared by the attorney for the Carmel Redevelopment
Commission and submitted to the appropriate agency for their
approval.
e.Water and Sanitary sewer applications have been filed with the
Waste Water Utilities for approval. There is ho swimming pool in
this project.
280 East 96th Street
Suite 200
Indianapolis, Indiana
.46240
T 317.848:7800
F 317.574.0957
www.cso-arcli.com
" .....
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3~ . A$llequestedWe' are respohding in,wrjtt~r1: 1~~er,'f()\rl1~t{t~:~'QClr;q()Jn.rri.~nt$ .
~,?'v\I~llasenClo$ing;r$vi$e~ dOCbmetitsthathaye','be~ii'pertifi~'d I?y;t~e' :,
erigineer. . . .
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CSO
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Mr. Mike McBride
July 24, 2003
Page Two
4. Once again, any installation of signs, walls, and irrigation systems, within
dedicated easements will have a Consent to Encroach Agreement
prepared by the attorney for the Redevelopment Commission.
5. We are awaiting final comments from Carmel Utilities for water and
sanitary sewer.
Demolition Plan (Sheet C 101)
a. It should be noted that while these documents reflect the demolition work
that is to be carried out in the project in the right of way, it should be
noted that the CRC will be filing a separate set of documents for CRC
improvements in the right-of-way to include all median cuts and any
changes to the storm water system. Also included will be a landscape
plan for the right of way areas.
Site Plan (Sheet 201)
, '.' i,:
a. All signs shall comply with Indiana Manual for Uniform Traffic Control
Devices.
b. We have dimensioned the right-of-way lines and property lines on our
documents.
c. Plans for curbing at south end of median and details will be covered in a
separate set of documents filed by the eRC with the City Engineer during
the month of September.
d. No ramps will be provided to the reflecting pool from the private roads
and drives. Access to the reflecting pond is based on availability of
sidewalks from the reflecting pool to 3rd Avenue. The walkways within the
development wlll be private.
e. Stop signs have been relocated as per the request of a member of your
office by the Department of Community Services. These changes have
been indicated on the drawings.
On-street parking spaces are meant for guest use only. Since the private
streets are one-way, parking shouid not cause any problem or danger.
The street width has been modified as per the request of the city Fire
Department for truck maneuverability for the project as well as
modifications to curbs and radiuses per their requirement
g. The right-of-way pavement detail of 3rd Averiue SW will match that of the
project paving section. This will be shown on the separate CRC
documents.
h. Details have been included in the drawings for reference for pavement
markings and lane strip'ing. Once again, this, will be shown on the eRC
. ,documents withthe.excepti0nofthesJop bar det~iLC' ,
The one"'Nay r9~d~y,st~m hasl1~€in'9.J)pl1bVed 6Y}Jh~ Redf3v~lopm~nt .
Commission 'as partbfthe UrOEln. j)esign'Cbn(h'ip'f withguest'paH<ing:'
permitted on' one side of the streE';t These ate internal private roads and
streets and are the responsibility' of the, condominium association. "No
parking' signs wen~ added as' requested,
f.
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Mr. Mike McBride
July 24, 2003
Page Three
Gradinq Plan (Sheet C301)
a. Our experience has shown when omitting prevents potential problems
when the actual grade is staked. Any slight discrepancy in the elevation
with respect to the existing ground will be seen in the finished product.
Contrac~ors tend to let the elevation supercede "ME' when this is the intent.
b. The road elevations where median work will be included in a separate set
of documents filed separately.
Utilitv Plan (Sheet C501 )
a. These are private drives surrounding the building. The pavement section
as per the documents of the reverse crown is the desire of the developer
of the project and also has a great deal of cost consideration.
b. The water line and gas tie in will probably involve cutting asphalt
pavement of 3rd Avenue. The filing will be given to the Board of Public
Works for approval for this work. Looping of the water line was requested
by Carmel Utilities. The need for a looped gas main will be discussed
with the gas company.
c. We do not typically provide profiles of private storm sewer systems. A
note was added regarding the possible water conflict. Since the gas line
is proposed, it should not be a problem.
The above information has been incorporated in the documents and drawings
and you can be assured that the contractor will obtain all the necessary approval
and permits as required by the City of Carmel for the project.
Respectfully Submitted,
r?Lf-~
.
Robert Olson
CSO Architects
lal
Attachments
co: Ed Burke, Laurence Lillig, Stephen Engelkihg, Tadd Miller, le$ Olds,.file
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Lillig, Laurence M-
4'
From:
Sent:
To:
Cc:
Subject:
Akers, William P
Thursday, July 24, 2003 1 :02 PM
NICK CHRISTENSON (E-mail)
lillig, Laurence M; lillard, Sarah N; Hoyt, Gary A
Street names to be approved for City Center Condo'slTownhomes
Nick,
Here is a list of names submitted for your approval for this development. As slated on the list...only one name will be used
with Directionals signifying the street.
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~~'-"~.-._-....-
.. . "',
em CENTER
1100'S TOWNHOME~
Thanks Bill
Bill Akers
911 Operations Supervisor
IDA CS Coordinator
Carmel Communications Center
31 1st Ave NW
Carme/,Indiana 46032
Office# 317-571-2586
Voice Mai/# 571-2577
FaX# 571-2585
Pager# 365-0061
Cel/# 727-8507
1
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APPROVAL FORM FOR STREET NAMES AND
SUBDIVISION NAMES WITIDN HAMIL TON COUNTY
Subdivision Name: CARMEL CITY CENTER CONDO'S (ii), TOWNHOMES
Approved: ~ Disapproved: 0
Street Names:
ALEXANDER WAY
GEORGIA CT
IRIS WAY
Approved
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****THEY WILL ONLY USE ONE NAME
WITH DlRECTIONALS( S.W & N)
Submitted by:
BILL AKERS
Date: 7-24-03
Approved by:
Date:
Transfer and MappIng Dept.
Ham. Co. Auditor's Office
33 North Ninth St.
Noblesville, IN 46060
Fax No. (317) 776-9682
Disapproved
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Approved by:
Date:
E-911 Director
Ham. Co. Sheriff's Dept.
18100 Cumberland Rd.
Noblesville, TN 46060
Fax No. (317) 776-9896
j mj@co.hamIlton.in.us
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City of Carmel
DEPARTMENT OF COMMUNITYSERV1CES
July 24,2003
Bob Finger
Weaver Design
.6201 Carrolton Avenue
Indianapolis, IN 46220
RE: Cannel City Center Parcel 2A (Kosene Townhomes) landscape plan review
Dear Bob:
I have reviewed the latest landscape plan for this site and my comments are as follows:
1. There are 67 "street" trees on the plan. All are of one species (two varieties),
Fraxinuspennsylvanica (green ash). For reasons of species diversity, two (2)
more species must be substituted (not Fraxmus), so that each species
comprises roughly one third (1/3) of the street trees. Cannel's recommended
list of street tree species is attached.
Planting monocultures as street trees is strongly discouraged. A new exotic .
pest, the Emerald Ash Borer has been introduced into Michigan and Ohio, and
may be in Indiana, that attacks and kills every species of Ash tree. Their
planting must be tempered by diversity of additional species.
2. Ornamental pears in the Callery family are not recommended for planting in
this area. They are relatively short lived and may become invasive (please see
attached sheet). Please choose an alternative species that would provide an
acceptable look, such as Carpinus betulus 'Fastigata' (European hornbeam) or
Tilia tomentosa (Sterling Linden), which is resistant to Japanese beetle attack.
3. Acer rubrum (red maple) species do not do well in narrow planting islands or
areas ofrestricted root development. They are thin barked, subject to a
variety of injuries, and become chlorotic (yellow) in soils with high pH. Acer
freemanii (i.e. Autumn Blaze) are improved, or Acer platanoides (Norway
maple) or Acer saccharum (sugar maple) are hardier and will still provides
good fall color.
4. Polpulus species are not well suited for narrow urban plantings. They are
short lived and subject to a multitude of fungal diseases and other pests. They
grow fast, but have shallow roots and spread by suckering. They can become
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
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invasive on developing sites. Please choose an alternative to this genus for
screening along the south perimeter.
5. There needs to be additional landscaping in the open areas around the
buildings on the east side of the site. If the buildings are going to have
foundation plantings, those plans should be submitted for review as well.
6. The graphic tree planting detail need to have the words "soil ball" replaced
with "root flare" or "root crown" (to be placed at grade level or slightly
above). Additionally, the top 1/3 of the burlap covering on the root ball
should be removed or rolled back into the planting pit.
7. A planting note needs to be added that states that "all staking and guy wires
are to be removed within one year of installation."
Please respond to these comments in writing and by amended plans. Please contact me at
(317) 571-2478 or by email atSbrewer@ci.carrne1.in.usif you have further questions or
comments.
Sincerely.
0~&~
Scott Brewer, Urban Forester
Department of Community Services
CC: Laurence Lillig, DOCS
Steve Engelking, Director of Development
Bob Olsen, CSO
Les Olds, CSO
eRC Members
Carmel Indiana Department of Community Services
Page 1 of6
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D EPAR TMEf/T OF
C OM..UUNITY
S ER VICES
Carmel Trees
Street Tree Species Recommendations List
This following list is provided as a guide to the most appropriate species for street tree
plantings in urban areas. There is no single perfect tree; the most successful course is to
match the planting site limitations with the right tree for that spot. Each site must be evaluated
and possible restrictions of tree species noted. These restrictions include rooting space, soil
texture, soil pH, drainage, exposure, overhead wires and surrounding building surfaces.
The trees appearing on this list have different requirements and tolerances. All of these
species should do well in the urban forest environment of Carmel. Before selecting any
particular species or variety, further research should be done to ensure that the site would
satisfy the specific requirements of the plant. Some of the species or cultivars listed here may
not be readily available at local nurseries, particularly in calipers large enough for planting in
high traffic areas. Tree shelters and staking may provide limited protection.
SMAll TREES with narrow crowns
Suitable for tree lawns 3 to 5 feet wide. and under wires.
Acer griseum - Paperbark Maple
Amelanchier arborea - Shadblow Serviceberry
Amelanchier x grandiflora 'Robin Hill' - Robin Hill Serviceberry
Comus kousa - Kousa Dogwood
Fraxinus pennsylvanica 'Leprachan' - Leprachan Ash
Magnolia x quinquepeta 'Galaxy' - Galaxy Magnol ia
Prunus serrulata 'Amanogawa' - Amanogawa Oriental Cherry
http://www.ci.carmel.in.us/services/DOCS/DOCSUFCarmelTreeSuggestions.htm
7/25/2003
Cannel Indiana Department of Community Services
Page 2 of6
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Prunus virginiana 'Canada Red Select' - Canada Red Select Cherry
Sorb us tianshanica 'Dwarf Crown' - Turkestan Mountain Ash
Syringa reticulata 'Ivory Silk' - Ivory Silk Japanese Tree Lilac
SMALL TREES with broad crowns
Suitable for tree lawns at least 8 feet wide. and under wires.
Acer campestre - Hedge Maple
Acer ginna/a - Amur Maple
Acer tarlarian - Tartarian Maple
Arnelanchier laevis 'Cumulus'~ Cumulus Serviceberry
Carpinus caroliniana - American Hornbeam
Cercis canadensis - Redbud
Chionanthus virginicus - F ringetree
Camus alternifolia - Pagoda Dogwood
Ha/esia carolina - Silverbell
Maackia amurensis - Amur Maackia or Mayday Tree
Malus spp. - Crabapple Varieties *: Centzam, Red Splender, Red Jewel, Van Eseltine, Zumi
"See Indiana Urban Forest Council's recommended Crabapple list."
Prunus virginiana 'Shubert' - Shubert Chokecherry
Robinia pseuacacia 'Globehead' - Globe Locust
Syringa reticulata - Japanese Tree Lilac
*Iimit use - over planted genus
MEDIUM TREES
Suitable for tree lawns 6 to 8 feet wide. but not under wires.
Aesculus x Carnea 'Briotjj' - Rubyred Horsechestnut
http://www.ci.canne1.in.us/servicestDOCSIDOCSUFCarmelTreeSuggestions.htm
7/25/2003
Carmel Indiana Department of Conununity Services
Page 3 of6
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Alnus cordata - Italian Alder
Alnus glutinosa - European Black Alder
Betula nigra - River Birch
Betula nigra - River Birch
Carpinus belulus - European Hornbeam
Cladrastis kentukea - Yellowwood
Fagus sy/vatica 'Purpurea Tricolor' or 'Roseo-marginata' - Tricolor Beech
Gleditsia triacanthos inermis (Impeole' - Imperial Honeylocust
Koelreuteria paniculata - Golden-Rain Tree
Nyssa sy/vatica - Sourgum I Blackgum
Ostrya virginiana - Hophornbeam
Phellodendron amurense 'Macho' - Male Corktree
Quercus robur 'Fastigiata' - Pyramidal English Oak
Quercus robur'Skyrocket' - Skyrocket English Oak
Sophora japonica - pagodatree
Tifia cordata 'Corzam' - Corinthian Littleleaf Linden
Tifia x f1avescens 'Glenleven' - Glenleven Hybrid Linden
LARGE TREES
Suitable for tree lawns at least 8 feet wide and not under wires
Acer nigrum - Black Maple
Acer platanoides 'Emerald Queen' - Emerald Queen Norway Maple
Celtis laevigata 'All Seasons' - All Seasons Sugarberry
Celtis occidentalis 'Prairie Pride' - Prairie Pride Hackberry
Cercidiphyllum japanicum - Katsura Tree
http://www.ci.carmel.in.us/servicesIDOCSIDOCSUFCannelTreeSuggestions.btm
7/25/2003
Carmel Indiana Department of Community SerVices
Page 4 of6
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Corylus co/urn a - Turkish Filbert
Eucommia ulmoides - Hardy Rubber Tree
Fagus grandifolia - American Beech
Fagus sylvatica - Eu ropean Beech
Fraxinus americana - White Ash
Fraxinus pennsylvanica - Green Ash
Ginkgo biloba - Ginkgo (male only)
Gleditsia triacanthos inermis 'Moraine' - Moraine Honeylocust
Gleditsia triacanthos inermis 'Shademaster' - Shademaster Honeylocust
Gymnoclanus dioica - Kentucky Coffeetree
Liriodendron tulipifera - Tuliptree
Magnolia acuminata - Cucumber Magnolia
Metasequoia glyptostroboides - Dawn Redwood
Platanus x acerifolia 'Bloodgood' - Bloodgood London Planetree
Platanus x acerifolia 'Columbia' - Columbia London Planetree
Platanus x acerifolia 'Liberty' - Liberty London Planetree
Quercus alba - White Oak
Quercus bicolor - Swamp White Oak
Quercus coccinea - Scarlet Oak
Quercus macrocarpa - Bur Oak
Quercus muehlenbergii - Chinkapin Oak
Quercus rubra - Northern Red Oak
Taxodium distichum - Bald Cypress
Tilia americana 'Redmond' - Redmond Linden
Tilia tomentosa - Silver Linden
http://wvrw.ci.cannel.in.us/servicesIDOCSIDOCSUFCarmelTreeSuggestions.htm
7/25/2003
Carmel Indiana Department of Community Services
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Ulmus parvifolia :I' ~ Chinese I Lacebark Elm
Ulmus parvifolia * 'Dynasty' - Dynasty ChInese Elm
Ulmus 'Pioneer' * - Pioneer Elm
Ulmus x hollandica* 'Urban' - Urban Elm
*Limit use
Undesirable Street Trees: Comments:
Acer negundo - Boxelder: Aggressive, Shallow roots, Weak wood
Acer rubrum - Red Maple: Shallow roots, Easily damaged, Chlorotic
Acer saccharinum - Silver Maple: Aggressive, Shallow roots, Weak wood
Ailanthus altissima - Tree of Heaven: Seeds, Suckers, Weak wood
Betula papyrifera - Paper Birch: Insects
Betula pendula - Euorpean White Birch: Insects
Elaeagnus angustifolia - Russian Olive: Form, Disease
Fraxinus velutina glabra - Modesto Ash: Sidewalk damage problems
Ginkgo biloba - Female - Female Ginkgo: Fruits
Morus species - Mulberry: Fruits, Shallow roots
Picea or Pinus species - Spruce or Pine: Shallow roots, Low branches, Salt spray
Pyrus eal/eryana 'Bradford' - Bradford Pear: Weak branching, Low branches
Populus alba - White Poplar: Suckers, Shallow roots, Weak wood
Populus deltoides - Cottonwood: Weak wood, Shallow roots, Seeds
Populus nigra 'Italica' - Lombardy Poplar: Insects, Disease, Short-lived
Quercus palustris - Pin Oak: Soil problems, Yellowing, Low branches
Salix species - Willow: Weak wood, Shallow roots
Ulmus amerieana - American Elm: Insects, Disease
http://www.ci.carmeLin.us!servicesIDOCS/DOCSUFCarmelTreeSuggestions.htm
Page 5 of6
7/25/2003
Emerald Ash Borer and Ash Decline, David L. Roberts, Ph.D.
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ASH
TREE
DECLINE
~fI~<' .'
:i.I<~' .. ~-_I
, J?:
.,"
David L. Roberts, Ph.D.
Michigan State University Extension
Welcome
Page 1 01 11
u
Emerald Ash Borer
A new exotic beetle that has been killing ash trees in
southeastern Michigan was identified last week as
Agrilus planipennis. The common name of the
beetle is the "Emerald Ash Borer." (Fig. 1 Adult)
7/2002
~
View PSA video featuring EAB stars
Henry & June made for local cable TV
-----2003------------
iii The Emerald Ash Borer: A Threat to Ash in North America
IfIiI t\sh Decline: Is It the Emerald Ash Borer or WhatZ
Iii EAB: Early Detection is Important
fj New Exotic Pest: the Emerald Ash Borer
Iii * Ash Tree Identification Guide - M.A.D. Horse * ("@'
II EAa~,Win~LMgnag~m;:ntThmll.gh--.S~'lnilatiQn,
Iii Homeowners Winter Study, Examine Your Trees Now
http://www .msue.msu. edu/reg_ se/roberts/ashlindex.html
7/25/2003
..
Emerald Ash Borer and Ash Decline, David 1. Roberts, Ph.D.
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lli How well do Insecticides work for EAB?
Ii Ash Decline Research. History. and Management
Iii Photo G~llery I of EAB
Iii' Photo Gallery II of EAS
lili Identification of Stages of EAB Oed ine & Whether Treatment is Warranted
Ii Links. Web References & VI oQJiJ2i~11Q~;JLS.itg;s Announced
(!ill Press Release & Media Files
llli MSU crps Emerald Ash Borer PEST ALERT
" ~'r"et'Acr;~b~~
P l"'F" '!Wader".
~~~--. LJ /es----~- ./;dDb~ ...,. '0 ".
liii, The Emerald Ash Borer: A Threat to Ash in North America .p-df
Il!i EAR Winter Management Through Sanitation .pdf
ii Alternatives for ASH Species .pdf
Iii New Exotic.Pest. Emerald Ash Borer & Revised Control
Techniques.pdf
iii Ash Decline in Michigan Fall 2001 Report. pdf
Iii Emerald Ash Borer Wayne County Alert.pdf
Iii USDA Emerald Ash Borer Pest Alert.pdf
iii Site Directory Homepage
Mixed larval stages collected from single
location on tree.
Maybury State Park, MJ 8/30/02
courtesy of: David Cappaert, Michigan
State University
Largest size class collected in early September, some
individuals appeared to have completed feeding.
Maybury State Park. MI; 8/30102
courtesy of: David Cappaert, M.S.U.
Page 2 of 11
The Emerald Ash Borer: A Threat to Ash in North America
May 23, 2003 Revision
David L. Roberts, Ph.D.
Michigan State University Extension
The Emerald Ash Borer (Agrilus planipennis), a lethal insect to ash
(Fraxinus sp.), was discovered in Michigan in May, 2002, but was probably
introduced into the state at least five years previously from Asia, its native
origin. The insect kills ash trees by destroying the tree's water and nutrient
conducting vessels. The EAB is so aggressive that ash trees may die within two
- three years after they become infested with the beetle. All species of ash seem
to be susceptible, but certain varieties may decline more slowly. Mountainash,
http://vvww .msue.msu.edu/reg_ se/robertsl ashlindex.htrnl
7/25/2003
Emerald Ash Borer and Ash Decline, David L. Roberts, Ph.D.
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not a true ash, is not susceptible to the EAB. If not contained the potential
epidemic resulting from the EAB could rival Dutch Elm Disease, as the insect
advances across North America. States which become infested could lose
billions of dollars in forest products, and quarantines imposed by state and
federal agencies may have dire consequences for plant and wood products
industries. Because of their tolerance of adverse sites, ash trees have been
planted extensively in urban/suburban landscape areas; their removal and
replanting costs can be staggering.
Diagnosis/Detection of the EAB:
Initial symptoms of the EAB on ash trees begin with a general yellowing
and thinning of the foliage. Then, branches begin to die from the top ofthe tree
downward. Dieback of the branches continues until the tree dies. On some trees
with moderate EAB infestations, epicormic shoots (sprouts, suckers) may
emerge from the trunk or larger branches. Absolute confirmation of the EAB
depends on at least one of the following: D-shaped emergence holes about 118
inch diameter, serpentine tunneling, or the presence of the adult or larvae in
infested trees.
Another unique characteristic is the presence of woodpecker activity on
many EAB-infested trees. In fact, woodpecker activity may be the first signs of
EAB and should be heeded, particularly if you want to save ash trees from
death by the EAB. Early detection is crucial if trees are to be saved!
Woodpeckers make about.l!4-1I2 inch jagged round holes in the bark as they
extract EAB larvae for food.
Life Cycle of the EAB:
In Michigan, the adult EAB begins to emerge from ash trees in late May and
feed on ash foliage (leaves) for sustenance. Adults are slender, elongate, green
metallic beetles measuring 3/8 to V2 inches (7.5- 13.5nun) 10l}g. After mating,
the adult female may lay as many as 60-90 eggs over her 2-3 week life. Larvae
hatch in 7-10 days, burrow through the bark and begin the back and forth
(serpentine) tunneling, which is distinctive for this insect. The tunneling
directly beneath the bark in the water and nutrient conducting vessels by the
larvae is the destructive portion of the insect's life cycle. Larvae continue to
feed through the summer and into the fall. Larvae are distinctly segmented and
by late summer and early fall may measure 1 1/4 inches (26-32lllll1). Larvae
undergo metamorphoses and change into an adult in late April through May,
thus repeating the cycle.
EAB Management:
One of the first decisions that a tree owner must make is whether to save ash
trees from the EAB or allow the EAB to kill their tree(s). Saving an ash tree
from EAB destruction may be a long-term and expensive investment for which
there is no guarantee of success. The decision to save an ash must be made
promptly when the EAB is detected in a locality; because ash may decline from
healthy to beyond
salvage in just a few months.
Cultural Management:If trees are to be saved, maintain trees in
http://www.msue.rnsu.edu/reg_se/roberts/ashlindex.html
Page 3 of 11
7/25/2003
Emerald Ash Borer and Ash Decline, David 1. Roberts, Ph.D.
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good vigor with sufficient water and fertilizer. Trees in good health
will be better able to fight off the insect as well as more efficiently
take up the insecticides which are necessary to save trees from
destruction by the EAB.
Sanitation/Wood ManagementThe overall goal is to reduce
the build-up of populations of the EAB, which can con6nue to
attack healthy trees or spread to new geographical locations.
Infested trees not treated with insecticides, should be removed and
destroyed so they do not serve as breeding reservoirs for the insect.
Infested ash wood should be buried, burned or chipped, preferably
before May every year-
adults will still emerge in the spring and summer from ash wood
which was cut the previous winter. Ash wood can be used for
firewood, but, if saved, it should be covered and sealed with a tarp
from May through August to prevent escape of emerging adults.
Ash firewood, ash nursery trees and any kind of ash wood
CANNOT be transported out of the. quarantine area-visit
www.michigan.gov/mda for quarantine information.
Chemical Management Because the EAB is so aggressive on
ash tree,s, chemical treatments will be needed to save specific trees.
Because little is known about the efficacy of specific chemjcals
and their delivery methods, individuals may want to try one or
more of the treatments options, reviewed on the web site below. It
is presumed that preventative (before infestation) 1:rc::atments will
be more effective than curative (after infestation) treatments. This
web site will be updated as new information is gathered.
Above article is also available as a printable document (saved in pdfformat)
Iii Click to get: The Emerald Ash Borer: A Threat to Ash in North America .Qdf
Ash Decline: Is It the Emerald Ash Borer
or Something Else?
. February 26, 2003
David L. Roberts, Ph.D.
Michigan State University Extension
Since the Emerald Ash Borer, (EAB) (Agrilus planipennis) was discovered
June, 2002 and presumed to be the major factor contributing to ash decline in
Southeast Michigan, there have been many false alarms ofEAB fmdings in
many other locations around Michigan. In fact, I spent a great deal oftime
during the summer and fall of 2002 chasing reports of the EAB in many regions
throughout Michigan. Some of the false reported sitings came from other
rnidwestern states adjacent to Michigan.
There are many problems that can affect ash (Fraxinus sp.) and cause a
http://www .rnsue.msu.edu/reg_ se/robertsl ash/index.html
Page 4 ot 11
7/25/2003
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Subject: RE: The Plague of Pears comes to town. Additions of the Bradford
pear and its cultivars to the invasive species list
WE NEED YOUR HELPl Montgomery County has this year planted Bradford Pear
cultivars in medi~n strips after being warned since 1999 that we were in for a "plague of
pears" and given alternatives. There are hundreds just starting to flower now on along
the median strips and perhaps elsewhere as well. Are there any thoughts on how we
can get the Bradford Pear and its cultivars to the invasive species list before our towns
and woods are taken over by it? I don't know how to stop this kind of irresponsible
planting otherwise. What a horrible waste! I am going to try and get the county to
remove and replace these trees but I need support and help. I have attached Craig
Tufts observations and the "Plague of Pears" article again below. Thanks in advance
for any help you can give.
-Kathy Michels
1701 Ladd St.
Silver Spring, MD 20902
ph: 301-435-6031, 649-5684 fax: 301-402-0779
Michelsk@nih.gov
We are seeing swarms of these cultivar hybrids coming up along Rt 7 and Rt 50
in Loudoun and Fairfax Counties, VA. In some areas, stem densities of saplings
remind me more of melaleuca in Florida than anything else I can think of. I will
pass your note along to friends who have Arbor Day contacts. Perhaps we can
help them in justifying dropping this tree.
Craig Tufts, Chief Naturalist, National Wildlife Federation
The Comina Pla~ue of Pears
By: Bob Stewart, Area Extension Educator, University of Maryland, Cooperative
Extension, Prince George's County Office
While driving the Capital Beltway around Washington, D.C. this past April, I
began noticing a large nUmber of white flowering trees in the areas just off the
road. For the following three weeks I continued to see these same white flowered
trees everywhere. They weren't dogwoods. They weren't wild cherries or
shad blow Amelanchier.
Finally, driving along Route 450 in Bowie, my curiosity got the better of me and I
pulled off the road and had a closer look at one of these trees. It was a pear. Not
the common edible pear, pyrus communis but the ornamental pear, Pyrus
cafleryana. It was obvious from where these trees were growing they weren't
planned plantings. These. trees were coming up wild and in tremendous
numbers. In the spot in Bowie, I counted over one hundred trees in a stretch of
neglected ground about 100 feet long and 50 feet wide. They were so thick that
in places the individual young trees grew only a foot or two apart. We seem to
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have a new horticultural plague on our hands in Maryland, a plague of pears.
In 1918, the USDA was searching in China for improved root-stock plants for our
commercial pear varieties. More than 100 pounds of Pyrus ea/Jeryana seed was
brought back and sown at the USDA Plant Introduction Station in Glenn Dale,
Maryland. A vigorous non-spiny seedling, found among the normally spiny Pyrus
eal/eryana seedlings was selected out and given the name Bradford.
The Bradford pear was quite a tree. It was fast growing, had dark shiny leaves
and had a wonderfully formal shape. It grew easily and was adaptable to a wide
range of site conditions. It wasn't troubled by bug or disease, and it was loved
universally by the nursery world, landscaper, and homeowner. In 1982, the
National Landscape Association voted it the second most popular tree in
America, just behind the flowering crabapple. Oh yes, there was another nice
thing about the Bradford pear, since most trees were identical clones,
propagated by grafting, it didn't self-pollinate and didn't produce fruit.
The Cinderella story of the Bradford pear ended once it was discovered that
these trees begin to fall apart when they reach an age of about twenty years,
right at the pinnacle of their landscape glory. The very narrow crotch angles of
the erect and plentiful branches are weak, and a gusty thunderstorm or a coating
of wet snow or ice will bring the branches crashing down. In an attempt to make
a better Bradford there appeared a succession of new Callery pear cultivars.
These had improved, or at least different, branching patterns with less chance of
the branch breaking problem. Now the Bradford was not alone. There were other
callery pears in the landscape to keep it company. There was the Aristocrat pear,
and the Chanticleer pear, and the Redspire pear. There was also something else
cross pollination among the Callery pears. Suddenly Bradford and the other
pears began to produce fruit. True, the fruit was small, an inch or less in
diameter, but some of the trees produced very large quantities of this small fruit.
In some way, and I suspect it may be the birds, the seeds within the fruit is being
disseminated far and wide and new hybrid Callery pears are popping up in every
vacant lot and along every roadside throughout the area.
Whether or not a plethora of wild, ornamental pears is a plague depends on who
eventually cleans up the ground on which they are rising up like new sown grass.
Mowing over an overgrown patch of weeds is one thing; removing hundreds of
four and five inch caliper trees is quite another. I live down the road apiece in
Southern Maryland, and the other day I was picking up trash along the county
road right~of.way in front of our house. Standing straight and tall out of the long
grass and ragweed plants were two broom-stick stem-sized Callery pear
seedlings. The invasion is on
Populus x canadensis--Carolina Poplar
U
Page I of 1
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Michigan State University.Extension
Ornamental Plants plus Version 3.0 - 00002015
11112/99
Populus X canadensis--Carolina Poplar
Hardiness Zones: 2 to 6
Height: 50 ft Spread: 35 ft Form: rounded
Type: deciduous tree
Annual Growth Rate: more than 18 inches
Comments: This hybrid poplar grows quickly but has
significant bad habits. It should not be grown near sewer
lines and it is susceptible to canker diseases. Poplars
are problem-prone plants that require more care than other
trees. .
Cultivars:
'Imperial' - A male clone, attains a roughly pyramidal
shape with a height of 60 feet and a spread of 35
feet.
'N.E. 308' - A narrow, columnar form reaching a height
of 55 feet but spreading only 22 feet.
'Nor'easter' - This clone is a sterile female so will
be seedless. It is listed as being more disease
resistant than other poplar cultivars. It is a
rounded tree reaching a height of 75 feet and a width
of 40 feet.
'Prairie Ski - A columnar fomi that will be 55 feet tall
but only 10 feet wide. Cold hardy and vigorous.
'Robusta' - This cultivar is also seedless and forms an
oval crown on a tree about 50 feet tall and 35 feet
wide.
References for Cultivars: Bailey Nurseries 1999, Lake
County Nursery 1999, Carlton Plants 1999.
Go To Top of .File
W~b S.ik
Michigan State University-ExteJ~ij)lLlf9m~Xa~
Main Pag~(or this DatJLll~t~tL
MNLA
This information Is for edu(ational purposes only. References to comlilercial products or trade names does not imply endorsement by MSU Extension or
bias against those not mentioned. This information becomes public property upon publication and may be printed verbatim with credit to MSU Extension.
Reprinting cannot be used to endorse or advertise a commercial produ(t or company. This file was generated from data base ZZ on 01119/00. Data base ZZ
was last revised on 11/12199. For more information about this data base or its contents please contact loeal/rv<iplII.H4e,I1I.HUtt!lL. Please read our d..iscJaiJlIf!.lfor
important illformation abollt usillg (lur site.
http://www .msue.msu.edufimp/modzzJ000020 15 .html
7/25/2003
..,,?"
...
/ \ ( \
ERDmONANDSEDIMENTCONTRrlLPLAN
TECHNICAL REVIEW AND COMMENT
-;
Hamilton County Soil and Water Conservation District
1108 South 9th Street, Noblcsville IN 46060
Ph- 317-773-1432 or Email atiohn-southCa2iaswcd.or2;
~.~'~~.~j-~0
PROJECT NAME:~1'p1eJ Ci!'y'~G,~bter~P-a['eei~#.i1A
50/0; DdP<O&
SUBMITTED BY:
Carmel Redevelopment Commission
One Civic Square
Carmel, IN 46032
317- 571-2417
Koscne and Kosene
4495 Sa&ruaro Trail
Indianapolis, IN 46268
Mr. Lester Olds
CSO
280 E. 96th Street, Suite 200
Indianapolis, IN 46240
REVIEWED BY:
John B. SouthP.E.
Certified Professional in Erosion and Sediment Control
PLAN REVIEW DATE:
July 15, 2003
Acreage: Approx. 3 ac.
LOCATION:
West side of Rangeline Road, north of GradIe Drive
LEGAL DESCRIPTION: Sec. 36
TOWNSHIP: I8N
RANGE: 3E
CIVIL TOWNSHIP: Clay
SOIL SURVEY MAP SHEET: 50
The technical review and COllll11ents are intended to evaluate [he completeness of the erosion and sediment control plan for the
project. The erosion and sediment control plan submitted was not reviewed/or the adequacy of the engineering design. All
practices included in the plan, as well as those recommended in the comments should be evaluated as to their feasibility by a
qualified individual with structural practices designed by a qualified engineer. The plan has not been reviewed for local, state,
or federal permits that may be required to proceed with this project. Additional information, including design ca/culations may
be requested to furlher evaluate the erosion and sediment control plan.
The erosion and sediment control plan has been t"cvicwed and it has been determined that the plan:
Satisties the minimum requirements and intent of 3271AC ]5-5 (Rule 5). Notification will be forwarded to the
Indiana Department of Environmental Management.
Refer to the cOlUmc.uts section for additional information.
X Does not satisfy the minimum requirements and intent of 327IAC 15-5 (Rule 5); deficiencies are noted in the
checlJist and in the comments section. Deficiencies constitute potential violations of the rule and must be
adequately addressed for compliance. The information necessary to satisfy the deficiencies must be submitted:
Proper implementation afthe erosion and sediment contrul plan and inspections of the construction site by the developer or a
representative are necesswy to minimize ojl~site sedimentation. The developer should be aware that unforeseen construction
activities and weather conditions might affect the pelf()rmance o/a practice or the erosion and sediment control plan. The plan
must be aflexible document, with provisions to modilY or substitute practices as necessary.
"
,,' - '"'PROJECT:
Page 2 of3
Yes No
x lA
X lB
x IC
x lD
x tE
Yes No
x 2A
x 2B
x 2C
x 2D
x
x
x
x
x
2H
21
Yes No
x 3A
x JB
Yes No
X 4A
x 4B
x 4C
x 41>
x 4E
x 4F
x 4G
nla 4H
x 41
x 4.J
x 4K
( ,
Cannel City ~er Parcel #2A
u
ARE THE FOLLOWING ITEMS ADEQUATELY ADDRESSED ON THE PLANS 'f
(~jJf Plall.5 Must Include Appropriate Legend'!, Scales, and North Arrow)
(ltems that are Not Applicable to this Project are designated by NA)
PROJECT INFORMATION
Project Loclltion Map (Show project in relation to other areas of the county)
Narrative Describing the Nature and Purpose of the Project
Location of])lanned and/or Existing Roads, Utilities, Structures, Highways, etc.
Lot find/or Building Locations
Landuse of Adjacent Areas
(Show the Entire Upstream Walershed and Acijacent Areas Within JOO Feet of the Property Lines)
2E
2F
2G
TOPOGRAPHIC, DRAINAGE, AND GENERAL SITE FEATURES
Existing Vegetation (identify and Delineate)
Location and Name of All Wetlands, Lakes and Water Courses On and Adjacent to the Site
IllO Year Floodplains, Floodway Fringes, and Floodways (Note i(None)
Soils Information (Ifhydric soils are present, it is the responsibility of the owner/developer to
investigate lhe existence olwelland~ and 10 obtain permits from the appropriate guvernment agencies.)
Existing and Planned Contours at an Interval Appropriate to Indicate Drainage Patterns
Locations of Specific Points Whcre Stormwater Discharge Will Leave the Site
Identify AU Receiving Waters ( if Discharge is to a Separate Municipal Storm Sewer, identify the
Name o.//he /vhmicipal Operator and the Ultimate Receiving Water)
Potential Areas Where Storm water May Enter Groundwater (Note !iNone)
Location of Storm water System (Include Culverts, Storm Sewers, Channels, and Swales)
LAND DISTURBING ACTIVITIES
Location and Approximate Dimensions of All Disturbed Areas [i.e., Construction Limils]
(/i/eas Where Vegetative Cover Will Be Preserved Should be Clearly Designated)
Soil Stockpilcs and or Borrow Areas (Show Locations or Nale if None)
EROSION AND SEDIMENT CONTROL MEASURES
Sequence of Whcn Each Measure \ViII Be Implemented (Relative to Earth Disturbing Activities)
Monitoring and Maintenance Guidelines [or Each Measure
Perimeter Sediment Control Measures (Location, Construction Detail, Dimensions, and Specifications)
Temporary Seeding (Specifications, Including Seed Mix, Fertilizer, Lime, and Mulch Rates)
Temporary Erosion and Sediment Control Measures
(Localion, Construction Detai!, Dimensions, and S'pecifications)
Permanent Erosion and Sediment Control Measures
(Localiol1, Conslructiol1 Detail, Dimensions, and Specifications)
Storm Drain Inlet Protection (Loca[jon, ConslruClion Detail, Dimensions, and 5pecijications)
Stor-Inwater Outlet Protection (Location, Construction Detail, Dimensions, and Specifications)
Stable Construction Entrance (LocatIOn, Construclion Detail. Dimensions. and SpecificatIons)
Er'osion and Sediment Control on Individual Building Lots (Specifications)
Permanent Seeding ('~fJecificalions; including Seed Mix. Fertilizer, Lime. and J'viulch Rates)
Revised 41 97
.....-
,.-'
( ) ( ,
ER't'rSION AND SEDIMENT CONTR~L PLAN
TECHNICAL REVIEW
COMMENTS
PROJECT:
Carmel City Center Parcel #5 (Shapiro's Phase II)
Page 3 of 3
Note: All erosion mul sediment control measures shown on Ihe plans and referenced in tllis review must meet the design
criteria, standards, and specifications outlined in tile II IndimUl Ham/hook/or Erosion Control in Developing Areas" from the
Indiana Department oINatural Resources, Division o/Soil Conservation or similar Guidance Documents.
Address items in sections I, 2, and 3.
2D. The soils need to be named and a brief description given.
4A. Items to address in the sequence:
Protecting existing manholes along 3,d Ave.
Provide for stone drives and parking lots prior to starting building construction.
Temporary or permanent seeding needs to be completed as each building is finished.
Provide for temporary seeding after the utilities are installed.
4C. Protect existing storm inlets prior to construction.
40. Silt fabric under casting is not an approved practice. Commercial products are available that meet
requirements.
4J. Erosion and sediment control instructions/expectations are needed for building instruction. Because of
the limited space onsite for consttuction, I would reconunend an inlet protection product that fits into the
manhole especially during building construction. The traditional above ground practices are very hard to
maintain on a tight site.
4K. A permanent seeding spec. is needed. Show seeding for all disturbed areas.
Note: IDEM will be notifi.ed when the plan is approved.
Cc: Carmel DOCS
Ha. Co. Surveyor
File
..
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RECFIVED
JUL 23 2003
DOCS
).,
~
~lfmOl!
July 23,2003
Mr. Laurence M. Lillig, Jr.
Planning & Zoning Administrator
Department ot Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
RE: Docket No. 50-03 DP/ADLS; Carmel City Center, Tract 2a
Kosene & Kosene - CSO Project #23055
Dear Mr. Lillig:
This letter is.in response to. your review letter dated June 17,2003 regarding the
submittal orsite. construction plans for the Kosene &.Kosene condominium
project.. This letter along with the attached set of revised documents will serve as
the developer's reply as well as the CRe commission's approval.
1. The filing fee. of $1 ,640.98 is being forwarded to. your office. under
separate cover by the developer.
2. The condominium complex project name will be Carmel City Center -
Condominiums and Townhouses.
3. Ourclient is referring to IC3@orthe statutory requirement tor
coodominiums.
4. The develOper will submit under separat~ cover a filirig fee tor each
condominium at $1 ,040.00~
@ TheCarrT1elg~g~v~lopment, Corn~is.sipnattotl"1ey:as well as the
'develpper~sattprneyha\lecjetern:lln~cj th~ta. plat;YfIIlJlot be needed to be
'fiIeq fpf:this projeGtinCarmel City Cen'ter.
6. The privateJIQC)pl()c.icjwill.h~ye tl:1re~L~)s~J?~rat~.stre.et.names. Original
'street, narnes;were submittecl.toMr.:BiIrAkersof the.Carmel.of
'dbm~~ciriT~aJiofls';aTld:pp~raliohs"M t: ~keri Bas"~ejeded1he"f!rshthree
'na mes, :three newnamEt~;J)ave Q.e~l'1.f0.rw'a,,~a~a0rl to h)soffice for .
<~ppfovalalpng wit.hthe!~$ite pl.i:m$ a09 Qui(cl.lti~JI0or plans. !
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Mr. Laurence Lillig, Jr.
July 23, 2003
Page Two
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(2) The construction plans represent site engineering for the entire site.
However, perthe understanding with the Carmel Redevelopment
Commission the developer will be purchasing Phase I ground at this time
with Phase II ground to be purchased at a later date. Certain site work
will be carried on Phase II per the project agreement between the
Redevelopment Commission and the Developer. The first phase of the
project will consist of two building types. There will be one four story
building with five (5) additional three stQ!Y townhouse buildings. CSO
~--. Sheet PS100 indicated the separation between the first phase and the
second phase of the project by referring to them as Parcel #1 and Parcel
#2.
vi' Since the roadway consists of private drives the Condominium
Association will have the authority to ticket/tow vehicles parked on the
outside loop road.
./'9. Where sidewalks meet curbs, handicap-accessible ramps have been
indicated on the drawings. Internal sidewalks have rolled curbs where
sidewalks meet cl!rbs.With regard to handicap spaces it must be noted
that these are private residences and. do not falf under the requirement for
multi-family projects with respect to handicap parking. We have a limited
number of handica.p spa.ces.
@ Regardiqg the comment Sheet C201 has parkir18 spaces. immediately
east andwest ofthe handicap spaces Note Sindicated at the curb, yet no
stalrs. are indicated on the drawings. Stairs have been added to the
drawings for ciccess' to the reflectiri ponel area. /Jo eesfbl../se-
Ife-: R4,<./Plc,4~ "'CC~
1. On Sl'1eet 101, the "Do Not Enter"signs (Plan Note P) have been moved
closer :to the street per your requestbefore entering the" south cut
~~ Dump'ster/fOI1JPa.C!or sites are not.on the plan since all trash will be
contained within the ihclividu<11 buildihgs anclonly broughttc;> the Street in
enclosed.containers on pick-up day.
'C31!Ma.JI.cleliyery serviceJr~s. be~n discu~sedV{it~ t~,e ,fos.tC)fffceand' they
. an~lnthe.l?roqe~s?f r,evlewln!;j ~he ProP<))Se:~:I10catlons for.tre . !Rr
,freestandmgma1lklosksperunlt .!..... '.. .' ..... .... .... ......de~cP:~T(~~f
":@.EQ0IQ.s~:d,:'pr~ t.he, C\Jt~shE:!.e,ts..fqr the)thxe~9!tferenhighHri9 fixtures. s:;,V;fX>~~ (..,~. .
. ~VV~hav~;forWarged lhe[aQdscape!RI~n~,tQth~!JJbanForelstE:!rfOr his
s8qqn'iJ revie'w: Theorigillals'bbmittEllwas<'0h'June 10, 20~3.
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Mr. Laurence Lillig, Jr.
July 23, 2003
Page Three
4 Where this project abuts the AMLI project to the west a landscape strip
has been laid out along with necessary site drainage to receive AMLI's
storm water. That information has now been added to the documents.
@ Ground signs for the project have been added to the landscape plan,
Sheet C401. The project ground signs will be located at both the north
and south entrances to the project.
Hopefully we have responded to all of your concerns and issues and look forward
to your approval for the project.
Respectfully SubmItted,
/2fJ0fL-
Robert Olson
CSO Architects
lal
280 East 96111 Street
cc: Kate Wefise, Bill Akers, Scott Brewer, Chief Fogarty, Stephen Engelking, Ed
Burke, Taod Miller, Karl Haas, Bob Finger, Las Olds,file
Corporate Headquarters
Suite 200
Indiane.polis..lndiana
46240
T::ll,:7.84!:1.7800
f 317.574.0957
-...MW.cso,arch,com
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146 mm
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21 m:1:-l= J~c;I3~~
64mm
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Trim Ring · WLA: Die-cast aluminum (copper-free). · WLB: Polycarbonate, color-impIE
dark bronze finish.
Lens D Louvered fixtures have clear, tempered glass. D Frosted lens is tempered glass
Face Plate. Horizontal and vertical louvers with 450 cut-off or lens. frame for fmstf
. WLA: Die-cast aluminum (copper-free). · WLB: Natural cast bronze.
Gasket · High-temperature silicone.
Housing. Recessed, water-tight. die-cast aluminum (copper-free), for corrosion IE
in concrete applications. 0 Two 1/2" conduit entries and ample wiring compartmer
through -wiring.
Finish . Thermoset powder-coat.
Sockets. All incandescent and liD sockets are porcelain medium-base. · Fluores
socket is GX32D. 0 All low voltage sockets are bi-pin T4 GY6.35. · Lamp not indu
Electrical 0 Sockets pre-wired with high-temperature #18 AWG. 0 Electrical comp
are mounted to a key-slotted removable tray with quick disconnect for easy insta
after housing has been installed.
Thermal Protector 0 Required for installations in drywall. plaster, wood or other
non-masonry materials with the exception of fluorescent lamping and must be or
as an option (add suffix "P" to catalog number). D Not required or offered fur ins
in concrete, brick or other masonry-type materials. 0 Unit is mounted from insidl
housing and is field replaceable without removing fixture from housing.
Step-Down Transformer. 120:12 electronic isolated primary to secondary. 0 95~
efficiency rating, sound rating "A".
Ballast 0 All compact fluorescent ballasts are normal power factor, core and coil, :
rated for 120V -20oF, 271V -320F starting temperature. D AU HID ballasts are HPF.
and coil.
Fasteners 0 Tamper-resistant stainless steel.
ADA Compliant. Compliant when used in indoor and outdoor wall applications.
Certificatio~ 0 ULjcUL Listed to U.S. and Canadian safety standards for wet locatio
Warranty · 3-year limited warranty.
Wall
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DESC"'IPTlON The bollard srlaU be cost ,oj~minui ,1
constructl00 wlth'o 12-fiute shott and a classiC tap& 'ed base.
The bullard shall be provloed with an optical Qssem liy mount-
ed Inside the shaft providing 0 l,e.S, '!Ype v dls1r1butE In with a
cast aluminum ball or dome tor'l, ',', ,
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MATERfAl,;i The boUard a~d top shall be hBcJ:'y-wall,
copper freGl, cast aluminum preduced from o+rllft8\: ASTM
356.1 Ingot per ASTM B 179-950 (if ASTM 826~951 The,:;:Osttngs
shOll be formed true to the patfern with CDm~\ete ,; ~tall. The
lens shoil be whi1e acryllc. All e:tposed hardWlilre S~ ~1I be
tamper resistant stainless steel. .:t..nchm bolts to be q XoplEllely
hot-dip galvanized. · ~! ;
~ONSTRUCTION The bollard stioll be made fl'OmcZ Qoe-pk;rcGI
costing with a remol,'Oble toP. ;he optIcal assi;lmbl';~hCll be
secured IllsJd~ the shaft. All eXf'<)Sed welds sh~lI bs,; ground
smooth. All welding s~all bG pe: ANSI/AWS Dl }2-90'-; All wGldGrs
sholl be cQrtltled per SeCtion 5 c.t ANSlfAWS D1;.2-9O '
": : ~ :
DIMENSIONS The boUard :;toll be 3'-].6" at 3'-1Ci,~H In height
with a 11.5' diomeh.r base. a 5.oP' diameter short. 0/; d a 5'
diameter ball or 5.5'dlometer dome top. ' :
INSTALLATION The bollo(O stlolll;le provided wiW 1't:lur 1 f2"
dlameter by i 8' long. hot-dip g(!I\lanl~9d L-type one, ,Or botl'S to
b~ !rwtq!!ecl Of") on e' bolt circle,,: A dOOr sholll:lG prC: tided in
the boss for accesS to anchor t:olts and Wiring. lhe' bollard top
sholl be removable for optiCOI OSsQffibly acce~. : .; ,
W;;1fT SOURCl: fhB lighted b~pllar6s Shol! DEi: turni~ led with
an H.LD. ballast and .soc~ef oswmbly. SOCKar~ shall{ ~a glazed
porcelain medium OClSQ. with a copper olloV (jICkQI! llated
$Crew ~he!l and cel"\t~r contact.; The baHost sholl be: c core
and call, high power footor, reg ~!ating type.: .: !
;' :; :.
For finish specifications and oolc,lr options. see :Flni$l:.~ see "on
in cdtalog. :
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ORDERING INFORMATION : ChQQWth$~~itCQ;l~nofTI'ifl-
: cla1we mar Deit ~vlls yQ'o.', fll~ed4 end
. wrll~ it on 1M opProplk:l1i' ~ne,
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AMIG' Vecd~ GrOO.: :
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35S Mr:D
50S MED
70s MED
100$ MJ:D
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ANTIQUE St;teetLairL}?$
2:011.8 w, ~'1no'lbelg Ln.-A=r>.1')( 7B75l1,~512) 9n-e<lM.1$(51~) 1'77-9622
J= l';tl\-Yl 1: r'1 Pf :
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City Center,CTract 2a - Kosene & Kosene Condos
Survey Boundaries
- Township Lines
Transportation
Abc Interstate Hwy Text
Abc U.S. HwyText
Abc State HwyText
::::z:::=- Interstate Highways
~ U.S. Highways
- State Highways
::z::JI Primary Roads
D Parcels
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Tuesday, July 08, 2003 2:52 PM
JUL. 1.2003 5:05AM
WALLACK SOMERS HAAS
NO.421
P.1/4
WALLAC~
SOMERS
& HAAS pc
AttOlTlays at I..lw
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, JilL 1 2003
DOGS
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One InQfana SqLlare
Suite 1500
Indianapolis, lndianIl462,a~
Tel: 317.231.9000
Fax: 317.231.9900
FAX
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Facsimile Number
To:
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51/ - d,4 d.-lt
from:
KARL P. HAAs
Number of Pages (inducting 'ov~r sheet):
Ma~~er:
MESSAGE
Fax da~e &: time:
~"f1dllntlality Notice
The InfQrm.nlcr; col'lcal~ed lrHhiftfilnsmlsston f.!i prfvat!l, 'onno:lentl~t,
/TIay ~ artomDY'cl!el1~ F1rlvltagsd. Is ~he prope.~ pf me sel'\dllr, llfltl
IE im:Gl1ded solelY f..l' d1a 4~l!o of the adqressae(~l. Unw:har)<:"d uto,
dlKtcnurc. ort;apyl~ll mlc~1y prahltJtiad.lrYOII have l'flC!l)VIIcl thIS
t~srnlulon In e!'f'Qr. plll:ln te'ephC~B us ImmediatelY 11; (317)21 I.
9000 10 thllt we c:lI!1 ar.qnge fill' ~ nolJ111val Q( dmrUQ;!on o( the
dlX!umGnts: ~ no celt to TQU. If rhl. ~f"Iln.m1GSlon II 'I\COmp!lltll or
1II1ig!bllll. please Clllllls OlE che above 1'14mbltl'.
Wall<1~k Somers &: H""s: A law firm concentrati.ns;
if.S practice in business lransaCfiol1S Bnd all areas of
commercial real es~re, including :3cqllisiuops,
devdopmen~1 and leasing. Th.e firm prides itself on
providing mnovative ;'lnd eJfic:ient service to cltenr5
from across the country With a con5t"t\t emphl.'ls\s
on the clients' bottom lifle.
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Page 1 of 1
LJ
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lillig, Laurence M
From:
Sent:
To:
Karl P. Haas [kph@wshlaw.com]
Thursday, June 19, 2003 10:25 AM
Les Olds
Cc: Steve Engelking; Ron Carter; Ri~k Sharg';hMorrissey, Phyllis G; Mielke, Sherry S; Lillig, Laurence M;
John Koven; Ed Burke; Bob Battreal; VY...ee_s_e, ~ate K
, ~c- u
Subject: Developer's Work ' . ~ ~ ~
.AlA V-:'
&rCQ~
C?,~.
Les -- remember as you prepare/ap~>r9ye the exhibits tothe Project Agreement describing Developer's
Work that we need to include landscapingal'ongthewest leg of the road (Le., along AMLI). As you will
recall, Kosene has agreed to spend up to $1'0,000 on landscaping if CRG requires and AMLI approves.
Thanks. KPH
*** eSafe has scanned this email for malicious content and found it to be clea
*** IMPORTANT: Do not open attachments from unrecognized senders ***
6/19/2003
u
u
Page 1 of 1
Lillig, Laurence M
To:
Cc:
From: Karl P. Haas [kph@wshlaw.com]
Thursday, June 19, 2003 10:22 AM
Marvin Mitchell
Gerald Kosene; Steve Engelking; Ron Carter; Rick Sharp; Morrissey, Phyllis G; Mielke, Sherry S;
Lillig, Laurence M; John Koven; Ed Burke; BQbBattreal; Weese, Kate K
Subject: Re: NO NEED TO RESPOND GERRY WROTE ME THE INFO-- THANKS MM
~
{(ECr' .
Jlr' Jr IVED
'l~ 19 '(~fI.:1
L f) '1I
DOCS 'J
Sent:
Marvin -- what you do need to know, though, is that CRC has scheduled a special meeting for 7pm on July 2. The plan is
to approve a site plan at that meeting. Please make sure that we have site plans to distribute a week in advance, ifpossible.
Having them in a format for distribution via email would be helpful. Thanks. KPH
----- Original Message -----
From: "Marvin Mitchell" <MMi.t<.:]J};U(?{lm,hjcl.\:oQm>
To: <Jmh@YL~l1J<l"\Y.~D1l1>
Sent: Thursday, June 19, 2003 9:34 AM
Subject: NO NEED TO RESPOND GERRY WROTE ME THE INFO--THANKS MM
Marvin Mitchell
Mitchell Hurst Jacobs & Dick,LLP
152 East Market Street
Post Office Box 44911
Indianapolis, Indiana 46244-0911
Phone: (317) 636-0808--(ext 121 after hours)
Fax: (317) 633-7687
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6/1912003
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CL!r2fo~5~~1
Division of Planning & 1~ning ~
(:~JtJZ[q?V[O
17 June 2003, D'.[ lfi(}3
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Lester S. Glds
CSO Architects
280 East 96th Street, Suite 200
Indianapolis, IN 46240
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Re: Docket No. 50-03 DP/ADLS; Carmel City Center, Tract 2a - Kosene & Kosene
Via Us. Mail & Facsimile (317/574-0957)
Dear Mr. Olds:
Following are the Department of Community Services' comments on the Site Construction
Plans for the Kosene & Kosene condominium project to be located at Carmel City Center, Tract 2a:
Application:
· Docket No. 50-03 DP/ADLS has been assigned to this project. Please refer to this number in
the subject of all correspond~nce related to this application.
· The Filing Fee for the DP/ADLS petition is $1640.98 ($728.00 + 728.00 + (36.50 * 5.068)).
· Will the condominium complex have a project name?
Condominium:
· Please refer your client to IC 32-25 for the statutory requirements for Condominiums.
· The current Filing Fee for Condominiums is $1040.00 per plat.
. In accordance with the requirements of the Hamilton County Auditor's Office, the plat will need
to be certified by both the Department of Community Services and the Department of
Communications. Once the project has been heard and approved by the Plan CoInrnission
Hearing Officer, I will provide you with the language for these certificates.
Addressing:
· Will the private loop road within the project have a street name? If so, the name will need to be
approved by the Department of Communications.
Ol\.TE CIVIC SQUi\RE
Page 1
CARMEL, INDIANA 46032
317/571-2417
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· Department of Communications Operations Supervisor Bill Akers's TAC correspondence of
March 17; 2003, indicates that addressing will be accomplished once final plans have been
developed. Please forward :Mr. Akers copies of the site plans and building floor plans at this
time.
Development Plan/ADLS:
~though the Construction Plans are complet!;? for the entire site; it is DOCS's understanding
that Phase I oIlly includes the plaza, the westernmost of the Type I structures, and the five
townhouse structures on the west end of the proj ect site. Is this still correct?
/As a private drive, the Catmel Police Department may not feel they have the authority to
ticket/tow vehicles parked on the outside of the loop road. How does the developer propose to
address tbis potentially dangerous parking situation?
· Where sidewalks meet curbs, handicap-accessible ramps need to be installed. Please Ilote that
the blue-striped area on the south side of the handicap-accessible spaces is entirely enclosed by
a six-inch (6"), chair back (straight) curb. A ramp out is recommended.
v\vith only two handicap spaces shown on the plans, it seems that the site is underserved. Please
review requirements for multi-family projects with respect to handicap parking to ensure
compliance.
c:=mow is handicap access from this site to the Reflecting Pond accomplished?
· On Sheet C20l in the parking spaces immediately east and west of the handicap spaces, Plan
Note S is indicated at the curb, yet no stairs are indicated on the drawing, nor is there an
apparent need for stairs at those locations.
vbn Sheet 20 l, two "Do Not Enter" signs (plan Note P) are shown approximately fifty feet from
the back of curb outside the right;..of-way. Please consider moving these closer to the street,
where they are more likely to be seen by motorists before entering the south cut.
.....bumpster/compactor sites do not appear on the pian. How is trash service accommodated?
0Has mail delivery service been discussed with the Post Office? There does not appear to be a
mail kiosk oil the plan.
0The Legend on Sheet C40l identifies three different lighting standards. Please provide cut
sheets for these installations.
~ you have not already done so, please provide Orban Forester Scott Brewer a copy of the
Construction Plans.
~e Department understands that this projectinc1udes offsite improvements where this site
meets :the AMLI at City Center site on Parcel la. Please include these improvements on the
pl'.lns for Parcel 2a.
0The Department has not seen a Sign Plan for "tIris project. Please be advised that the signage for
this project will need to conform to Section 25.07.02-02: Multi-Family Housing Complex.
Once the Filing Fee has been paid and revised plans have been. prepared, the date of the
ONE CIVIC SQUARE
Page 2
C.ARMEL, INDIANA 460}Z
317/571-2417
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Public Hearing will be set.
If I can be of any further service please feel free to contact me at (317) 571-2417.
Sincerely,
- ......
d/:tz r.
Planning & Zoning Administrator
Department of Community Services
Cc: Kate Weese, City Engineer, Department of Engineering
Bill Akers, Operations Supervisor, Department of Communications
Scott Brewer, Urban Forester, Department of Community Services
Chief Fogarty, Carmel Police Department
Stephen C. Engelking, Director of Redevelopment
CRC Members
ONE CIVIC SQUARE
Page 3
CARMEL, INDIANA 46032
317/571-2417
Glacier
Page 1 of 1
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Lillig, Laurence M
--I -- ._=--.
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From: Karl P. Haas [kPh@WShlaw.com(; jft. /\
Tuesday, June 17,2003 10:50 AM REf}'IVED ~. j
Marvin Mitchell lJ. jUN 11 2CG3 L.-I
\h . t\nr~ ' .~J
Steve Engelking; Ron Carter; Ri~~'Sharp; INIlorr4'ssey, P.t!'y~I'is G; Mielke, Sherry S; Lillig, Laurence M;
John Koven; Ed Burke; Bob Battreal;,Weese, Kate K;..Les aids; Jennifer R. Shoup
... "..... .....,./
Subject: Re: Items Required for CRC ApprovalZ ~j:., Il-I.~\ \/
~--:'-'--~
Sent:
To:
Cc:
Marvin - We definitely should have a Site Plan showing the Segments, but, as far as I am concerned, we
can have the Project Agreement and the Site Plan approved without haVing the Segments identified.
Then, we can work out the configuration of the Segments as we complete the rest of the Exhibits. KPH
----- Original Message -----
F ra m :lVtarYloJIJ1iigh~U
To : Kl3:CI_f? JJi38 ~
Cc: I?'Qg..Ml!L(~Lll;:mJJin ; Q~[9..I.c;L8.,J5Q~eJ1El(E-m9iD
Sent: Monday, June 16, 2003 5:36 PM
Subject: RE: Items Required for CRC Approval
KARL THANKS FOR WAKING US UP. I THINK MY LAST FEW NITS ON THE PROJECT
AGREEMENT I SENT YOU ARE NO BIG DEAL. I HAVE A SITE PLAN I GOT LAST FRIDAY FROM
TAD BUT I DONT THINK ITS WHAT WE WANT. I HAVE A CALL INTO HIM AND GERRY
DO WE NEED A SITE PLAN WITH PHASE TVVO SEGMENTS BROKEN OUT? I THINK YES
THANKS MM
-----Original Message-m-
From: Karl P. Haas [mailto:kph@wshlaw.com]
Sent: Monday, June 16, 2003 5:08 PM
To: Marvin Mitchell; Gerald Kosene
Cc: Steve Engelking; Ron Carter; Rick Sharp; Morrissey, Phyllis G; Mielke, Sherry S; Lillig,
Laurence M; John Koven; Ed Burke; Bob Battreal; Weese, Kate Kj Les Olds
Subject: Items Required for eRe Approval
Here's what we need for CRC to approve at the meeting tomorrow:
1 . Project Agreement -- Complete
2. Elevations -- I believe these are complete. Les, please confirm.
3. Site Plan -- Still need site plan that shows alternatives.
4. CRC Work -- Commission members will determine at meeting.
KPH
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6/1 7/2003
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Lillig, Laurence M
From: Bryan/Kate Weese [kweese@indy.rr.comJ /". -:-r--::'~7;:-....
Sent: Tuesday, June 17,2003 9:50 AM ;f<: ,. /;1...' '"
To: ~~cbri~e@ci.c~rmel.in.us; dhill@ci.ca,{~;i.in'RE;~VED '<\
Cc: 1IiIIIg@Cl.carmel.ln.uslr'_'JUN112n03"-'J
Subject: Kosene Review Letter \ - , DOCS 2'
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Mike: can you and Dick pull the couple parts missing'f,?r:th)s letter (the ir:litial/project review paragraph, and the
closing "if you have any questions.." paragraph, and add..tbefT:!~tPJt~i~/?_~.tM? I've pretty. much covered the specifics
of the sheets. (Sorry, I have the plans here at home. If you need-to-see them, check with Laurence).
If you want to change the letter to be from you Mike, so you can sign it, that's fine with me. Otherwise, one of you
can sign it for me (initial it if you want to) and make the copies for distribution. I'd just let Steve: know you have this
letter and see jf he's OK with you passing out the copies at the meeting. Obviously, it's too late to have it with the
members packets, and J don't want to burden them with this at the meeting, but you can say the copy is for their
later review, but primarily, we didn't have any major problems with the plans....just some necessary and/or
recommended revisions.
Mike, by the way...Sorry for the big "dump" of all the CRC stuff, but just in case you wanted to see/review some of
what had been recently passed around, I thought I'd send you copies.
Thanks for going to the meeting for me. If you need to talk to me, give me a ring on my cell (at home now, 254-
1314, cell phone on after 10:30 or so). See you tomorrow.
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6/1 712003
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June 17, 2003
Robert Olson, Project Engineer
CSO Architects & Engineers
280 E. 96th Street, Suite 200
Indianapolis, IN 46240
RE: Kosene Site (City Center Parcel 2A)
Dear Bob:
(Dick, please insert standard project review material here, covenng basics)
Demolition Plan (Sheet C 10 I)
· All work in the 3rd Avenue SW right-of-way should be carefully marked to protect ,all existing
improvements, including the indications for "clean saw-cuts" where median work is to take place.
This will help protect existing edges of asphalt. (For example, note and arrow should indicate "saw
cut at face of gutter and pull away from road edge when removing")
· Areas of removal (sidewalk, median, curbing) should be dimensioned and referenced to known
measurable limits (such as existing end of median, or transitions or turns in curb line).
. The note regarding protection to existing storm inlets within 3rd Avenue SW (plan Note "C')
should indicate what type of erosion control measure to be used (i.e, straw bales, fabric over inlet
grates, etc.) and when to be used, during entire length of project or during road work only.
II Indicate if any landscaping (trees) arc to be impacted with the demolition work, and what it to be
done with any removed trees.
Site Plan (Sheet C20 1)
· All signs shall comply with Indiana Manual for Uniform Traffic Control Devices (STOP, etc.)
II Please dimension R W lines where possible, and indicate/mark property lines around site.
e Plans showing new curbing at south end of median in 3rd Avenue SW, where grassed area is to be
removed, should show new pavement to be installed, and include new R W pavement section
(should match that of 3rd Avenue SW project). Additionally, we recommend milling and new
surface of all areas at south entrance and across 3rd A venue SW in front of this entrance, due to
current conditions of this pavement and likelihood that removal of curbs will create unclean edges
of existing asphalt.
o WlII ramp(s) be provided to access the reflecting pond walks from the drive around this site?
Similarly, will ramps be available at the 3rd Avenue SW side of the building faces, connecting
these walks to the walks along the TOad?
o STOP signs should be located at stop bar marking (did not see these?), at appropriate distance
behind crosswalk location. They appear to be placed farther back at entrance. Also, not sure the
"ONE WAY arrow and panel are the correct choice to be on the STOP sign at the drive exiting
onto 3 ,d Avenue SW. Shouldn't the panel be "EXIT ONLY"? The "one way" wording may
confuse people regarding directional use of the southbound lanes of 3rd Avenue SW.
,. On-street parking spaces appear to be narrow, or a portion ofthe 8 foot width (2.2 feet) extends
into the driving width. We would recommend curving the curb transitional areas at either end of
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the parking spaces to ease entry into these end spots.
o Does the RW Pavement detail match that of the 3rdA venue SW project pavement section?
It Please provide details or reference for pavement markings in median (arrow and lane striping).
III The one-way, narrowed width of 19' provides only 15 feet of asphalt pavement (up to 18 feet if
driving in gutter), and should strictly be signed or marked as "NO P ARKlNG" or any vehicle
passing another parked one will be forced to drive up and over the curb, potentially impacting
landscaping or sidewalks. Will this perimeter road be signed for no parking, or will the curb line
be painted to indicate no parking?
Grading Plan (Sheet C30 1)
· I realize there are plans to revise the landscaping and grades along the north perimeter to help
make the grades work just north of the drive, but this element should be carefully planned. As it is
unclear how much of a grade drop-off behind the curb there will be across the north drive, ANY
such decline if it IS more than a slight slope could present a hazard for unsuspecting vehicles, again
forced to drive around another parked vehicle, or for whatever reason, driving up over the curb and
gutter.
It It is preferred by this office to provide an elevation where "Match Existing" notes are indicated. If
this elevation is available (and it should be if it is knovm that it is proposed to meet that grade),
this elevation should be included for further clarity and reference to the contractor.
· Provide road elevations where median work is to take place for proper tie-in of median work, curb
and gutter elevations to mdicate drainage continues to be properly handled.
Utility Plan (Sheet C501)
" Public or private drive surrounding the building? Strongly recommend revising pavement to be
standard crovm section (versus reverse cro\vu). The primary reasons for this recommendation are
public safety and maintenance. From the public safety standpoint, during rainstorm events, all
ponding and flooding will be to the middle of the drive, making it impassable without driving up
onto curb on either side, in particular because of the narrowed, one-way width. This type of
pavement section tends also to see increased maintenance issues as the water continuously
remaining along the crease in asphalt pavement will have more effects of freeze/thaw and salt
deterioration in the winter.
o It appears that both a water line and gas line tie in will involve cutting asphalt pavement of 3rd
Avenue SW. This will require separate Board of Public Works approval, and we would ask that it
be shown this is a required connection and cannot be accomplished by any other means (without
cutting the road surface). Is it not possible to make both these connections at the south end where
the existing lines are out of the pavement, and bring up this one in front of the building faces? If it
is necessary and approved, an additional area of pavement may be required to be milled and
resurfaced to make a smooth pavement repair.
If Please provide information on the connection of the stOIDl sewer system to the underground
detention system, including the profile section with elevations of the 10 foot tie in section and
proposed elevation at the existing manhole. This section appears to be crossing an existing water
line and existing gas line. Are these line depths known to be able to clear any conflicts?
(Please insert closing paragraph here, whatever seems typical for our project review letters)
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Sincerely,
M. Kate Weese, City Engineer
cc: Laurence LilIig
Steve Engelking
CRC Members
Glacier
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Morrissey, Phyllis G
From:
Sent:
Karl P. Haas [kph@wshlaw.com]
Monday, June 16, 20035:08 PM
Marvin Mitchell; Gerald Kosene
Steve Engelking; Ron Carter; Rick Sharp; Morrissey, Phyllis G; Mielke, Sherry S; Lillig, Laurence M;
John Koven; Ed Burke; Bob Battreal; Weese, Kate K; Les Olds
Subject: Items Required for CRC Approval
To:
Cc:
Here's what we need for eRe to approve at the meeting tomorrow:
1. Project Agreement -- Complete
2. Elevations -- I believe these are complete. Les, please confirm.
3. Site Plan -- Still need site plan that shows alternatives.
4. eRe Work -- Commission members will determine at meeting.
KPH
***
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fll1 7 nom
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Page 1 of2
~~'"
/I,;':;, \)- -.-~-,< ,. "-
.~ '> .~\~ ~ . - ....
"J ., .....
lillig, Laurence M ~::j . ! .\(.\
! ~.. RECFIVED 'ht"\
From: Karl P. Haas [kPh@wshlaw.comi~:JUN 12 20af ~
Sent: Thursday, June 12, 2003 2:3.1 p~~\ DOCS 4";/
To: eburke@lndy.rr.com \<, /~.~/
Cc: Steve Engelking; Ron Carter; Rick\SQ,'8-rp~,Morriss.~Y~'P:J:l0IiS G; Mielke, Sherry S; Lillig, Laurence M;
John Koven; Ed Burke; BO,b Battreal; We~~\K{Hollibaugh, Mike P
Subject: Re: Carmel City Center re: Kosene
Ed -- Absolutely. our developers have to go through all the usual permitting and approval Qrocesses, including the usual
process for getting any variances for signs that don't comply with the applicable standa.rds.
However, in a number ofregards, the standards for plalfs and signs vary for City Center because of the unique zoning
ordinance, but that doesn't change the process. The developers all have to go though all of the DOCS steps.
I've attached a memo that I prepared some time ago discussing the City Center zoiring ordinance and the applicable standards.
There are a couple of very confusing aspects, though, that apply to City Center plan approval and zoning matters:
1. For each project, there are two plan approval processes: (a) CRC's Architectural Review Panel approving plans under a
Project Agreement; and (b) the Plan Commission ("PC") approving plans in the ordinary course of its business. The first
process is contractual: under Project Agreement, a developer cannot build a project until CRC approves the plans. The
second process is administrative: under City ordinance, a developer cannot build a project until the PC approves it. All steps
in both processes have to be complete before any project can be built in City Center.
2. To a great extent, CRC sets the applicable standards for PC review of project plans. In other words, PC review is largely
limited 10 making sure that plans CRC has approved under the Project Agreement meet the standards eRC itself has set. This
makes the process easier for developers who file plans CRC has approved. But, it doesn't excuse them from completing all of
the steps. In several important areas (e.g., sign size and design), the City's normal standards apply, though.
Ed, I interpreted Mark Monroe's email as confirming that they're going through all of the step with Mike Hollibaugh. As I
understood Mark's email, he was just requesting some background info that I thought would be more readily available to him
from prior filings that Paul Reis had made.
Let me know if I haven't cleared up the confusion.
KPH
m__ Original Message -----
From: ~qmlJJlQJilJI~e
T 0 :'!5~rIP--,-tt<:m::;'
Sent: Thursday, June 12,20031 :28 PM
SUbject: RE: Carmel City Center re: Kosene
Karl, I thought that our developers did have to go through the sign variance process. I'm sure that
I'm missing something and would appreciate another legal lesson. Ed
-----Original Message-m-
From: Karl P. Haas [mailto:kph@wshlaw.com]
Sent: Wednesday, June 11, 2003 4:52 PM
To: Monroe, Mark
Cc: Les Olds; Steve Engelking; Ron Carter; Rick Sharp; Morrissey, Phyllis G; Mielke, Sherry 5; Ullig, Laurence
M; John Koven; Ed Burke; Bob Battreal; Weese, Kate K
Subject: Re: Carmel City Center re: Kosene
6/12/2003
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Mark:
First of all, give my regards to Paul. I haven't spoken with him in a number of months. I'm pleased that you are
representing Kosene.
CRC acquired the Kosene parcel as part of the Mueller tract -- the same tract that includes the AMLI parcel. I can find the
info you requested, but I bet you have it on some of your filings for AMLI and can get your hands on it quicker than I can.
Let me know, though, if you need me to find the info.
Les, would you please email or fax to Mark a copy of the legal description?
KPH
----- Original Message -----
From: "Monroe, Mark" <.mmQIKQ_~@ill!;:..~rysimmQm.~9!l1>
To: <kph@~y~hl1!.w,:,s;..Qm>
Sent: Wednesday, June 11, 2003 4: 18 PM
Subject: Carmel City Center re: Kosene
Karl,
Paul Reis will be representing Kosene before the Carmel BZA for a sign variance at the Carmel City Center. The Carmel
DOCS requires that we file a complete variance application that includes the instrument number of the deed, the
approximate purchase date (by the CRC) and a legal description. Can you provide this information to me by Friday
morning?
CDmnk you,
Mark T. Monroe, AICP
Land Use Planner
DREWRY SIMMONS PITTS & VORNEHM, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis., IN 46240
Telephone: (317)580-4848
Telefax: (317)580-4855
email: mmQm:Q_e@cl[(C>:l~:.ry~.W:.ID.l@~.c;:Qm
This message is from the law firm of DREWRY SllvI.MONS PITTS & VORNEHM, LLP. The message and any
attachments may be confidential or privileged and are intended only for the individual or entity identified above as the
addressee. If you are not the addressee, or if this message has been addre.ssed to you in error, you are not authorized to
read, copy or distribute this message or any attachments, and we ask that you please delete this message and any
attachments and notify the sender by return mail or by phone at 317-580-4848. Delivery of this message and any
attachments to any person other than the intended recipient(s) is nol intended in any way to waive confidentiality or a
privilege. All personal messages express views only of the sender, which are not to be attributed 10 Drewry Simmons Pitts
& Vornehm, LLP and may not be copied or distributed without this statement.
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6/12/2003
u. ' U' ~,--:~----.
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RECF/VED ::\-~)
CITY CENTER PROJECTS " ,JUM 12 fJ!l,11 3 'Iit_::
PLAN APPROVAL STANDARDS; , Jr c-uv
'\-:, Docsl::/
...... _.~ /'Z ~
By contract, plans for each City Center project is SUbject~t6>~view and apf:J(g,v~1 by CRC
under the Project Agreement for that project. The standards for CRC's revieW)nd ap.P~9yal of the plans
is set forth in the Project Agreement. Typical provisions are attached as AddenaD~~No:-1 .
By law, plans for City Center projects also are subject to the review and approval of the
Plan Commission ("PC") under the C-1 Zoning Ordinance. The standards for the PC's review and
approval of the various design aspects can be separated into three categories:
1,
Specific standards are stated in the Ordinance.
2. The City standards apply (presumably, the same zoning standards that would
apply to any other development in the City of Carmel).
3.
The. CRC standards apply (as adopted for the City Center).
Set forth below is a chart with code citations listing design aspects and identifying the
applicable standards for the PC's review and approval (the category into which the design aspect falls).
Code Section Desiqn Aspect Applicable Standard
20E.5 General Architectural Design CRC City Center Standards
20E.3 AccessoryBuildings CRC City Center Standards
20E.4.1 & 4.2 Maximum Building Height Specific Ordinance Standards
20E.4.3 & 4.4 Minimum Lot Frontage & Size Specific Ordinance Standards
20E4.5 Maximum Lot Coverage Specific Ordinance Standards
20E.8 Fencing Height & Materials Specific Ordinance Standards
20E,9,1 & 9.2 Parking Lots & Pathways Specific Ordinance Standards
20E.6.1 Landscaping Style & Species CRC City Center Standards
20E.6.2 Right-of-Way Landscaping General City Zoning Standards
20E.7.2 Sign Placement & Number CRC City Center Standards*
20E.7.1 ** Sign Size & Design General City Zoning Standards*
20E.10 Streets & Sidewalks General City Zoning Standards
Subject to20E.7.3 & 7.4 which specifically limit placement and size
**
Permits the City to develop specific standards for City Center
The CRC City Center Standards are the "Development Guidelines" that have been
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prepared by CSO and attached to CRC's Requests for Proposal and Project Agreements. These
Standards remain flexible, in that, by adopting a resolution, CRC may revise or replace the Standards.
Technically, CRC may lack the authority to grant variances from the Standards. However, CRC has the
authority to revise the Standards as they apply to a particular project in the City Center, which, in effect,
gives CRC the same ability as if it could grant variances from the eRC City Center Standards.
CRe does not have the authority to grant variances from the Specific Ordinance
Standards or the General City Zoning Standards. These variances can be granted only through the
ADLS approval process. However, this does not mean that the PC has sole control over the design
aspects to which these Standards apply_ What it means is that CRC and the PC have joint control over
these design aspects. First, CRC approves the design pursuant to a Project Agreement, and then, as
part of ADLS, the PC approves the design through application of the Specific Ordinance Standards or the
General City Zoning Standards.
CRC does have almost exclusive control over General Architectural Design, Accessory
Buildings, Landscaping Style & Species, ahd Sign Placement & Number. With respect to these design
aspects, CRC approves project plans, and the PC review is to be perfunctory in nature: the PC reviews
the approved plans to determine they comply with the CRC City Center Standards that CRC itself
adopted. If the project plans are consistent with the CRC City Center Standards, then the PC is bound to
approve the plans with respect to these design aspects. Approval can be withheld only if the project
plans fail to comply with the CRC City Center Standards. But, again, CRC has the authority to revise the
Standards as they apply to a particular project in the City Center. Accordingly, if the situation were to
arise where CRC intended to approve project plans that are inconsistent with the CRC City Center
Standards, the first step is to revise the Standards as they apply to that particular project and then, as the
second step, submit the project plans to the PC for a determination of compliance with the revised
Standards.
Control over the remaihingdesign aspects resides jointly with CRC and the PC. The PC
theoretically could approve project plans that CRC has rejected, but, under the Project Agreement, the
developer would be prohibited from building anything that CRC has not approved. On the other hand, the
PC does not have to approve project plans as they relate to the remaining design aspects, unless the
plans comply with the Specific Ordinance Standards or the General Citv Zoning Standards, as applicable.
However, the PC would have to approve project plans that do comply. In short, where the Specific
Ordinance Standards or the General Citv Zoning Standards apply, variances still will be required if the
project plans do not comply, even though the plans have been approved by CRC.
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E-MAIL MEMORANDUM
To:
Karl Haas and Jennifer Shoup
cc:
Tadd Miller, Gerry and David Kosene
From:
Marvin Mitchell
Date:
June 11, 2003
Karl, I did not fe-read the declaration of covenants but did look at the second amendment which
was the result of my reading on behal f of Bruce.
Weare going to have to have a third amendment.
A couple of points. First of all, there is a reference to eRC entering into a project agreement
with Kosene & Kosene Development Co., Inc. I'm not sure if you want to change that. I don't
have any strong thoughts either way.
As you did in paragraph 3 of the second amendment, we will also need the declared easements to
be limited.
On the Purchase Agreement in paragraph 15( c) at the end, you might want to say that Exhibit M
reflects what occurs for some defaults since we have not dealt with defaults for segments.
Jenny, on your exhibit master list, include an agreement that there will not be any drainage
charges as per the same arrangement we had with Bruce.
Comments
1. Tad, the approval of the final developer plan should apply to both Phases I and II. We
can always seek a change later on, but let's get them approved up front.
2. Karl, I took a few minutes to look for and did not find that there needs to be a site plan
with the segments shown. I take it that is true there should be such a plan. Confirm that
we need such a site plan (with copies to everyone on the Kosene side) and you might tell
me where that is so I can stop wasting time looking for it.
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3. Tadd, on the developer construction schedule, you can make proposals for completion
times to, I guess, Les and Karl. 1 'm not sure what they are looking for. Perhaps, a phone
call to them will be enlightening. Don't be too aggressive.
4. As I was driving by the site on Sunday I noticed two piles of dirt.
5. Karl, think this through with me. IfKosene takes down a segment and then does not start
construction within the required time, CRC can recapture that property pursuant to 17(e).
There will be a deduction from the price paid to Kosene by CRC being the larger of
$20,000 or a fraction ofthe $75,000. Thus, it mayor may not be advisable for the
Kosenes to buy portions in sc;gments depending on the number of segments. So, for
example, ifthere were only three, in theory there could be a few dollars in savings
maybe. I think I have concluded that I sbouldn't be worrying about it. However, there
does need to be a provision that the remedies in paragraph 17 are exclusive for the
defaults there described. Perhaps that needs to go in 15(b).
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Lillig, Laurence M
A
From: Karl P. Haas [kph@wshlaw.com] JU%ECfNED
Sent: Wednesday, June 11,20034:52 PM I - 11 20.13
Monroe, Mark .. DOCS .
Les Olds; Steve Engelking; Ron Carter; Rick Sharp; Morrissey, Phyllis 'G.; Mielke, Sherry S; L!llig,
Laurence M; John Koven; Ed Burke; Bob Battreal; Weese, Kate K .' .'."
Subject: Re: Carmel City Center re: Kosene
To:
Cc:
Mark:
First of all, give my regards to Paul. r haven't spoken with him in a number of months. I'm pleased that you are representing
Kosene.
CRC acquired the Kosene parcel as part of the Mueller tract -- the same tract that includes the AMLI parcel. r can find the
info you requested, but I bet you have it on some of your filings for AMLI and can get your hands on it quicker than I can,
Let me know, though, if YOll need me to find the info.
Les, would you please emaiI or fax to Mark a copy of the legal description?
KPH
----- Original Message -----
From: "Momoe, Mark" <mmonroe@.dre\vrysimmons.com>
To: <kph@wshlaw.com>
Sent: Wednesday, June 11,20034: 18 PM
Subject: Cannel City Center re: Kosene
Karl,
Paul Reis will be representing Kosene before the Carnlel BZA for a sign variance at the Carmel City Center. The Carmel
DOCS requires that we file a complete variance application that includes the instrument number of the deed, the approximate
purchase date (by the CRC) and a legal description. Can you provide this information to me by Friday morning?
Thank you,
Mark T. Momoe, AICP
Land Use Planner
DREWRY SIMMONS PITTS & VORNEHM, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis, fN 46240
Telephone: (317)580-4848
Telefax: (317)580-4855
email: .mmonroe(aldrewrvsimmons.com
This message is from the law frrm of DREWRY SIMMONS PITTS & VORNEHM, LLP. The message and any attachments
may be confrdential Of privileged and are intended only for the individual or entity identifred above as the addressee. If you
are not the addressee, or ifthis message has been addressed to you in en-or, you are not authorized to read, copy or distribute
this message or any attachments, and we ask that you please delete this message and any attachments and notify the sender by
return mail or by phone at 317-580-4848. Delivery of this message and any attachments to any perSOll other than the
intended recipient(s) is not intended in any way to waive confidentiality or a privilege. All personal messages express views
only of the sender, which are not to be attributed to Drewry Simmons Pitts & V ornehm, LLP and may not be copied or
distributed without this statement.
6/11/2003
~& ~ Corporate Headquarters U'
~ 280 E. 96th Street, Suite 200 .-
~ r.JJ~lndianapOIiS, Indiana 46240
C S 0 T 317.848.7800 F 317.574.0957
www.cso-arch.com
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TO: City of Carmel
One Civic Square
Carmel, Indiana 46032
DATE: June 5, 2003
PROJECT NO: 23055DS
~
. RECF/\lED
JUN 6 '~!)1
DOGS
RE: Kosene
ATTN: Lawrence Lillig
CONTACT PHONE: 571-2417
WE ARE SENDING YOU:
6/06/03
Construction plans for the Kosene site City Center Parcel 2A
THESE ARE TRANSMITTED:
D For approval
D For your use
D As requested
lZl For review and comment
D Reviewed as submitted
D As noted
D Revise and Resubmit
D Rejected
D Resubmit for approval
D Submit for distribution
D Return corrected prints
D Other:
REMARKS:
~ Lio /
CC: FILE
By: Bob Olson
D 1-HR Courier D 3-HR Courier D Fed-Ex 8:30 A.M. Delivery
D Fed-Ex Saturday Delivery D Fed-Ex 3:00 P.M. Delivery
D Fed-Ex 10:30 A.M Delivery
lZl Hand Deliver
D Fed-Ex Ground
IF ENCLOSURES ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE.
~.'
Document2
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Lillig, Laurence M
From: Jennifer Shoup [shoup-j@atLnet] ~
Sent: Thursday, June 05, 2003 1 :58 PMJ/}:rCFI/I[O
To: Marvin Mitchell; gak@HilliardKosene.com; ti@hilliardkosene.com V '1r.,r, ,
[) '" 'LI/J
Cc: Engelking, Steve C; Ron Carter; rsharp@indy.rr.com; Morrissey, PhylJis G; 'DeS .
SMielke@cLcarmel.in.us; LLillig@ci.carmel.in.us; John Koven; Ed Burke; Batt652@aol.com;
Weese, Kate K; Les Olds
Subject: Kosene-Master list of document exhibits
I have attached a master list of exhibits that will have to be compiled in connection with the CRClKosene transaction, both in
word and wordperfect.
Jenny Shoup
***
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IMPORTANT: Do not open attachments from unrecognized senders ***
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6/6/2003
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EXHIBIT MASTER LIST
vue\' :
DOCUMENT EXHIBIT} SCHEDULE RESPONSIB-tE RARTY}
STATUS OF EXHIBIT
Confirmation of ARC Exhibit A - Kosene Phase I eso I
Exhibit B - approved plan list eso
Project Agreement Exhibit A - Depiction of City WSH / use Exhibit B to Pedcor
Center Site Declaration Amendment
Exhibit B - List of eRC eso - may be the same as
Improvements plans and Exhibit D, as was the case for
specifications Pedcor
Exhibit C - CRC Improvements CSO
schedule
Exhibit D - Description of CRC CSO
Improvements
Exhibit E - Completion dates for Kosene
each phase
Exhibit F - Development WSH / use Pedcor Exhibit
Guidelines
Exhibit G - Renderings from Kosene
Development Proposal
Exhibit H-1 - Depiction and/or Kosene
description of Project Site,
including phase breakdown
Exhibit H-2 - Depiction of Kosene
Phase II Site Segments
Exhibit I - Site Plan Kosene
Exhibit J - Required Insurance Kosene
Policies
Exhibit K - Lender Protection Complete and attached
Provisions
Exhibit L - List of signs ORC will Kosene / WSH
assist Kosene in obtaining
Exhibit M - Remedies Grid WSH
Deed Exhibit A - Description of CSO
Kosene Phase I
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Exhibit B - Retained Easement Complete and attached
CSO
Schedule I to Exhibit B -
description of Remaining
Project Site jKosene Phase II) Hamilton Title
Exhibit C - Schedule B to title
mark-up
Vendor's Affidavit Exhibit A - Kosene Phose I CSO
Confirmation of Reps and None Complete
Warranties
IRPTL Exhibit A - Kosene Phose I CSO
NFA Exhibit A - Kosene Phase I CSO
Confirmation by CRC of Final Exhibit A - Kasene Phase I CSO
Developer Plans
Exhibit B - Approved Plan List CSO
Easement-Site Work, Utilities, Exhibit A - Kosene Phase I CSO
and Staging CSO
Exhibit B - Description of
Kosene Phase II
Exhibit C - Site Work CSO
Exhibit D - Required Insurance Same as Project Agreement
AMLl Grading and Landscaping Agreement still to be drafted by WSH (draft)
Easement WSH. Will need at least a CSO (description/depiction
description/depiction of exhibits)
Easement Area
Third Amendment to Agreement still to be drafted WSH (draft)
Declaration by WSH. Will need at least a CSO (depiction exhibits)
depiction of where the
Declaration easements on
Kosene Phose I are to be
limited
-LJ'. .
LilHg, Laurence M
"i' -
From:
Sent:
To:
Cc:
Subject:
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'ft:. .....
Karl P. Haas [kph@wshlaw.com] .J/I,;fI C;il1:!J .
Thursday, June 05, 2003 6:51 PM . (J )1... '
Steve Engelking; Ron Carter; Rick Sharp; Morrissey, Phyllis G; Mielke'?L$Iil(E?rry~s~ Lillig,
Laurence M; John Koven; Ed Burke; Bob Battreal; Weese, Kate K . Vu
Jennifer R Shoup
Fw: Revised Kosene Project Agreement and Remedies Grid
~
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Untitled Attachment PROJECT PROJECT Remedies Grid.wpd Remedies Grid.doc
EMENTFOR KOSENfEMENTFOR KOSENf
Glacier
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Lillig, Laurence M
. J(tr, ~
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Attached is the revised Projec.t'Agreement thCiH just sent to Marvin Mitchell. These should be the final
revisions, and they're fairly minbr<.~; i rr- ~.\
Also attached is a Remedies Grid that is an exhibit to the Project Agreement and should help you
"decode"what happens if Kosene defaults under various scenarios. Basically, though, if Kosene
defaults, we can make them complete any buildings that are out of the ground and recapture any other
land by paying a discounted price (i.e., buying it back for less than we sold, with the difference covering
our damages). This is very similar to the arrangement with Pedcor.
KPH
----- Original Message -----
From :!5.f\lLE,.li.9Q$
T 0 :MCll}'inMiJgb~Jl
Sent: Thursday, June 05, 2003 6:46 PM
Subject: Revised Kosene Project Agreement and Remedies Grid
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6/6/2003
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Z:\DOCL1I11ents\Shullp, Jerll1y'Cil)' ufCannel\OrIice anrJ R~mil R~rJevejoprnent-inciudjng cortler parceL\Kosene\Projcct Agrccmcnt\Projc.c' Agrc,crt1Cnt f~r Kosene.v8.wpd & Z;\DocUlneI1ts\Shoup.
JellLly\City ofCarm~I\Office .and Retail'Redevelopment-includlng comer parcel\KoseneWrQjecJ: Agreeme~t\Project AgreemerrrfDrXosen.e,v:,wpd
PROJECT AGREEMENT
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This Project Agreement (the "Agreement"), by and betwe,en The City of Carmel
Redevelopment Commission ("CRC") and < >Ki1seitejn\f~str:r-HmlULC (the
"Developer"), executed this _ day of , 2003, WITNESSES:
Recitals
WHEREAS, CRC owns the Project Site, and intends for the Project Site to be
incorporated into the City Center as the real estate upon which the Project will be constructed;
WHEREAS, CRC intends to convey the Project Site to a developer that will construct the
Project on the Project Site;
WHEREAS, eRe is required to comply with the Statute andconduct a public offering
prior to conveying the Project Site;
WHEREAS, in compliance with the Statute: (a) CRC prepared the Notice of Sale; and (b)
published the Notice of Sale twice;
WHEREAS, eRe did not receive any satisfactory bids with respect to the conveyance
and redevelopment of the Project Site;
WHEREAS, because CRG did not receive any satisfactory bids with respect to the
conveyance and redevelopment of the Project Site, eRC has the right to enter into private negotiations
for the conveyance and redevelopment of the Project Site; provided that, eRC may not convey the
Project Site for an amount less than that set forth in the Notice of Sale for a period of at least 30 days;
WHEREAS, CRG, in compliance with the Statute, has entered into private negotiations
with Developer;
WHEREAS, the 30 day period set forth in the Statute has elapsed;
WHEREAS, Developer has submitted the Development Proposal to CRe, and CRC has
determined that the conveyance of the Project Site to Developer, and the development of the Project on
the Project Site by Developer, will further the creation of the City Center and best serve the interest of the
community, from the standpoint of both human and economic welfare; and
WHEREAS, Developer desires to: (a) acquire the Project Site from CRC; and (b)
construct the Project upon the Project Site, as generally shown on the Site Plan;
Aqreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, CRG and Developer agree as follows:
1. Defined Terms.
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Jenny\City ofCannel\Otlke and Retail Rcclt::velopmcnt-including comer parcel\Koscne\Project Agreement\Project Agrr;emc:I'lt for Koscne,v9.wpd
Architectural Review Committee shall have the meaning set forth in the City Center Declaration,
ChanQe Order shall mean a change order executed by CRC and Developer finalizing the inclusion into
the Final Developer Plans of a change proposed in a Change Order Request by Developer that is
approved by CRC; provided that, in. the case of a Permitted Change, such change order shall be effective
if executed only by Developer.
ChanQe Order Request shall mean a written request for a change to the Final Developer Plans.
City Center shall mean a redevelopment project on the City Center Site that is intended to provide a
balanced mixture of residential facilities, retail facilities, dining options, a corporate office campus, and
public amenities.
City Center Declaration shall mean that certain Declaration of Covenants and Easements with respect to
the City Center Site recorded as Instrument No. 2000000058577 in the Office of the Hamilton County
Recorder, as modified by that certain: (a) Confirmation (Kestner Site is part of the "Retail Parcel")
recorded in the Office of the Hamilton County Recorder as Instrument Number ; (b)
Amendment to Declaration of Covenants and Easements recorded in the Office of the Hamilton County
Recorder as Instrument Number ; and (c) Second Amendment to Declaration of
Covenants and Easements recorded in the Office of the Hamilton County Recorder as Instrument
Number
City Center Site shall mean that certain real estate depicted on Exhibit A.
ClosinQ shall mean the Phase I Closing or the Phase II Closing, as the case may be.
Closinq Date shall mean the date df the Phase I Closing or the Phase II Closing, as the case may be.
Compensatory Damaqes shall mean the amount: (a) payable by Developer to CRC under Subsection
15(c); or (b) of the reduction under Subsection 16(a) or Subsection 17(d); with respect to a failure by
Developer to close on the Phase I Site, or to cause Construction Commencement to occur with respect to
the Phase I Project or the Phase II Project (if Developer closes on the Phase II Site), which amount shall
be: (a) $50,000.00 with respect to the failure of Developer to: (i) dose on the Phase I Site; or (ii) cause
Construction Commencement to occur with respect to the Phase I Project; and (b) $75,000.00 with
respect to the failure by Developer to cause Construction Commencement to occur with respect to the
Phase II Project (if Developer closes on the Phase II Site).
Completed Unit shall mean a Residential Unit that is completed or substantially completed, except for
interior finishes (Le., painting, floor covering, tiles, and/or cabinetry).
Completed Unit Inspection shall mean an inspection by CRC and/or the Inspecting Architect of a
Completed Unit other than an inspection of interior finishes (i.e., painting, floor covering, tiles, and/or
cabinetry).
Construction Commencement shall mean that the footers and the foundations with respect to the Phase I
Initial Building or any Phase II Residential Building (or, jf Developer has closed on a Phase II Site
Segment, the Phase II Residential Building to be constructed on such Phase II Site Segment), as the
case may be, have been completed.
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Jenny\Ci1-Y of Carmd\Office and Recail Redevelopment-including C(Jrncr pa.roCc1\Kose-ne\Projcct Agreement\Project Agreeme-t'Jt for Kosene.v9, wpd
Construction Trade shall mean any trade or other discrete aspect of construction of the Phase I Project or
the Phase II Project, as the case may be.
Contiquous Seqment shall m~an a Phase II Site Segments that: (a) is contiguous to either: (i) the Phase I
Site; or (ii) another Phase II Site Segment on or with respect to which Developer either has: (A)
completed all of the Phase II Residential Buildings to be constructed on that Phase II" Site Segment; or (B)
executed contracts for the sale of 75% of the Residential Units to be constructed on that Phase II Site
Segment; in either case as contemplated by the Final Developer Plans for the Phase II Project; and (b)
does not leave any Remaining Segment either: (i) surrounded on two or more sides by Purchased
Segments; or (ii) in the reasonable judgment of CRC, without adequate access, utilities, or drainage.
CRC Construction Plans shall mean the plans and specifications for construction of the CRC
Improvements, as listed on Exhibit B.
CRC Construction Schedule shall mean the schedule for construction of the CRC Improvements, as set
forth on Exhibit C.
CRG Improvements shall mean the improvements or work described in Exhibit D.
CSO shall mean CSO Architects and Interiors.
Cure Period shall mean a period of 30 days after a party failing to perform or observe any term or
. condition of this Agreement to be performed or observed by it receives notice specifying the nature of the
failure; provided that, jf the failure is of such a nature that it cannot be remedied within 30 days, despite
reasonably diligent efforts, then the 30 day period shall be extended as reasonably may be necessary for
the defaulting party to remedy the failure, so long as the defaulting party: (a) commences to remedy the
failure within the 30 day period; and (b) diligently pursues such remedy to completion.
Desiqn Development Documents shall mean detailed design development documents that describe and
establish systems, equipment, and exterior finishes for the Phase I Project or the Phase II Project, as the
case may be, which documents shall be consistent with the Site Plan, the Development Guidelines, the
Development Proposal, and the Laws. The Design Development Documents do not need to describe or
establish any: (a) interior finishes (Le., painting, floor covering, tiles, and/or cabinetry); or (b) room sizes or
systems within a Residential Unit.
Developer COhstruction Drawinqs shall mean construction drawings with respect to the construction of
the Phase I Project or the Phase II Project, as the case may be, in accordance with the Design .
Development Documents, which drawings shall: (a) be consistent with the Design Development
Documents and the Developer Construction Schedule approved by eRG; and (b) reflect that Developer
shall erect construction fencing and/or barricades along the south side of the pond that is adjacent to the
Project Site on the north.
Developer Construction Schedule shall mean a detailed schedule for construction of the Phase I Project
or the Phase II Project, as the case may be, in accordance with the Final Developer Plans, which
schedule: (a) far the Phase I Proj(:lct shall reflect that: (i) Construction Commencement shall have
occurred with respect to the Phase I Project an or before the date that is six months after the Closing
Date for the Phase I Closing; and (ii) Developer shall complete construction of the Phase I Project on or
before the date set forth on Exhibit E; and (b) for the Phase II Project shall reflect that: (i) Construction
Commencement shall have occurred with respect to the Phase II Project on or before the date that is six
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Jenll)'\City ofCannel\Office and RetUII Redevelopment-ll1c1udiog comer parcel\KosenelProject Agreement\Project Agreement for Ko.scnc.v9.wpd
months after the Closing Date for the Phase II Closing (or, if ~such schedule~"f{tf-Gon8truction>
reflects closing on Phase II Site Segments, that Construction Commencement shall have occurred with
respecttotne Phase II Residential Building to be constructed on a particular Phase II Site Segment on or
before the date that is six months after the Closing Date for such Phase II Site Segment); and (ii)
Developer shall complete construction of the Phase II Project on or before the date set forth on Exhibit E.
Development Guidelines shall mean those guidelines for development of the Project Site set forth on
Exhibit F.
Development Proposal shall mean that certain proposal, an'd all related materials, submitted by
Developer to CRC, including, without limitation, the elevation renderings and descriptions attached hereto
as Exhibit G.
Due Diliqence Period shali mean the period commencing on the Execution Date and expiring on July 31,
2003.
Earnest Monev shall mean the amount of $5,000.00, which shall be deposited by Developer
contemporaneously with the execution of this Agreement.
Environmental Assessment shall mean: (a) the existing Phase One Environmental Assessment of the
Project Site performed by ; and (b) the reports with respect to any tests,
inspections, examinations, studies, or investigations of the Project Site supplementary to such Phase One
Environmental Assessment.
Event of Default shall have the meaning set forth in Subsection 15(a).
Execution Date shall mean the date on which this Agreement is executed.
Final. Documents and Drawinqsshall mean, with respect to the Phase I Project or the Phase II Project, as
the case may be, final schematic design drawings, final design development documents, the final
construction schedule, and final construction drawings, as each is: (a) finalized and approved or
reviewed by CRC; and/or (b) modified by Change Orders; pursuant to Section 11.
Final Developer Plans shall mean, with respect to the Phase I Project or the Phase II Project, as the case
may be, the aggregated Final Documents and Drawings.
Final I nspection shall mean an inspection of the Phase I Project or the Phase II Project, as the case may
be, after substantial completion thereof, to confirm that the Phase I Project or the Phase II Project, as the
case may be (excluding interior finishes (i.e., painting, floor covering, tiles, and/or cabinetry)), has been
substantially completed in accordance with the Final Developer Plans.
Flats shall mean Residential Units in the Residential Buildings that are "flats", each of which shall be
marketed as owner-occupied; provided that, the requirement of Developer to market the Flats as owner-
occupied units shall hot preclude Developer from selling the Flats to purchasers who do not intend to
occupy the Flats.
InspectinQ Architect shall mean CSO.
Inspection Period shall mean the period specified in an Inspection Request within which CRC and/or the
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JennylCity ofCarmel\Offiee and Retail Redevelopment-including corner pal'eel\Kosene\Project Agrccl11entlPl'cject Agreemc:nt far Kasene.v9.wpd
Inspecting Architect shall: (a)conduct either a Sample Work Inspection or a Completed Unit Inspection,
as identified in the Inspection Request; and (b) deliver to Developer a Non-Compliance Notice, if
applicable; provided that such period shall be at least five business days after CRC and the Inspecting
Architect receive the Inspection Request.
Inspection Request shall mean a written request from Developer for a Sample Work Inspection or a
Completed Unit Inspection, which request shall identify the Sample Work Installation or the Completed
Unit to be inspected by CRC and/or the Inspecting Architect.
IRPTL shall mean the Indiana Responsible Property Transfer Law, as amended.
Latent Defect shall mean those material defects in the construction of the Project (including, without
limitation, in any Sample Work Installation or any Completed Unit) that: (a) are not discovered; and (b)
reasonably are not discoverable; by CRC or the Inspecting Architect during an inspection.
Laws shall mean all applicable laws, statutes, and/or ordinances, and any applicable governmental
rules, regulations, guidelines, orders, and/or decrees.
Material Defect shall mean alJY item or component of the Project (including, without limitation, any item or
component of a Sample Work Installation or a Completed Unit), that: (a) contains a material defect in
workmanship or materials; (b) deviates materially from the Final Developer Plans; or (c) has not been
performed materially in accbrdance with the terms and conditions of this Agreement; provided that: (a)
with respect to a Completed Unit, no item or component constructed or installed in accordance with: (i) a
Sample Work Installati.on that has been accepted, or deemed to be accepted, by CRC; and (ii) the Laws;
shall constitute a Material Defect; and (b) with respect to a Monthly Inspection, a Permitted Inspection, or
the Final Inspection, no item or component constructed or installed in accordance with: (i) either: (A) a
Sample Work Installation that has been accepted, or deemed to be accepted, by CRC; or (B) a
Completed Unit that has been accepted, or deemed to be accepted, by CRC; and (ii) the Laws; shall
constitute a Material Defect.
Monthly Inspection shall meah an inspection conducted by the Inspecting Architect each month during
construction of the Project.
Non-Compliance Notice shall mean a written notice from CRC that identifies Material Defects discovered
by CRC or the Inspecting Architect during a Sample Work Inspection, a Completed Unit Inspection, a
Monthly Inspection, a Final Inspection, or a Permitted Inspection.
Notice of Sale shall mean that certain Notice of Sale of Real Estate For Private Redevelopment of Parcel
NO.2 In the Carmel City Center.
Pedcor shall mean Pedcor Investments, LLC.
Pedcor Entities shall mean Pedcor and its affiliates, agents, contractors, and employees.
Pedcor Phase I Closinq shall mean the closing with respect to the first phase of the real estate to be
acquired by Pedcor pursuant to that certain Project Agreement executed by and between CRC and
Pedcor, dated , 2002.
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Jen!ly\City ofCarmel\Offic;e and Retail Redevelopment-including cumer parce1\Kosene\Pruject Agr~ement\Project Agreement for Kosenev9,wpd
Permitted Chanqe shall mean any change to that portion of the Final Developer Plans consisting of the
final Developer Construction Drawings, so long as such change: (a) does not deviate materially from the
Schematic Design Drawings or the Design Development Documents approved by CRC; (b) is in
conformity with each of the Site Plah, the Development Guidelines, the Development Proposal, and the
Laws; (c) does not result in the Final Developer Plans containing structurally flawed elements; and (d)
does not make it unlikely, impracticable, or impossible for Developer to complete the Project, or any
component thereof, by the date set forth in the Developer Construction Schedule approved by CRC.
Permitted Exceptions shall mean the City Center Declaration and any other exceptions to title reflected in
the Title Commitment: (a) that are not Title Defects; or (b) to which: (i) Developer does not object within
15 days after receipt by Developer of both the Title Commitment and the Survey (except the lien of any
mortgage or other security instruments to be released at or before the Closing); or (ii) Developer agrees
in writing to acceptbr is deemed to have waived pursuant to the terms and conditions of this Agreement,
regardless of whether Developer initially objected to such exceptions.
Permitted Inspection shall mean an optional inspection by the Inspecting Architect and/or any CRC
member of any item or component of the Project when reasonably deemed to be necessary or
appropriate by CRC and/or the Inspecting Architect.
Phase I ClosinQ shall mean the closing with respect to the conveyance of the Phase I Site to Developer.
Phase I Initial Buildihq shall mean the Phase I Residential Building that: (a) consists of at least 20 Flats;
and (b) has four stories, one of which will be a level of partially underground parking serving that Phase I
Residential Building; all as depicted on the Site Plan.
Phase I Proiect shall mean the Phase I Residential Buildings and related improvements (including,
without limitation, adequate irrigation systems for any landscaping and greenspace) to be constructed on
the Phase I Site in accordance with the Final Developer Plans.
Phase I Residential Buildinqs shC)1I mean first class single and/or multi family residential buildings that: (a)
are to be built in accordance with a coordinated development scheme and planJli!im!-tileJHt~ Plan and
the elevations; (b) consist of a total of approximately _ Residential Buildings; and (c) have at least
three stories, one of which In each residential building containing six or more Residential Units will be a
level of partially underground parking serving that residential building; all as depicted on the Site Plan.
Phase I Site shall mean that portion of the Project site that is depicted on Exhibit H.
Phase II Closinq shall mean the closing with respect to the conveyance of the Phase II Site to Developer.
<Phase-ll-Gmffitef~af:t~R-all mean -tRe.--l2Mse-l-l--Residentfal--BLtikiffig-ttlat-i&-&GHtem.p.late€l-to;-fa1
GORsist-ef-at-least _ Flat&-andB-total-ef-at~t _ ResiGeHtiaJ....ld+Ht&i-ftH have fOUfskifies,-oAe-4
wftiGR-wiUbe-a-ievel of unoor:ground p3f-kin@-sepAAg-tf1.at-P--I-1asejHesideRtia~ffiRg; 3nd (s) stanEl-as
the-wI:lRtef-part btlflffiAg-in the PI:l&se41PrejeGt-to-salanGe-#to Ph:Jse I Resk:leftHal-Elu-ikliAgiR-tI::l(H~-l'=tase-J.
Proj.eGt;-a+I:.as-Ge~k>tedon-th&sj:te-PJan-,
:;:'Phase II Proiect shall mean the Phase II Residential Buildings and related improvements (including,
without limitation, adequate iiTigation systems for any landscaping and greenspace) to be constructed on
the Phase I Site in accordance with the Final Developer Plans.
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Jenny\City fl-f Carmel\.O ffice. atld Retail RedeveJopmeni-indudlng comer parcel\Kosene\Projecl Agreement\Projcct Agrecmcn~ for Koscnc.v9.wpd
Phase II Residential Buildinqs shall mean first class single and/or multi family residential buildings that:
(a) are to be built in accordance with a coordinated development scheme and plan, being the Site Plan
and the elevations; (b) consist of a total of approximately _ Residential Buildings; and (c) have at
least three stories, one of which in each residential building containing six or more Residential Units will
be a level of partially underground parking serving that residential building.
Phase II Site shall mean that portion of the Project Site that is depicted on Exhibit H~1.
Phase II Site Seqments shall mean the segments of the Phase II Site depicted on Exhibit H-2.
Plan Refinement Process shall mean the process set forth in Section 11 for refining the Final Developer
Plans.
Plan Review Panel shall mean a plan review panel comprised of Les Olds of CSO, together with two
designated members of CRC; provided that, if Les Olds is unavailable or unable to serve on such panel,
then a qualified replacement shall serve in his place.
Proiect shall mean the Phase I Project and the Phase II Project.
Proiect Site shall mean that certain real estate depicted and/or described on Exhibit H. The Project SIte
is comprised of the Phase I Site and the Phase II Site.
Purchase Price shall mean: (a) with respect to the Phase I Site, $550,000.00; and (b) with respect to the
Phase II Site, $450,000.00.
Purchased SeQments mean Phase II Site Segments acquired by Developer in accordance with the terms
and conditions of Section 17.
Remaininq Seqments mean Phase II Site Segments not yet acquired by Developer in accordance with
the terms and conditions of Section 17.
Required PermIts shall mean all permits, licenses, approvals, and consents required by the Laws for
construction and use of the Phase I Project or the Phase II Project, as the case may be (including, without
limitation, completion of the process, and compliance with the requirements, set forth in the City of Carmel
C-1 Zoning Ordinance).
Required Use shall mean the construction and use of the Project.
Residential BuildinQs shall mean the Phase I Residential Buildings and the Phase II Residential Buildings.
Residential Units shall mean atleast 130 "townhouses", "rowhouses", "flats", or other residential units
located in the Residential. Buildings, each of which shall be marketed as owner-occupied; provided that,
the req uirement of Developer to market such units as owner-occupied shall not preclude Developer from
selling the units to purchasers who do not intend to occupy them.
Riqht of Entrv shall mean a right of entry with respect to the Project Site that grants to Developer the right
benter upon the Project Site to perform such tests, inspections, examinations, studies, and
investigations as it reasonably deems to be necessary or appropriate.
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Je:lluy\City ofCarmei\OffiGe and Retail Redevelo~lment-indllding C(1nll~r parc.el\Kosene\Project AgreementWtuject Agreement for Ko~elle. ."g.wpd
Sample Work Inspection shall mean an inspection of a Sample Work Installation
Sample Work Installation shall mean a representative sample or typical example of a certain specified
portion of a Residential Unit.
Schematic Desiqn DrawinQs shall mean detailed schematic design drawings for the Phase I Project or the
Phase II Project, as the case may be, which drawings shall be consistent with the Site Plan, the
Development Guidelines, the Development Proposal, and the Laws.
Site shall mean the Phase I Site or the Phase II Site, as the case may be.
Site Plan shall mean the ~l-teffiatlvB->site plan.<&>- attached hereto as Exhibit I.
. Skeleton shall mean the structure of the exterior and load-bearing interior walls of a Residential Building.
Statute shall mean IND. CODE ~36-7-14-22.
Survey shall mean an AL TA survey of the Project Site prepared by a surveyor reasonably satisfactory to
Developer, which survey shall be. certified to Developer and its lender.
Title Commitment shall mean a commitment for a current form AL TA owner's policy of title insurance with
respect to the Project Site that: (a) is issued by the Title Insurer; (b) commits to insure marketable, .
indefeasible fee simple title to the ProjectSite in the name of Developer; and (c) commits to insure the
easements and rights of Developer under the City Center Declaration.
Title Defects shall mean conditions or defects disclosed in the Title Commitment, or by the Survey
(including, without limitation, overlaps, gaps, gores, wetlands, flood areas, or encroachments), that, in
Developer's good faith jUdgment, materially and adversely interfere with, or have a material and adverse
effect on, the development of the Project on the Project Site or the use of the Project Site for the
Required Use; provided that, neither: (a) the lien of any mortgage or other security instruments to be
released at or before the Closing; nor (b) conditions or defects accepted, or deemed to be accepted, by
Developer pursuant to the terms and conditions of Section 7; shall be Title Defects.
Title Insurer shall mean Hamilton Title Security, LLC.
2. Obligations of Parties. CRe shall: (a) convey to Developer fee simple title to each of the Phase
I Site and the Phase II Site, in each case: (i) in the condition that such Sites are in on the date hereof,
except to the extent that eRC has performed the CRC Improvements; and (ii) for the applicable Purchase
Price; and (b) construct (or cause construction of) the CRC Improvements; in each case subject to the
terms and conditions of this Agreement. Developer shall: (a) purchase the Phase I Site and the Phase II
Site, in each case for the applicable Purchase Price; and (b) construct the Project; in each case subject to
the terms and conditions ofthis Agreement. eRe shall assist Developer in its efforts to obtain the
Required Permits; provided that CRC shall not be required to incur any costs or expenses in connection
with such assistance.
3. Earnest Money, The Earnest Money shall be applied to the Purchase Price for the Phase II Site,
or refunded to Developer, in accordance with the terms and conditions of this Agreement.
4. Closings. Subject to the terms and conditions of this Agreement: (a) the Phase I Closing shall
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Jcnny\Cit)' ofCarmc:I\Offic<: and Retail Redeve1apment-including corner parcel\Koscm::\Project Agrcem:nt\Project Agreement for Kosene.v9.wpd
occur on (or before, at Developer's election) July 31,2003; and (b) the Phase II Closing shall occur on (or
before, at Developer's election) July 31, 2005; provided that, in each case: (a) Developer shall: (i) select
the Closing Date; and (ii) provide to CRC written notice of such selection at least five business days in
advance of the selected Closing Date; and (b) the Closing Date selected by Developer shall be subject to
the reasonable approval of CRC. Each of the Phase I Closing and the Phase II Closing shall take place
atthe office of the Title Insurer, or at such other place as CRC and Developer mutually agree. At each of
the Phase I Closing and the Phase II Closing, Developer shall pay the applicable Purchase Price to CRC
by wire transfer or other immediately available funds, reduced by any reductions, credits, or prorations for
which this Agreement provides; provided that, at the Phase I Closing, the payment due by Developer
shall be reduced by the Earnest Money.
5. Closing Documents. At each of the Phase I Closing and the Phase II Closing, CRC shall
execute and deliver the following documents; provided that: (a) CRC shall not be obligated to execute the
document set forth in Subsection 5(g), which document shall be the obligation of Developer to execute
and deliver; and (b) Developer also shall execute and deliver the documents set forth in Subsections 5(i),
5(k), 5(1), and 5(m):
(a) a fully executed limited warranty deed conveying to Developer marketable,
indefeasible fee simple title to the Phase I Site or the Phase II Site, as the case may be,
free and clear of any and all liens, encumbrances, easements, restrictions, covenants,
and other title defects, except the Permitted Exceptions;
(b) a vendor's affidavit in form and substance required for the Title Insurer to delete
the standard "pre-printed" exceptions;
(c) an affidavit that eRC is not a "foreign person", in form and substance required by
the Internal Revenue Code of 1986, as amended, and the rules and regulations
promulgated thereunder;
(d) an affidavit that, to the best of CRC's knowledge, the Phase I Site or the Phase II
Site, as the case may be, is not "property" under IRPTL;
(e) at the Phase I Closing, a fully executed confirmation by CRC of the
representations and warranties set forth in Subsection 10(a);
(f) at the Phase II Closing, a fully executed confirmation by CRC of the
representations and warranties set forth in Subsection 10{a), to the extent that such
representations and warranties apply to the Phase II Site;
(g) a fully executed confirmation by Developer of the representations and warranties
set forth in Subsection 1 O(b);
(h) at each of the Phase I Closing and the Phase II Closing, a confirmation that
Developer has obtained all approvals required to be obtained pursuant to the City Center
DeClaration from the Architectural Review Committee, which confirmation shall be
executed by a majority of the members of the Architectural Review Committee;
(i) at each of the Phase I Closing and the Phase II Closing, an amendment to the
City Center Declaration limiting the locations of the easements granted thereunder to
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specified portions of the Phase I Site or the Phase II Site, as the case may be;
U) at each of the Phase I Closing and the Phase II Closing, a confirmation of any
Schematic Design Drawings, Design Development Documents, Construction Schedule,
and/or Construction Drawings that have been finalized and approved or reviewed by
CRC pursuant to Section 11 ;
(k) at the Phase I Closing, a site work, utility, and access easement over the Phase
II Site, in form reasonably satisfactory to Developer, pursuant to which CRC shall grant to
Developer: (i) temporary easements for site work on the Phase II Site (including, without
limitation, grading, installation of utility facilities, and construction of an access road in the
locations shown on the Site Plan); and (ii) permanent easements for use of the utility
facilities and access road; provided that, such easement agreement shall provide that
Developer shall coordinate its site work with construction of the CRC Improvements;
(I) at the Phase I Closing, an instrument, in form reasonably satisfactory to
Developer, pursuant to which CRC reserves easements over the Phase I Site, for the
sole benefit of the Phase II Site, for the sole purposes of: (i) use of the access road to be
constructed by Developer (which right of use shall include ingress and egress only, and
shall not include any parking rights); (ii) use of utility facilities; and (Iii) drainage; in each
case in the locations shown on the Site Plan;
(m) at the Phase II Closing, an easement, in form reasonably satisfactory to
Developer, pursuant to which CRC shall grant to Developer a temporary easement over
certain property owned by CRG and located to the east and/or south of the Phase II Site.,
as reasonably agreed upon by CRC and Developer prior to the Phase II Closing, for
construction staging purposes; provided that, CRG shall not be obligated to grant such an
easement to the extent that: (i) CRC has entered into an agreement for the sale or lease
of such property; (ii) granting such an easement would limit, conflict with, or constitute a
breach of any agreement to which CRC is a party; or (iii) stag.ing activities by Developer
on such property would conflict with any activities being conducted on such property;
(n) copies of such resolutions, consents, authorizations, and other evidence as CRC
or Developer, as the case may be, or the Title Insurer reasonably may request to
establish that: (i) the persons executing and delivering the foregoing documents fully are
empowered, and duly are authorized, by all necessary action of eRC or Developer, as
the case may be; and (ii) the: (A) execution and delivery of such documents, the
conveyance of the Phase I Site or the Phase II Site, as the case may be, to Developer;
(8) acquisition of the Phase I Site or the Phase II Site, as the case may be, by Developer;
and (c) performance by CRC or Developer, as the case may be, of its obligations
hereunder and under the foregoing documents; duly have been authorized by CRC or
Developer, as the case may be; and
(0) such other customary documents and instruments as CRC or Developer, as the
case may be, or the Title Insurer reasonably may request in connection with the Closing.
6. Title Policies. At the Phase J Closing, CRC, at its cost and expense, shall deliver to Developer a
current form AL T A owner's policy of title insurance with respect to the Phase I Site, which policy shall: (a)
be issued by the Title Insurer, as agent for Lawyers Title Insurance Corporation, Commonwealth Land
Title Insurance Company, or Stewart Title Services; (b) conform with the Ti.t1e Commitment; provided that
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JenIl.y'City ofCarmel\orfice ~nd .Retuil Redevelopment~inclllding corner parcel\Kosene\P.-oject Agreement\Project Agreement for Kosene,v9-.wpd
all exceptions other than the Permitted Exceptions shall have been deleted; and (c) have a face value
equal to the applicable Purchase Price. At the Phase II Closing, CRC, at its expense, shall deliver to
Developer an endorsement to the owner's policy, which endorsement shall: (a) have an effective date of
the date of the Phase II Closing; (b) insure title to the Phase II Site in the name of Developer; and (c)
increase the face amount of such policy by the applicable Purchase Price. Developer shall pay for: (a)
any lender's policy of title insurance that it determines to be necessary or appropriate; and (b) all
endorsements requested by Developer (including, without limitation, any contiguity endorsements
obtained by Developer in connection with the Phase II Closing), other than the endorsements required to
be delivered by CRC at the Phase II Closing pursuant to this Subsection.
7. Developer Conditions to Phase I Closing. The obligations of Developer with respect to
proceeding with the Phase I Closing shall be subject to the satisfaction or waiver in writing, within the Due
Diligence Period or such other period as is specified by the terms and conditions of this Section, of the
following:
(a) Provision of Commitment. Within 15 days after the Execution Date, CRC, at its
cost and expense, shall ~ave provided the Title Commitment to Developer.
(b) Provision of Survey. Within 30 days after the Execution Date, CRG, at its cost
and expense, shall have provided the Survey to Developer.
(c) Title Defects. Developer shall have determined that neither the Title
Commitment nor the Survey reflect any Title Defects, other than those Title Defects that
CRG commits to cure or remove at or before the Closing.
(d) Riqht of Entry. Within five days after the Execution Date, CRC shall have
provided the Right of Entry to Developer.
(e) Provision of Environmental Assessment. Within five days after the Execution
Date, CRC shall have provided the Environmental Assessment to Developer. During the
Due Diligence Period, Developer, at its cost and expense, may obtain any environmental
testing or assessments in addition to the Environmental Assessment that it deems to be
necessary or appropriate.
(f) Environmental Condition. Developer shall have determined, from its review of
the Environmental Assessment and the results of any additional environmental testing or
assessments obtained by Developer, that: (i) there is no contamination or pollution of the
Project Site or any groundwater thereunder by any hazardous waste, material,or
substance in violation of any Laws; (ii) there are no underground storage tanks located
on the Project Site; and (iii) there are no wetlands on the Project Site.
(g) Physical Condition. Developer shall have determined that no test, inspection,
examination, study, or investigation of the Project Site establishes that the Project Site is
unsuitable for the Required Use.
(h) Required Permits. As of the Closing Date for the Phase I Closing, Developer
shall have: (i) obtained; or (ii) determined that it shall be able to obtain; all Required
Permits.
(i) Utility Availabilitv. Developer shall have 'determined that gas, electricity,
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Jenny\City ofCrumel\Office and Retail Redevelopment-including comer pl:I:Tcel\KoseneWrujecr Agreement\Projeci Agreement for Kosene,v9.v.'pd
telephone, water, storm and sanitary sewer, and other utility services in adjoining public
rights-of-way or properly granted and recorded utility easements are serving or will serve
the Project Site at adequate pressures, and in sufficient quantities and volumes, for the
Required Use.
0) No CRC Breach. As of the Closing Date for the Phase I Closing: (i) there shall
be no breach of this Agreement by CRG that CRG has failed to cure within the Cure
Period; and (ii) all of the representations and warranties set forth in Subsection 10(a)
shall be true and accurate in all respects.
(k) No Adverse Chanae. As of the Closing Date, there shall not have not been any
change in the state of title or the environmental condition of any portion of the Project Site
that: (i) occurred after the'expiration of the Due Diligence Period; (ii) is caused by a
person or entity other than: (A) Developer; (B) any affiliate, agent, contractor, or
employee of Developer; or (c) the Pedcor Entities; and (iii) results in a reasonable
determination by'Developer that the condition set forth in Subsection 7(c) or 7(f) no
longer is satisfied.
If one or more of the conditions set forth in this Section is not, or cannot be, timely and completely
satisfied, then, as its sole and exclusive remedy, Developer either may elect to: (i) waive in writing
satisfaction of the cbnditions and to proceed to the Phase I Closing; or (Ii) terminate this Agreement by a
written notice to CRC, in which case all Earnest Money shall tle refunded to Developer immediately;
provided that, with respect to breaches of this Agreement by CRC, Developer shall have the rights and
remedies set forth in Section 15. If: (i) one of the conditions set forth in this Section is not, or cannot be,
timely and completely satisfied; and (ii) Developer fails to terminate this Agreement as permitted in this
Section within the Due Diligence Period, or within such other period as is specified for satisfaction of such
condition; then such unsatisfied condition automatically shall be deemed to be waived by Developer.
Notwithstanding anything to the contrary set forth herein, Developer shall wbrkin good faith to satisfy the
conditions set forth in this Section; provided that, Developer shall not be obligated to work in good faith to
cause the satisfaction of the conditions set forth in Subsections 7(a), '7(b), 7(c), 7(d), 7(e), 7(k), and 7(1),
all of which conditions shal) be the obligation of CRC to work in good faith to satisfy.
8. CRC Conditions to Phase I Closing. The obligations of CRC with respect to proceeding with
the Phase I Closing shall be subject to satisfaction, or waiver in writing, of the following as of the Closing
Date: (a) there shall be no breach of this Agreement by Developer that Developer has failed to cure
within the Cure Period; (b) all of the representations and warranties set forth in Subsection 1 O(b} shall be
true and accurate in all respects; and (c) Developer shal,l have established, to the reasonable satisfaction
of CRC, that Developer has adequate funds (loan proceeds, equity Investments, and/or cash on hand) to
purchase the Phase I Site and complete the Phase I Project. If one or mote of the foregoing conditions is
not, or cannot be, timely and completely satisfied, then, as its sole and exclusive remedy, CRC either may
elect to: (a) waive in writing satisfaction of the conditions and to proceed to the Phase I Closing; or (b)
terminate this Agreement by a written notice to Developer, in which case all Earnest Money shall be
refunded to Developer immediately; provided that, with respect to breaches of this Agreement by
Developer, CRC shall have all of the rights and remedies set forth in Section 15.
9. Conditions to Phase II Closing.
(a) Developer. The obligations of Developer with respect to proceeding with the
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knnylCityofCannol\Oflke and Retail Redevelopment-including comer parcel\Ko.enelProjeet AgrecmcntIProjeet Agreement for Kosene.v9.wpd
Phase II Closing shall be subject to satisfaction, or waiver in writing, of the following as of
the Closing Date: (i) there shall be no breach of this Agreement by CRC that CRC has
failed to cure within. the Cure Period; (ii) all of the representations and warranties set forth
in Subsection 1 O(a) shall be true and accurate in all respects, to the extent that such
representations and warranties apply to the Phase II Site; (iii) there shall not have been
any change in the state oftiUe to the Phase II Site that: (A) is caused by a person or
entity other than: (1) Developer; (2) any affiliate, agent, contractor, or employee of
Developer; or (3) the Pedcor Entities; and (B) results in a reasonable determination by
Developer that the condition set forth in Subsection 7(c) no longer is satisfied with
respect to any Site; and (iv) there shall not have been any change in the environmental
condition of the Phase II Site that: (A) is caused by a person or entity other than: (1)
Developer; (2) any affiliate, agent, contractor, or employee of Developer; or (3) the
Pedcor Entities; and (B) results in a reasonable determination by Developer that the
condition set forth in Subsection 7(f) no longer is satisfied with respect to any Site.
Notwithstanding anything to th.e contrary set forth herein, Developer and CRC shall work
in good faith to satisfy the conditions set forth in this Subsection.
(b) CRC. The obligations of CRC with respect to proceeding with the Phase II
Closing shall be subject to satisfaction, or waiver in writing, of the following as of the
applicable Closing Date: (i) there shall be no breach of this Agreement by Developer
that Developer has failed to cure Within the Cure Period; (ii) all of the representations and
warranties set forth in Subsection 10(b) shall be true and accurate in all respects; (iii)
Developer shall have.'established, to the reasonable satisfaction of CRC, that, assuming
sales of Residential Units are closed in substantial accordance with Developer's budget,
Developer has adequate funds (loan proceeds, equity investments, and/or cash on hand)
to purchase the Phase II Site and complete the Phase II Project; and (iv) Developer
either has: (A) completed construction of the Phase I Project; or (B) both: (1) completed
construction of the Phase. I Initial Building; and (2) obtained written commitments by
purchasers to purchase at least 50% of the Residential Units to be constructed as part of
the Phase I Project; in either case as contemplated by the Final Developer Plans for the
Phase I Project. Notwithstanding anything to the contrary set forth herein, Developer and
CRC shall work in good faith to satisfy the conditions set forth in this Subsection.
(c) Failure of Condition. If one or more of the conditions set forth in Subsection 9(a)
or 9(b) is not, or cannot be, timely and completely satisfied, then, as its sole and
exclusive remedy, Developer or CRC, respectively, either may elect to: (i) waive in writing
satisfaction of the conditions and to proceed to the applicable Closing; or (ii) terminate
this Agreement with respect to the Phase II Site by a written notice to the other party;
provided that, with respect to breaches of this Agreement by a party (including, without
limitation, a breach of the obligation to work in good faith to satisfy the conditions set forth
in this Section), the other party shall have all of the rights and remedies set forth in
Section 15. If: (i) one of the conditions set forth in this Section is not, or cannot be, timely
and completely satisfied; and (ii) the party entitled to terminate this Agreement fails to
terminate this Agreement in a timely manner; then such unsatisfied condition
automatically shall be deemed to be waived by such party. Notwithstanding anything to
the contrary set forth herein, CRC and Developer shall work in good faith to satisfy the
conditions set forth in this Section.
.
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Jenny\City ofCarmel\Office and Retail Redevelopment-including comer parcel\KoselteWmject Agr-eeme.nt\Pruject Agrer;::mem for Kosene_ v9_wpd
10. Representations and Warranties.
(a) CRC Representations. CRC represents and warrants to Developer that: (i) eRe
shall not enter into any contracts or undertakings that would limit, conflict with, or
constitute a breach of this Agreement; (ii) to the best of CRC's knowledge, there is not
now, and there has not been, any contamination or pollution of the Project Site or any
groundwater thereunder by any hazardous waste, material, or substance in violation of
any Laws, except: (A) as are disclosed in the Environmental Assessment; and (8) as are
discovered by Developer; (iii) to the best of CRC's knowledge, the Project Site is not
"property" under IRPTL; (iv) CRC is a public body organized and existing under the laws
of the State of Indiana; and (v) CRC has the power to enter into this Agreement and to
perform its obligations hereunder, CRG duly has been authorized by proper action to
execute and deliver this Agreement, and to perform its obligations hereunder, and this
Agreement is the legal, valid, and binding obligation of CRC.
(b) Developer Representations. Developer represents and warrants to eRe that: (i)
Developer shall not enter into any contracts or undertakings that would limit, conflict with,
or constitute a breach of this Agreement; and (ii) Developer has the power to enter into
this Agreement and to perform its obligations hereunder, Developer duly has been
authorized by proper action to execute and deliver this Agreement, and to perform its
obligations hereunder, and this Agreement is the legal, valid, and binding obligation of
Developer.
11. Developer Construction. Developer shall construct the Project on the Project Site in
accordance with the following terms and conditions:
(a) Schematic Desion Drawings. On or before the date that is _ days after the
Execution Date, Developer, at its cost and expense, shall submit the Schematic Design
Drawings for the Phase J Project to CRe for its review and approval, which approval shall
not be withheld unreasonably so long as the Schematic Design Drawings for the Phase I
Project are consistent with the Site Plan, the Development Guidelines, the Development
Proposal, and the Laws. Within 30 days after CRe receives the Schematic Design
Drawings, eRC shail deJiver to Developer written notice that it approves or rejects the
Schematic Design Drawings; provided that, if CRe rejects all or any part of the
Schematic Design Drawings, then such notice shall: (i) specify the part or parts that eRe
is rejecting; and (ii) include the specific basis for such rejection. Upon approval of the
Schematic Design Drawings, the Schematic Design Drawings shall be final schematic
design drawings, subject to modifications by Change Orders.
(b) Desion Development Documents. Within 60 days after approval of the
Schematic Design Drawings, Developer, at its cost and expense, shall submit the Design
Development Documents and the Developer Construction Schedule for the Phase I
Project to CRC for its review and approval. Within 20 days after eRC receives the
Design Development Documents and the Developer Construction Schedule, CRG shall
deliver to Developer writien notice that it approves or rejects the Design Development
Documents and/or the Developer Construction Schedule; provided that, if CRG rejects all
or any part of the Design Development Documents and/or the Developer Construction
Schedule, then such notice shall: (i) specify the part or parts that eRe is rejecting; and (ii)
include the specific basis for such rejection. Upon approval of all of the Design
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JennylCity ofCarmollOffiee and Retail Redevelopment-including comer pareol\KosenelProject Agreemen,IProject Agreement for Koscoe. >9,wpd
Development Documents with respect to any Construction Trade, the Design
Development Documents shall be final as to such Construction Trade, subject to
modifications by Change, Orders. Upon approval of the Developer Construction
Schedule, the Developer Construction Schedule shall be the final construction schedule
with respect to construction of the Phase I Project, subject to modifications by Change
Orders.
(c) Developer Construction DrawinQs. Within 20 days after each approval of the
Design Development' Documents with respect to a Construction Trade for the Phase I
Project, Developer, at its cost and expense, shall submit the Developer Construction
Drawings with respect to such Construction Trade to CRC for its review. The Developer
Construction Drawings for such Construction Trade shall be final construction drawings
with respect to such Construction Trade, subject to modifications by Change Orders.
(d) Resubmitted Documents. If, at any stage of the Plan Refinement Process, CRC,
rather than approving any drawings, documents, or schedules, instead rejects any
drawings, documents,orschedules, then, within ten days after Developer receives notice
from CRC that it has rejected any drawings, documents, or schedules, Developer shall:
(i) revise the drawings, documents, or schedules; and (ii) resubmit the drawings,
documents, or schedules to CRC. Within ten days after CRC receives the resubmitted
drawings, documents, or schedules, CRC shall deliver to Developer written notice that it
approves or rejects the resubmitted drawings, documents, or schedules; provided that, if
CRC rejects all or any part of the resubmitted drawings, documents, or schedules, then
such notice shall: (i) specify the part or parts that CRC is rejecting; .and (ii) include the
specific basis forsuch rejection. Upon approval of the resubmitted drawings, documents,
or schedules, the resubmitted drawings, documents, or schedules shall become part of
the Final Developer Plans. subject to modifications by Change Orders. Notwithstanding
the involvement of CRG' in the Plan Refinement Process, Developer shall be responsible
for: (i) inclusion in the Final Developer Plans of any revisions submitted by Developer to
CRC; and (ii) compliance of the Final Developer Plans with the Laws and the professional
standards for the good and proper design and engineering of the Project without defects.
(e) Final Developer Plans. Upon completion of the Final Documents and Drawings
through the Plan Refinement Process, the aggregated Final Documents and Drawings
shall constitute the complete Final Developer Plans, subject to modification by Change
Orders. All references herein to the Final Developer Plans shall be deemed to be
references to the Final Documents and Drawings, until such time as all of the Final
Documents and Drawings are completed; provided that, when all of the Final Documents
and Drawings are completed, all references hereih to the Final Developer Plans shall be
deemed to be references to the Final Developer Plans, as modified by Change Orders.
(f) Chanqes to Final Developer Plans. If Developer desires to make any changes to
the Final Developer Plans, then Developer shall submit a Change Order Request to eRe
for review and approval. Within,ten days after CRC receives the Change Order Request,
CRC shall deliver to Developer written notice that it approves or rejects the Change
Order Request; provided that: (i) if such Change Order Request specifies that it is as a
result of a determination by a Construction Trade contractor or subcontractor that a
portion of the Project falling with in the responsibility of such Construction Trade cannot
be constructed in accordance with the Final Develo'per Plans due to actual: (A) on-site
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Jenny\Crt)' ofCarmel\OITice and Retoil Redevelopmerll-including comer parcel\KDsenelProject Agrcemcm\Projcct Agreement for Koscnc.....9.wpd
conditions; or (B) conflicts with the work to be performed by another Construction Trade
contractor or subcontractor; then CRC shall deliver such written notice to Deliver within
two business days after receiving the Change Order Request; (ii) CRC shall not withhold
its approval unreasonably; and (iii) if CRC rejects all or any part of the Change Order
Request; then such notice shall: (A) specify the part or parts that CRC is rejecting; and
(8) include the specific basis for such rejection. If CRC approves a Change Order
Request, then CRC and Developer shall execute a Change Order. Notwithstanding
anything to the contrary.set forth herein: (i) Developer shall not be required to obtain the
approval of CRC with respect to a Permitted Change; and (ii) a Change Order with
respect to a Permitted Change shall be effective if executed only by Developer; provided
that, with respect to a Permitted Change, Developer shall submit a Change Order
Request to CRC for its review.
(g) Permits. Prior to commencing construction of any stage of the Project,
Developer, at its cost and expense, shall obtain and submit to CRC for its review the
Required Permits with respect to that stage of the Project (including, without limitation,
evidence of Developerhaving completed the process, and complied with the
requirements, set forth in the City of Carmel C-1 Zoning Ordinance); provided that, to the
extent that any Required Permit is required for the use, but not for any element of the
construction, of the Phase I Project or the Phase II Project, as the case may be, then,
prior to commencing cons.truction of the Phase I Project or the Phase II Project, as the
case may be, Developer: (i) shall not be required to have obtained such Required Permit;
but (ii) shall have completed (and delivered to CRC evidence of such completion) all
commercially reasonable actions to ensure that such Required Permit shall be obtained
prior to the date on which Developer substantially completes the Phase I Project or the
Phase II Project, as the case may be,
(h) Construction. Developer shall construct the Project: (i) in a good and
workmanlike manner; (ii) in accordance with the Final Developer Plans; and (iii) in
compliance with the Development Guidelines and the Laws.
(i) Staqinq, During construction of the Phase I Project, Developer and its
contractors and subcontractors shall have the right to use the Phase II Site for
construction staging purposes; provided that Developer shall coordinate such use and
access with construction ofthe CRC Improvements on the Phase II Site and/or on real
estate adjacent to the Phase II Site. .
U) Review Panel. Notwithstanding anything to the contrary set forth herein, eRe, at
its option, may delegate all or any part of its review and approval or rejection obligations
pursuant to this Section to the Plan Review Panel. In determining whether to grant its
approval pursuant to this Section, eRC or the Plan Review Panel, as the case may be,
shall act in a commercially reasonable manner.
(k) DeClaration Approvals. To the extent that: (i) CRC has approved any drawings,
documents, or schedules pursuant to this Section; and (ii) such drawings, documents, or
schedules require the approval of the Architectural Review Committee after the date of
the Phase I Closing or the Phase II Closing, as the case may be; eRC, as Declarant
under the City Center Declaration and as owner of the Public Amenities Parcel (as
defined in the City Center Declaration), shall vote for approval by the Architectural
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Jertl1y\Cfty cfCarmel\Officc,and Retail Redevelopment-including; comer parcel\Kosene\?mje'Ct Agreement\Projecl Agreement for Kosene....-9.wpd
Review Committee of such drawings, documents, or schedules.
(I) Repeat Application. Subsections 11 (a), (b), and (c) refer specifically to the
Phase I Project, but those Subsections shall apply equally to the Phase II Project (and to
each portion of the Phase.11 Project to be constructed on a Phase II Site Segment that
Developer separately acquires in accordance with the terms and conditions of Section
17), and, with respect to the Phase II Project (and to each such portion of the Phase II
Project, when applicable), the references in those Subsections to the Phase I Project
shall be deemed to be references to the Phase II Project (or to each such portion of the
Phase II Project, when applicable, except that there is no specified date by which
Developer is obligated to submit Schematic Design Drawings for the Phase II Project.
(m) CRC Riqhts.lf Developer terminates this Agreement for any reason, then,
immediately upon such termination, Developer shall deliver to CRC:(i) full and complete
copies of all drawings and documents prepared in connection with the Project; together
with (ii) a written grant ofthe non-exclusive right to use such drawings and documents.
The obligation of Developer set forth in this Subsection shall survive the termination of
this Agreement.
12. eRC Construction. CRe shall construct (or cause the construction of) the CRC Improvements:
(a) in a good and workmanlike manner; (b) in accordance with the CRC Construction Plans and the CRC
Construction Schedule; and (c) in compliance with all Laws.
13. CRC Inspection.
(a) Monthlv Inspections. Each month during construction of the Project, the
Inspecting Architect, at Developer's cost and expense, shall conc;juct a Monthly
Inspection; provided that the Inspecting Architect shall provide reasonable written notice
to Developer prior to each Monthly Inspection. After a Monthly Inspection, CRC may
deliver to Developer a Non-Compliance Notice; provided that, upon receipt of a Non-
Compliance Notice; Developer shall correct, or cause to be corrected, as soon as is
practicable, all Material Defects identified in the Non-Compliance Notice, except and to
the extent that any such Material Defects previously have been accepted, or deemed to
have been accepted, by eRC. Upon receipt of written demand, Developer shall pay the
Inspecting Architect's fee for each Monthly Inspection, which fee shall not exceed
$1,000.00 per Monthly Inspection. At Developer's election, the Inspecting Architect shall:
(i) schedule the Monthly Inspections to coordinate with draw requests submitted by
Developer to its construction lender; and (ii) provide to Developer and/or its construction
lender an inspection report with respect to Monthly Inspection.
(b) Sample Work Inspection. If Developer delivers to eRe an Inspection Request
for a Sample Work Inspection, then, within the Inspection Period, CRC and/or the
Inspecting Architect, at Developer's cost and expense, shall: (i) conduct a Sample Work
Inspection of the Sample Work Installation identified in that Inspection Request; and (ii)
deliver to Developer, if applicable, a Non-Compliance Notice; provided that: (i) upon
receipt of a Non-Compliance Notice with respect to such Sample Work Installation,
Developer shall correct, or cause to be corrected, as soon as is practicable, all Material
Defects identified in the Non-Compliance Notice; and (ii) all items or components of such
Sample Work Installation with respect to which no Material Defects are identified in a
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Jelmy'Cil)' of Canner\orflce find Retail Redevelopment-including comer parcel\KooenelProject Agrcement\Projcct Agreement for Koscne,v9.wpd
Non-Compliance Notice shelll be deemed to be accepted by CRC. Any portion of a
Residential Unit subsequently constructed or installed in accordance with: (i) a Sample
Work Installation that has been accepted, or deemed to be accepted, by CRC; and (Ii) the
Laws; shall be deemed to be accepted by CRC.
(c) Completed Unit Inspection. If Developer delivers to CRG an Inspection Request
for a Completed Unit Inspection, then within the Inspection Period, eRC and/or the
Inspecting Architect shall: (i) conduct a Completed Unit Inspection of the Completed Unit
identified in that Inspection Request; and (ii) deliver to Developer, if applicable, a Non-
Compliance Notice; provided that: (i) upon receipt of a Non-Compliance Notice with
respect to such Completed Unit, Developer shall correct, or cause to be corrected, as
soon as is practicable, all Material Defects identified in the Non-Compliance Notice; and
(ii) all items or components of such Completed Unit with respect to which no Material
Defects are identified in a Non-Compliance Notice shall be deemed to be accepted by
CRC.
(d) Permitted Inspection. Upon reasonable written notice delivered to Developer,
which notice shall specify the portion of the construction to be inspected, eRC and/or the
Inspecting Architect may perform a Permitted Inspection. After a Permitted Inspection,
CRC may deliver to Developer a Non-Compliance Notice; provided that, upon receipt of a
Non-Compliance Notice, Developer shall correct, or cause to be corrected, as soon as is
practicable, all Material Defects identified in the Non-Compliance Notice, except and to
the extent that any such Material Defects previously have been accepted, or deemed to
have been accepted. by ORC.
(e) Final Inspection. If Developer delivers to CRC a written request for a Final
Inspection, then, on or before the later of the date that is five business days after: (i)
receipt by CRC of such request; or (ii) the date specified in such request as the
substantial completion dafe; CRC and/or the Inspecting Architect, at Developer's cost
and expense, shall: (i) conduct the Final Inspection; and; and (ii) deliver to Developer, if
applicable, a Non-Compliance Notice; provided that: (i) upon receipt of a Non-
Compliance No~ice, Developer shall correct, or cause to be corrected, as soon as is
practicable, all Material Defects identified in the Non-Compliance Notke; and (ii) all items
or components of the Phase I Project or the Phase II Project, as the case may be, with
respect to which no Material Defects are identified in a Non-Compliance Notice shall be
deemed to be accepted by CRC. Upon: (i) correction of all Material Defects identified in
the Non-Compliance Notice; or (ii) deemed acceptance by CRC of the 'Phase I Project or
the Phase II Project, as the case may be, CRC shall have no further inspection rights with
respect to the construction of the Phase I Project or the Phase II Project, respectively.
(f) Latent Defects. Notwithstanding anything to the contrary set forth herein, no
acceptance, or deemed acceptance, by CRe pursuant to this Section shall be applicable
with respect to any Latent Defects. An acceptance, or deemed acceptance, by CRC
pursuant to this Section shall not mean that CRC has accepted, or Developer has been
relieved of, responsibility for: (i) compliance with the Laws; (ii) the good and proper
application of construction means or methods; or (iii) correcting any p'ortion of the Project
if it later is determined that such portion is inconsistent with the proper completion of a
subsequent portion of the Project. An acceptance, or deemed acceptance, by CRC
pursuant to this Section shall not be binding on any other governmental authority, and
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Jenny\City ofCurmel\OIJice nnd Retail Redevelopment-im;ludLng comeT parcel\Kosene\Project Agreemem\Project Agreemem for Kosene,v9,wpd
any inspections performed by CRC or the Inspecting Architect pursuant to this Section
shall not preclude, or be deemed to be in substitution of, inspections required or
permitted to be performed by other governmental authorities.
(g) General. In the case of an inspection by CRC and/or the Inspecting Architect
pursuant to this Section, CRC and/or the Inspecting Architect shall: (i) comply with all
health and safety rules: (A) for personnel present on the construction site; and (8) of
which CRC has been inforrned;and (ii) coordinate the inspections so that the inspections
do not interfere with the performance of construction by Developer. Developer shall have
the right to accompany, and/or to have its construction manager accompany, CRC and/or
its Inspecting Architect during any inspection pursuant to this Section.
(h) Copies. Developer shall cause its construction lender to deliyer to CRC,
promptly upon receipt thereof, copies of such lender's inspection reports.
14. Insurance. During constr.uction of the Project, Developer shall maintain the policies of insurance
described on Exhibit J. Each such policy shall: (a) be written by a company with a Best rating of B+ or
better; and (b) providethat the same shall not be modified or canceled without written notice to CRC at
least 30 days in advance. The policy of general liability insurance required by this Section shall name
CRC as an additional insured. Developer shall deliver to CRC certificates of the insurance policies
required by this Section to be maintained by it, duly executed by the insurance company or the general
agency writing such policies.
15. Default.
(a) Events of Default. It shall be an "Event of Default" if either party fails to perform
or observe any term or condition of this Agreement to be performed or observed by it: (i)
with respect to the obligation to pay money, if such failure is not cured within ten days
after receipt of written notice that such payment is due; and Oi) with respect to any other
obligation, if such failure is not cured within the Cure Period; provided that, with respect
to the obligation of Developer to: (A) close on the Phase I Site orthe Phase II Site, as the
case may be, on or before the applicable date set forth in Section 4; or (8) cause
Construction Commencement to have occurred with respect to the Phase I Project or the
Phase II Project, as the case may be, on or before the applicable date set forth in the
Developer Construction Schedule; the Cure Period shall not apply, and there shall not be
an Event of Default until the time periods specified in Subsection 15(c) or Section 16, as
applicable, have expired.
(b) Remedies. Subject to the terms and conditions of Subsection 15(c) and Section
16 (which terms and conditions shall control over this Subsection), whenever an Event of
Default occurs, the non-defaulting party may take whatever actions at law or in equity are
necessary or appropriate to: (i) collect any payments due under this Agreement; (ii)
protect the rights granted to the non-defaulting party under this Agreement; (iii) enforce
the performance or observance by the defaulting party of any term or condition of this
Agreement, including, without limitation, the right to specifically enforce any such term or
condition (it being acknowledged and understood by the parties that monetary damages
are not an adequate remedy for the failure of either party to observe and/or perform any
term or condition of this Agreement); or (iv) cure, for the account of the defaulting party,
any failure of the defaulting party to perform or observe a material term or condition of
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Jenny\Cit)' ofCarmel\OflLce and Retail Redevelop.ment-including comer parccl\Koscnc-\Projc-ct Agrcemcnt\.Project Agreement for Kosene....."9.wpd
this Agreement to be performed or observed by it. If there is an Event of Default by
Developer prior to the Phase I Closing (other than an Event of Default resulting solely
from a failure to close oillhe Phase I Site on or before July 31, 2003, the remedies with
respect to which are governed"by Subsection 15(c)), then: (i) CRC may terminate this
Agreement by delivery of written notice to Developer; and (ii) immediately upon such
termination, Developer shall pay to CRC, as liquidated damages, the amount of
$20,000.00. The obligation of Developer to deliver such amount shall survive the
termination of this Agreement. If the non-defaulting party incurs any costs or expenses in
connection with exercising its rights and remedies under, or enforcing, this Agreement,
then the defaulting party shall reimburse the non-defaulting party for all such costs and
expenses, together with interest at the rate of 12% per annum. Notwithstanding anything
10 the contrary set forth herein, CRC shall exercise its rights under thJs Subsection
subject to the lender protection provisions set forth in Exhibit K.
(c) Special Default Remedies" The terms and conditions of this Subsection shall
apply notwithstanding the terms and conditions of Su bsection 15(b):
(i) Failure to Close. Notwithstanding anything to the contrary set
forth herein, if Developer fails to close on:
(A) the Phase I Site on or before July 31, 2003, then
CRC may elect either: (1) the remedy of specific
performance to enforce Ihe obligation of Developer to
close on the Phase I Site; or (2) to require Developer to
pay to CRC, as liquidated damages, the Compensatory
Damages of $50,000.00 with respect to the Phase I Site;
provided that, if CRC elects the Compensatory
Damages, Ihen all rights of Developer hereunder with
respect to the acquisition and development of ltie Phase
[ Site and Ihe Phase II Site automatically shall terminate;
or
(B) the !lo:ti.re1'{J)iJh~~Phase II Site on or before
July4-\,31,~ 2005, then CRC may elect to
terminate this Agreement, to Ihe extent that this
Agreement applies to the purchase and development of
that portion of the Phase II Site on which Developer
ha~ 110t vet closed.
The foregoing shall be the sole remedies available to CRC for a failure
by Developer to close on the Phase I Site or the Phase II Site.
(ii) Commencement Failure. Remedies avaJlable to CRC for the
failure of Developer to cause Construction Commencement to occur with
respect to the Phase I Project or the Phase II Project are set forth in
Section 16.
(iii) Schedule Failure. It shall be an Event of Default if, with respect
to the construction of the Phase I Project or the Phase II Project,
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jeJln'y~City nfCarlIlel\Officeand Retail Rede...e]opment~including corneT parcel\Kosene\Projecl Agreemem\Project Agrcemcnt for Koscnc,v9.w-pd.
Developer is 120 or more days behind the applicable dates set forth in
the Developer Construction Schedule.
(A) If, upon such an Event of Default with respect to
the construction of the Phase I Project, Developer has
not completed any more than the Skeleton of the Phase
I Initial Building, then, within 30 days after receipt of
written notice from CRC of such Event of Default,
Developer, by delivery of written notice to CRG prior to
the expiration of such 30 day period, may elect to: (1)
raze and remove the improvements on the Phase I Site
(includirig, without limitation, removing all footers and
foundations); (2) remove all equipment, materials, and
debris from the Phase I Site; (3) re-grade the Phase I
Site; and (4) reconvey the Phase I Site to CRC, in which
case the terms and conditions of Section 16 shali apply;
provided that: (1) Developer shall have until the date that
is 75 days after its election to raze and remove the
improvements, equipment, materials, and debris from,
and're-grade, the Phase I Site; (2) notwithstanding the
terms and conditions of Section 16, GRG and Developer
shall close on the reconveyance of the Phase I Site on
or before the date that is 15 days after Developer
completes the foregoing razing, removal, and re-grading;
and (3) the purchase price for the recapture of the Phase
I Site shall be determined pursuant to Subsection
15(c)(iii)(B). as opposed to pursuant to Subsection 16(a).
The foregoing election right shall not apply if Developer
has executed any contracts for the sale of any of the
Residential Units to be constructed as part of the Phase
I Project.
(8) In the event of a reconveyance to, and recapture
by, CRG pursuant to Subsection 15(c)(iii)(A), and
notwithstanding the provisions of Subsection 16(a) to the
contrary, the purchase price for the Phase I Site shall be
$450,000.00 (representing the purchase price of
$550,000.00 minus $100,000.00 (double the
Compensatory Damages of $50,000.00)).
(C) If:
(1) Developer: (a) fails to deliver a
written notice to CRG pursuant to
Subsection 15(c)(iii)(A) electing the
option of a reconveyance to, and a
recapture by, GRG; (b) expressly rejects
such option; or (c) does not have such
option available to it because Developer
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Jcnny\City of Cat'me1\Office and Relail Redevelcpment-including comer parcel\Kosene\Projoct Agre-emem\Project Agreement for Kosene. '19, wpd
has executed a contract for the sale of a
Residential Unit to be constructed as
part of the Phase I Project; or
(2) Developer: (a) is 120 or more days
behind the applicable date set forth in
the Developer Construction Schedule
with respect to the construction of the
Phase I Project; and (b) has completed
more than the Skeleton of the Phase I
Initial Building; or
(3) Developer: (a) is 120 or more days
behind the applicable date set forth in
the Developer Construction Schedule
with respect to the construction of any
Residential Building comprising a part of
the Phase II Project; and (b) has
completed more than the Skeleton of
such Residential Building;
then eRC shall have the remedy of specific performance
to enforce the obligation of Developer to complete either:
(1) the <Phasel,oF0jeGt>cehase I Initial Building and
any ottl~r ~I'l~se I RemQ.otial Buildina with respect
to which at least the S~~tgnllasJJeen_ciID1plated;
or (2) the Residential Buildings comprising a part of the
Phase II Project with respect to which at least the
Skeleton has been completed; as the case may be, in
accordance with the terms and conditions of this
Agreement. In addition, if Developer elects the option of
a reconveyance to, and a recapture by, CRC pursuant to
this Section, then CRC shall be entitled to the remedy of
specific performance to enforce the obligations of
Developer under Subsection 15(c)(iii)(A).
If the exercise by CRC of its right to specific
performance with respect to completion of the
Residential Buildings comprising a part of the Phase II
Project will not result in com pletion of the entirety of the
Phase II Project, then, in addition to its right of specific
performance, CRC may recapture any portion of the
Phase II Site on which: (1) Construction Commencement
has not occurred; or (2) Construction Commencement
has occurred. but no more than the Skeleton ofthe
Residential BUilding located on such portion has -4tet
.::.been completed; provided. that the purchase price
payable by CRC..fuLreconveyance with respect to
any such portion shall be calculatE:d as provided in
Sub5ection~c.17{ttl..
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Jenay\CjtyofCarmel\Office and Retail Redevelopment-includ1ng comer parcel\K(Jsene\Froject Agreement\Proj({;t Agreement for Kosene.v9.wpd
The remedies set forth in this Subsection shall be the sole remedies available to CRC in
the event of a default of the nature specified in this Subsection. For purposes of ease of
reference, defaults of the nature specified in this Subsection, and the corresponding
remedies, are set forth on the remedies grid attached hereto as Exhibit M.
(d) No Remedy Exclusive. No right or remedy herein conferred upon, or reserved to,
a non-defaulting party is intended to be exclusive of any other available right or remedy,
unless otherwise expresslY' stated (for example, as stated ih Subsection 15(c) or Section
16); instead, each and every such right or remedy shall be: (i) cumulative; and (ii) in
addition to every other right or remedy given under this Agreement or now or hereafter
existing at law or in equity. No delay or omission by a non-defaulting party to exercise
any right or remedy upon any Event of Default shall impair any such right or remel;1y, or
be construed to be a waiver thereof, and any such right or remedy may be exercised from
time to time, and as often as may be deemed to be expedient. To entitle a non-defaulting
party to exercise any right or remedy conferred upon, or reserved to, the non-defaulting
party, it shall not be necessary for the non-defaulting party to give notice to the defaulting
party, other than such notice as may be required by this Section or by the Laws.
16. Recapture by eRe.
(a) Recapture Riqht. Subject to the force majeure provisions of Section 22, if
Construction Commencement has not occurred with respect to the Phase I Project or the
Phase II Project, as the case may be, within the first to occur of: (i) 45 days after the
scheduled date for commencement set forth in the Developer Construction Schedule; or
(ii) six months after the Closing Date for the Site on which such portion of the Project is to
be constructed; then, at any time until Construction Commencement has occurred with
respect to the Phase I Project or the Phase II Project, as the case may be, CRC may
elect to require that Developer reconvey to CRC any or all of the Sites with respect to
which: (i) Developer has closed; and (i i) Construction Commencement of the portion of
the Project to be constructed on such Site has not occurred; provided that, except in the
case of a reconveyance and recapture pursuant to Subsection 15(c)(iii)(A) and (8), the
purchase price payable by CRC for such reconveyance shall be, with respect to the
reconveyance of: (i) the Phase I Site, $500,000.00 (representing the purchase price of
$550,000.00 minus the Compensatory Damages of $50,000.00); and (ii) the Phase II
Site., $375,000.00 (representing the purchase price of $45b,OOO.00 minus the
Compensatory Damages of $75.000.00). Notwithstanding anything to the contrary set
forth herein: (i) if CRC exercises the right of reconveyance .and recapture set forth in this
Section, then, except to the extent that Developer has: (A) closed ori the Phase II Site;
and (8) caused Construction Commencement of the Phase II Project to have occurred;
all rights of Developer hereunder with respect to the acquisition and development of the
Phase II Site automatically shall terminate; (ii) the right of reconveyance and recapture
set forth in this Section shall be the sole remedy available to CRC for a failure by
Developer to cause Construction Commencement to occur with respect to the Phase II
Project on or before the date set forth in this Section; (iii) if CRC exercises the right of
reconveyance and recapture set forth in this Section due to a-failure by Developer to
cause Construction Commencement to occur with respect to the Phase I Project on or
before the date set forth in this Section, then such right of reconveyance and recapture
shall be the sole remedy available to CRC for such failure; and (iv) CRC shall be entitled
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to the remedy of specific performance to enforce the obligations of Developer to reconvey
to CRC the Phase I Site or the Phase II Site, as the case may be, in accordance with the
terms and conditions of this Section.
(b) Reconvevance GlosinQ. If CRC elects to require Developer to reconvey the
Phase I Site and/or the Phase II Site in accordance with the terms and conditions of this
Section, then CRC and Developer shall close the reconveyance within 15 days after such
election. At the closing ofthe reconveyance: (i) Developer shall execute and deliver
closing documents to CRC that are substantially the same in form and substance as
those delivered by CRC to Developer at the applicable Closing; provided that Developer
also shall execute and deliver such easements with respect to the portions of the Project
Site retained by Developer as CRC shall deterrT:1ine to be necessary or appropriate for the
development and Use of the Phase I Site and/or the Phase II Site, as the case may be;
(ii) the limited warranty deed shall be subject only to the Permitted Exceptions; and (iii)
real estate taxes and. assessments shall be allocated in the manner customary for
commercial real estate transactions in the Carmel, Indiana, area.
17. Phase II Acceleration.
(a) RiQht to Accelerate. Notwithstanding anything to the contrary set forth herein, if:
(i) there is no uncured Event of Default by Developer; and (ii) Developer either has: (A)
completed construction of the Phase I Project; or (B) both: (1) completed construction of
the Phase I Initial Building; and (2) obtained written commitments by purchasers to
purchase at least 50% of the Residential Units to be constrUcted as part of the Phase I
Project; in either case as contemplated by the Final Developer Plans for the Phase I
Project; then Developer may elect to purchase separately (and have separate closings
for) each of the Phase II Site Segments.
(b) Limitations. Developer may elect to purchase separately (and have separate
closings for) only Contig uous Segments; provided that, if a Phase II Site Segment does
not qualify as a Contiguous Segment because, in the reasonable judgment of CRC, a
Remaining Segment will be left without adequate access, utilities, or drainage were
Developer to purchase separately (and have a separate closing for) the non-qualifying
Phase II Site Segment, but Developer commits to provide access; utilities, or drainage
that is adequate for the Remaining Segment, in the reasonable judgment of CRC, then
the non-qualifying Phase II Site Segment shall be deemed to be a Contiguous Segment.
Purchasing separately (and having separate closings for) the Phase II Site Segments
shall not release Developer from its obligation to close on the entirety of the Phase II Site
on or before July 31, 2005.
(c) Closino. If Developer elects to have separate closings for the Phase II Site
Segments, then, at each closing with respect to a Phase II Site Segment: (i) the terms
and conditions of this Agreement applicable to the Phase II Closing shall apply, modified
as necessary to reflect that such closing is for a Phase II Site Segment, and not the
entirety of the Phase II Site; and (ii) Developer shall pay the applicable Purchase Price,
multiplied by a fraction: (A) the numerator of which is the acreage ofthe Phase II Site
Segment that is the subject of the closing; and (B) the denominator of which is the
acreage of the entirety of the Phase II Site.
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(d) Specific Performance. As soon as Developer closes on the first Phase II Site
Segment, and notwithstanding the terms and conditions of Subsections 15(b) and 15(c),
if there is an Event of Default by Developer with respect to its obligation to close on the
entirety of the Phase II Site or construct the Phase II Project, then CRC shall have the
right to specifically enforce the performance of such obligation by Developer.
(e) Recapture. If Developer closes on one of the Phase II Site Segments, then
Developer shall cause Construction Commencement with respect to the portion of the
Phase II Project to be constructed on such Phase II Site Segment to have occurred on or
before the date that is six months after the closing with respect to such Phase II Site
Segment; provided that, if Developer defaults with respect to this obligation, then: (i) the
recapture right set forth in Section 16 shall apply; and (ij) the purchase price payable by
CRG' for reconveyance with respect to each recaptured Phase II Site Segment shall be
the same as the amount paid by Developer for the applicable Phase 11 Site Segment at
the applicable closing, minus the greater of: (A) $20,000.00; or (B) a prorata portion of
the Compensatory Damages of $75,000.00 for the Phase 11 Site, which prorata portion
shall be determined by multiplying the Compensatory Damages of $75,000.00 by a
fraction: (1) the numerator of which is the acreage of the applicable Phase II Site
Segment; and (2) the denominator of which is the acreage of the Phase II Site.
Notwithstanding anything to the contrary set forth herein, if eRC exercises the recapture
right, then all rights of Developer hereunder with respect to the acquisition and
development of the balance of the Phase II Site automatically shall terminate.
18. Mutual Indemnification. CRC shall indemnify and hold harmless Developer from and against
any and all claims, damages, losses, and expenses (including, without limitation, attorneys' fees) arising
from or connected with: (a) the performance of any work on the Project Site by eRe or any party acting
by, under, through, or on behalf of CRC; (b) the negligence or wilful misconduct of CRC or any party
acting by, under, through, or on behalf of CRC; or (c) the breach by CRC of any term or condition of this
Agreement. Developer shall indemnify and hold harmless CRC from and against any and all claims,
damages, losses, and expenses (including, without limitation, attorneys' fees) arising from or connected
with: (a) the performance of any tests, inspections, examinations, studies, or investigations on the Project
Site by Developer or any party acting by, under, through, or on behalf of Developer; (b) the performance
of any work on the Project Site by Developer or any party acting by, under, through, or on behalf of
Developer; (c) use of the Phase II Site for staging purposes by Developer or any party acting by, under,
through, or on behalf of Developer; (d) the negligence or wilful misconduct of Developer or any party
acting by, under, through, or on behalf of Developer; or (e) the breach by DeVeloper of any term or
condition of this Agreement, subject to the limitations set forth in Sections 15 and 16.
19. Assignment. CRC shall not assign this Agreement, except to another agency or instrumentality
of the City of Carmel, Indiana, that assumes the obligations of eRC hereunder, without the prior written
consent of Developer. Until completion of the Project, Developer shall no! assign this Agreement, or sell
any of the Sites, without the prior written consent of CRC; provided that: (a) the foregoing prohibition shall
not apply to the sale of Completed Units; and (b) Developer, at any time, may sell portions of the Project
Site in connection with the sale of a Completed Unit for residential use. Notwithstanding any assignment
permitted under this Section, CRC or Developer, as the case may, shall remain liable to peliorm all of the
terms and conditions to be performed by it under this Agreement, and the approval by the other party of
any assignment shall not release eRC or Developer, as the case may be, from such performance.
20. Notice. Any notice required or permitted to be given by either party to this Agreement shall be in
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Jel1Jly\Ci1y llfCarmfil\Office and Relai1 Redr:velrl),men1-includillg cornm parcel\KlJsene\Pll1jecl Agl-eemertt\Project Agreement for Kos.ene:.v9.wpd
writing, and shall be deemed to have been given when: (a) delivered in person to the other party; (b) sent
by facsimile, with electronic confirmation of receipt; or (c) sent by national overnight delivery service, with
confirmation of receipt, addressed as follows: to CRC at City of Carmel, Indiana, One Civic Square,
Carmel, Indiana 46032, Facsimile: 317-844-3498, Attn: Steve Engelking, with a copy to: Karl P. Haas,
Esq., Wallack Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana 46204, Facsimile:
317-231-9900; to Developer at , Indianapolis, Indiana _, Facsimile:
, Attn: . Ei ther party may change its addres s for
notice from time to time by delivering notice to the other party as provided
above.
21. Authority. Each undersigned person executing this Agreement on behalf of CRC.and Developer
represents and certifies that: (a) he or she fully is empowered and duly has been authorized by all
necessary action of CRC and Developer, respectively, to execute and deliver this Agreement; (b) he or
she has full capacity, power, and ajJthority to enter into and carry out this Agreement; and (c) the
execution, delivery, and performance of this Agreement duly have been authorized by CRC and
Developer, respectively.
22. Force Majeure. Notwithstanding anything to the contrary set forth herein, if either party is
delayed in, or prevented from, observing or performing any of its obligations under, or satisfying any term
.or condition of, this Agreement as a result of: (a) an act or omission of the other party; or (b) any other
cause that is not within the reasonable control of such party (including, without limitation, unusually
inclement weather, the unusual unavailability of materials, equipment, services or labor, and utility or
energy shortages or acts or omissions of public utility providers, but excluding a lack of financial
resources); then: (a) such observation, performance, or satisfaction shall be excused for the period of
days that such observation, performance, or satisfaction is delayed or prevented; and (b) the deadlines
for observation, performance, and satisfaction, as applicable, shall be extended for the same period.
23, Miscellaneous. CRCshall assist Developer in obtaining the signs described on Exhibit L.
Subject to Section 19, this Agreement shall inure to the benefit of, and be binding upon, CRC and
Developer, and their respective successors and assigns. Notwithstanding anything to the contrary set
forth herein, there shall be no third party beneficiaries to this Agreement. This Agreement constitutes the
entire agreement between CRG and Developer with respect to the subject matter hereof, and may be
modified only by a written agreement signed by both CRC and Developer. Except as specifically set forth
herein, no third party beneficiary rights shall be deemed to be created by this Agreement. The invalidity,
illegality, or unenforceability of anyone or more of the terms and conditions of this Agreement shall not
affect the validity, legality, or enforceability of the remaining terms and conditions hereof. Whenever in
this Agreement a singular word is used, it also sh~ll include the plural
wherever required by the context and vice versa. This Agreement shall be governed by,
and construed in accordance with, the laws of the State of Indiana. All Exhibits to.this Agreement are
attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, CRG and Developer have executed this Project Agreement as
of the day and year first written above.
THE CITY OF CARMEL REDEVELOPMENT
COMMISSION
By:
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<RjBhaHj-A;-RGe8Gh~Edward BUrM,
President
<
>KOSENE INVESTMENTS, LLC
By:
Printed:
Title:
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J~mly\City of Carme1\Office and ReLail Redeve]opment-illc]udin!:,: comer parcel\Kosene\Project Agreement\?n;JJ-ect Agreement fOf Kosen~.v9.wpd
INDEX TO EXHIBITS
Exhibit A
Depiction of City Center Site
Exhibit B
List of Plans and Specifications for CRC Improvements
Exhibit C
Schedule for completion of CRC Improvements
Exhibit D
Description of CRC Improvements
Exhibit E
Completion dates for each of Phase I Project and the Phase II Project
Exhibit F
Development Guidelines
Exhibit G
Renderings and descriptions submitted in Development Proposal
Exhibit H-1
Depictionand/or description of Project Site, including breakdown into Phase I
Site and Phase II Site
Exhibit H-2
Depiction of Phase II Site Segments
Exhibit I
Site Plan
Exhibit J
Required Insurance Policies (Deveioper)
Exhibit K
Lender Protection Provisions
Exhibit L
Signs that CRC will assist Developer in obtaining
Exhibit M
Remedies Grid
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lonnylCily GfCarmellOfficc and Retail Redevelopment-including COrner parcel\KosenelProjecl AgreementlProjecl Agreement for Kosene.,9.wpd
EXHIBIT K
Lender Protection Provisions
Aqreement shall mean the Project Agreement by and between CRC and Developer to which this Exhibit
attached and incorporated by reference.
Collateral shall mean all or any part of the Project Site, the improvements on the Project Site, and/or
fixtures or other items of personal property on the Project Site that are subject to a Mortgage.
Incurable Defaults shall mean Events of Default that cannot be cured by the payment of money or
through the exercise of reasonable diligence.
Mortqaqe shall mean: (a) a mortgage, pledge, or grant of security interest granted by Developer in all or
any part of the Project Site, the improvements on the Project Site, and/or fixtures or other items of
personal property oil the Project Site; and/or (b) a collateral assignment of the Agreement and/or the
interests of Developer in the Agreement.
Mortqaqee shall mean a holder of a Mortgage, and all successors and assigns of such holder.
Mortqaqee Cure Period shall mean the period that commences upon the Event of Default and expires on
the date that is 90 days after the later of: (a) the expiration of the Cure Period, or the applicable notice
and/or cure period under Section 15 or this Exhibit; or (b) receipt of the Mortgagee Notice.
MortQaqee Notice shall mean a copy of any notice or demand required or permitted to be made or
delivered by CRC to Developer.
Mortqaqee Remedies shall mean: (a) obtaining possession of all or any part of the Collateral; (b)
obtaining a receiver for all or any part of the Collateral; (c) foreclosing a Mortgage and effecting a
foreclosure sale of the interests of Developer in the Agreement; (d) enforcing a Mortgage and effecting an
assignment of the Agreement; or (e) otherwise acquiring all or any part of the Collateral and/or the
interests of Developer in the Agreement.
Permitted Termination shall mean a termination of the Agreement in accordance with the terms and
conditions of this Exhibit, after the rights of all Mortgagees under Sections 1 and 2 of this Exhibit have
expired.
Replacement Aqreement shall mean a replacement of the Agreement entered into by and between CRC
and the Replacement Developer upon: (a) the purported termination of the Agreement by CRC; and (b)
request by the Replacement Developer in.accordance with the terms and conditions of this Exhibit; which
agreement shall be: (a) effective as of the date of the purported termination; and (b) upon the same terms
and conditions in effect under the Agreement on the date of the purported termination.
Replacement Developer shall mean a Mortgagee that requests the execution of a Replacement
Agreement .in accordance with the terms and conditions of this Exhibit, or its designee;
1. Mortgagee Rights. During all such times as there is a Mortgage.outstanding, and until CRC has
received written notices from each Mortgagee that its Mortgage has been satisfied or otherwise released,
the following terms and conditions shall apply:
(a) Developer or each Mortgagee shall deliver written notice to CRe when a
Mortgage
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becomes effective, which notice shall: (i) identify the Mortgagee with respect to such Mortgage; and (ii)
set forth the notice address for the Mortgagee with respect to such Mortgage,
(b) CRC shall deliVer to each Mortgagee, at its notice address and in accordance
with the terms and conditions of Section 20, a Mortgagee Notice. No notice or demand
delivered by CRe to Developer shall be effective, unless and until a Mortgagee Notice is
served upon all Mortgagees in accordance with the terms and conditions of this Section.
(c) If there is an Event of Default with respect to the failure to pay money, then: (i)
each Mortgagee shall have the right to remedy the Event of Default or cause the Event of
Default to be remedied, until the date that is 45 days after the later of: (A) the expiration
of the Cure Period, or t.he applicable notice and/or cure period under Sedion 15 of the
Agreement; or (B) receipt' of the Mortgagee Notice; and (ii) CRC shall accept
performance by any Mortgagee as performance by Developer.
(d) If there is an Eventof Default with respect to any obligation other than the failure
to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of
Default or cause the Event of Default to be remedied until the expiration of the Mortgagee
Cure Period; and (ii) GRG shall accept performance by any Mortgagee as performance
by Developer. . Notwithstanding any other term or condition of the Agreement or this
Exhibit, CRC shall not exercise any of its rights and remedies under. Section 15 of the
Agreement with respectto such Event of Default, if: (i) within the first 60 days. after
receipt of the Mortgagee Notice, a Mortgagee notifies CRG of its intention to cure the
Event of Default; .and (ii) within the first 75 days after receipt of the Mortgagee Notice, the
Mortgagee: (A) commences a cure of the Event of Default and diligently pursues such
cure to completion; or (8) commences the exercise or pursuit of one or more of the
Mortgagee Remedies, and: (1) after commencement of the exercise or pursuit of the
selected Mortgagee Remedies, diligently exercises or pursues such Mortgagee
Remedies; provided that, if the Mortgagee has commenced the exercise or pursuit of the
selected Mortgagee Remedies within 75 days after receipt of the Mortgagee Notice, and
continues such exercise or pursuit, then, for a period of six months after the date on
which the Mortgagee commenced the exercise or pursuit of the selected Mortgagee
Remedies, which period shall be extended as reasonably required by the Mortgage, such
exercise or pursuit by the Mortgagee shall be deemed to be 'diligent; arid (2) after
obtaining or effecting the selected Mortgagee Remedies, commences a cure of the Event
of Default and diligently pursues such cure to completion. The Mortgagee Cure Period
shall be extended for the duration of any period when eRG is prohibited under this
Subsection from exercising its rights and remedies with respect to an Event of Default.
2. Replacement Agreement. Notwithstanding anything to the contrary set forth in the Agreement,
if: (a) GRC purports to terminate the Agreement for any reason; and (b) within 90 days after the date of
suchpurported termination, a Mortgagee requests that CRC enter into a replacement agreement with
respect lathe Project Site; then CRe shall enter into the Replacement Agreement with the Replacement
Developer. Upon the execution ofthe Replacement Agreement, CRC shall: (a) assign to the
Replacement Developer all right, title, and interest of GRC in and to leases and other agreements in
effect with respect to the Project Site; and (b) remit to the Replacement Developer all rent and other
amounts, if any, paid to CRC under or pursuant to such leases and other agreements after the date of the
purported termination; and the Replacement Developer shall assume all such leases and other
agreements without recourse to CRC. Upon the execution of the Replacement Agreement, the
Replacement Developer shall payor cause to be paid to CRe all amounts owing from Developer to eRC
under the Agreement, if any. Promptly after the execution of the Replacement Agreement, the
Replacement Developer shall: (a) commence a cure of any other uncured Events of Default
that can be cured: (i) by the payment of money; or (ii) by the Replacement Developer through the
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exercise of reasollable diligence; and (b) diligently pursue such cure to completion; provided that the
Replacement Developer shall not be: (a) required to cure any Incurable Defaults; (b) liable for or, with
respectto, any Incurable Defaults; or (c) liable for any damages, losses, or expenses (including, without
limitation, attorneys' fees), incurred by CRC in connection with any uncured Events of Default that existed
before, or at the time of, the purported termination. If a Replacement Agreement is executed, then, at the
election of the Replacement Developer: (a) the purported termination shall be deemed to be void and
unenforceable, and shall have rio force or effect as of the moment CRC first acted to effect the purported
termination; and (b) the Replacement Agreement shall be deemed to be a continuation and supplement
of the Agreement for all purposes.
3. Amendments. During all such times as there is a Mortgage outstanding, no amendment,
modification, supplement, surrender, cancellation, or termination of the Agreement shall be effective,
unless all Mortgagees consent in writing to the amendment, modification, supplement, surrender,
cancellation, or termination ofthe Agreement; provided that a Permitted Termination shall be effective.
Any attempted amendment, modification, supplement, surrender, cancellation, or termination of the
Agreement without the consent of all Mortgagees, other than a Permitted Termination, shall be void and
unenforceable, and shall have no force Or effect. If, in connection with any attempts by Developer to
obtain mortgage financing from a prospective mortgagee, such prospective mortgagee requires
reasonable amendments, modifications, or supplements of or to the Agreement as a condition to closing
such financing, then Developer and CRC shall execute an agreement amending, mooifying, or
supplementing the Agreement as required by the mortgagee; provided that such amendments,
modifications, or supplements shall not: (a) adversely affect eRC. or the rights of CRC under the
Agreement, in any material respect; or (b) reduce any obligations of Developer under the Agreement in
any material respect.
4. Default Cures. No term or condition of the Agreement orthis Exhibit shall be deemed to: (a)
require any Mortgagee to satisfy any obligation of Developer under the Agreement, or cure any breach by
Developer of its obligations under the Agreement; or (b) otherwise make any Mortgagee liable for any
such breach; except as expressly provided in Section 2 of this Exhibit after a Mortgagee becomes the
Replacement Developer; provided that, if there are multiple Mortgages outstanding, then only the
Mortgagee that becomes the Replacement Developer may be: (a) required to satisfy any obligation of
Developer under the Agreement, or cure any breach by Developer of its obllgations under the Agreement;
or (b) otherwise liable for any such breach; a nd then only to the extent of the express provis ions set forth
in Section 2 of this Exhibit.
Failure to Close Failure to 120 Days or More Behind Schedule 120 Days or More
Commence (completion up to and including Skeleton) Behind Schedule
Construction (completion beyond
Skeleton)
Phase I Specific Recapture of At Developer's Election Specific Performance to
Performance Land Specific Performance to Complete Initial Complete any Building
Or And Building with a Completed
$50,000.00 $50,000.00 Or Skeleton
Compensatory Compensatory Raze And Remove All Improvements,
Damages Damages Regrade, Reconvey Land And Pay
$100,000.00 Compensatory Damages
But
Election to Raze Not Applicable if
Developer has Executed a Contract for
Sale of any Flat or Townhouse (Specific
Performance only)
Phase II Terminate Recapture of Specific Performance to Complete any Same as Phase I
Agreement Land with Building With a Completed Skeleton And
$75,000.00 Or Recaptu re of Portions
Compensatory Recapture of Portions Without Completed Without Completed
Damages Skeleton, with Prorata Compensatory Skeleton, with Pro rata
Damages Compensatory
Damages
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Page 1 of 1
Lillig, Laurence M
From:
Sent:
To:
Rick Sharp [rsharp@indy.rr.com]
Thursday, June 05, 2003 6:14 PM
Karl P. Haas; Steve Engelking; Ron Carter; Morrissey, Phyllis G; Mielke, Sherry S; Lillig, Laurence
M; John Koven; Ed Burke; Bob Battreal; Weese, Kate K
Les Olds
DOCS
Cc:
Subject: Re: Kosene Development
Given that the sentiment I have heard on this subject revolves around past discussions and the design intent for
the overall project I would support Ron, John and Bob's position.
However, if there is a desire to move forward on the Kosene project absent paying for any "extras" it only seems
equitable that the CRC be consistent in its' conduct of business. Interpretatibn...if it is believed that this is not the
right project than I think we should a. not have gone this far and b. look for the quickest exit. If it is not our desire
to just outright kill the project than I think we owe them the same consideration that others have recieved
Please feel free, all, to fill in what I am missing in this discussion.
Thanks,
Rick
. 6/612003
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Page 1 0[2
-, ---..-
//< .\.:~_"J-'~~I'
Lillig-, Laurence M /."/ A. -\\
/,> f( 2.." ',/\
From: ~arl ~HaaS[kPh@WShlawc,b~ JIINtCr'v;g3.. 'rl
Sent: Thursday, June 05,2003 1:1 ~'~~ nor.' lS:.1 .
To: Steve Engelking; Ron Carter; ~lC~ Sharp; ~rrissey,.:phYlliS G; Mielke, Sherry S; lillig, Laurence M;
John Koven; Ed Burke; Bob Battceal;. Weese, Kat~\K /
~. I ',~ __,.,~, ,/
Cc: Les Olds .,,,-!..:lJ..~~Y
Subject: Fw: Kosene Development
Here's conf1ID1ation from Les that the regrading by the pond has to be done for any project south of the pond if,
like Pedcor, we're going to have a road run along the pond. KPH
m__ Original Message _m_
From:Q1g~_Ll,._l::!$.
To: 'Ka.cLP,Jjaa.s.'
Sent: Thursday, June 05, 2003 10:52 AM
Subject: RE: KoseneDevelopment
KARL, THE KOSENE ROAD ALONG THE POND HAD TO BE RAISED TO MEET THE DRAINAGE
REQUIREMENTS FOR THE ENTIRE SITE TO TIE IN TO THE UNDERGROUND DETENTION SYSTEM, THE
EXISTING PLANTING STRIP NEEDS TO BE ADJUSTED TO MEET THE HIGHER ELEVATION AND HANDLE
THE SURFACE WATER FLOW. THE PLANTING STRIP WAS DESIGNED TWO YEARS AGO WHEN IT WAS
BELIEVED THAT BUILDINGS WOULD BE AJACENT TO THE POND NOT ROADWAYS. LES
Les Olds
280 East 96th Street. Suite 200
Indianapolis. IN 46240
(317)848-7800
lolds@csoinc.net
-----Original Messagenm
From: Karl P. Haas [mailto:kph@wshlaw.com]
Sent: Thursday, June 05, 2003 10:40 AM
To: Steve Engelking; Rbn Carter; Rick Sharp; Morrissey, Phyllis G; Mielke, Sherry S; Lillig, Laurence M;
John Koven; Ed Burke; Bob Battreal; Weese, Kate K
Cc: Les Olds; Jennifer R. Shoup; Brainard, James C
Subject: Fw: Kosene Development
I now have messages from Bob, John, and Ron, all of whom have expressed opposition to undertaking additional
work for the Kosene project. Set forth below is a part of my response to Ron suggesting that there are two items
(median work and regrading by the pond) that CRC legitimately might undertake -- they are not necessarily additional
work for Kosene. Please let me know your response to these two items. For today, I am going to take the position
that eRC definitively will not undeltake any additional work, except that these two items remain under
consideration. That allows me to back otIperforrning the median and pond grading work if you so direct. KPH
----- Original Message ~----
From: Karl p, Haas
To: .Ron Carter
Cc: l.f2$_QIQ:?,
Sent: Wednesday, June 04,2003 12:10 PM
Subject: Re: Kosene Development
Generally, I agree with you whole-heartedly, and I agree with you in this instance with two exceptions: (1) median
6/5/2003
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Page 20[2
work historically has been a eRe undertaking, in large part because it involves work in the right-of-way; and (2) I
think that the strip south of the pond has to be regraded because of a road that we've required -- it doesn't relate to
use. Les, would you let Ron and me know if I'm wrong about point (2)'1
----- Original Message -----
From: B9JLG<:lrt~[
To: Karl P. Haas
Cc: Edmund Burke; Bob Battreall ; Rick Sharp; John Koven; Steve Engelking; Jim Brainard; Les Olds
Sent: Wednesday, June 04, 2003 10:13 AM
Subject: Kosene Development
Karl:
In response to your message involving the Kosene Project Agreement for Parcel 2, I am not interested in
providing them with any further assistance, including paying any dollars for any of the items involved in
Les Olds' letter of May 28, 2003 addressed to you.
My feeling is that what they are proposing is the second choice for what we had wanted there in the
original plan. I am concerned that we are getting too much residential in the City Center and not enough
commercial. Our original intent was to have a very good daytime population so that we have appropriate
traffic levels for the City Center shops and restaurants during the daytime, not just in the evening. Thus, I
don't feel comfortable in subsidizing a use that is not our first choice and will not vote to do that.
Ron Carter
6/5/2003
Lillig. Laurence M
LJ /f:\\-:::TIT:~~-~::'>
.~:f" AI ,.\
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I'.~ _: .. ..... .df/IV .5., /IJOJ . .'. C \
From: Karl P. Haas [kph@wshlaw.c?rpl Dac.e>
'r' v
Thursday, June 05, 2003 10:40,l~ ,/
Steve Engelking; Ron Carter; Rick/Sham;_Mqrriss~y, Phyllis G; Mielke, Sherry S; Lillig, Laurence M;
. 'ol; "" r , 1 , '\ ,
John Koven; Ed Burke; Bob Battreal;-We'ese:~Kate K
Cc: Les Olds; Jennifer R. Shoup; Brainard, James C
Subject: Fw: Kosene Development
u
Page 1 of 1
. '--.. '/
," I
Sent:
To:
Inow have messages from Bob, John, ahd Ron, all of wh 0 111 have expressed opposition to undertaking additional work for
the Kosene project. Set forth below is a part of my response to Ron suggesting that there are two items (median work and
regrading by the pond) that CRC legitimately might undertake -- they are not necessarily additional work for Kosene, Please
let me know your response to these two items, For today, I am going to take the position that CRC definitively will not
undertake any additional work, except that these two items remain under consideration. That allows me to back off
performing the median and pond grading work if you so direct. KPH
----- Original Message -----
From: ,K.<::l.dP-"Jj!;l9s'
To: EQn_C.~t~[
Cc: 1...~_sOIQ~
Sent: Wednesday, June 04,2003 12:10 PM
Subject: Re: Kosene Development
Generally, T agree with you whole-heartedly, and I agree with you in this instance with two exceptions: (1) median work
historically has been a CRC undertaking, .in large part because it involves work in the right-of~way; and (2) I think that the
strip south of the pond has to be regraded because of a road that we've required -- it doesn't relate to use. Les, would you let
Ron and me know ifT'm wrong about point (2)?
----- Original Message -----
From: Ron Carter
To: Karl P Haas
Cc: Edmund Burke; Bob BaUreall ; Rick Sharp; John Koven; Steve Engelking; Jim Brainard; Les aids
Sent: Wednesday, June 04, 2003 10: 13 AM
SUbject: Kosene Development
Karl:
In response to your message involving the Kosene Project Agreement for Parcel 2, I am not interested in
providing them with any further assistance, including paying any dollars for any of the items involved in Les
Olds' letter of May 28,2003 addressed to you.
My feeling is that what they are proposing is the second choice for what we had wanted there in the original
plan. I am concerned that we are getting too much residential in the City Center and not enough commercial.
Our original intent was to have a very good daytime population so that we have appropriate traffic levels for the
City Center shops and restaurants during the daytime, not just in the evening. Thus, I don't feel comfortable in
subsidizing a use that is not our first choice and will not vote to do that.
Ron Carter
6/5/2003
"f
U ~J..l:l?,~
A.::'/'''Y'..' /."
lillig, Laurence M .. ... .. f-;'j~ ffr:. ~ "\(~
From, Karl P Haas [kPh@wsh'a~-:iomJJtf7~ ~
. c:;\ D J(vJJ ~ J
TueSday,.June 03,2003 1 ;~M O~S /2)
Marvin Mitchell; Gerald Kosene; tl@hllllardkosene.com
V.~ / /
Steve Engelking; Ron Carter; Rick~SbarlP;-Mpf.~~~ey, Phyllis G; Mielke, Sherry S; Lillig, Laurence M;
John Koven; Ed Burke; Bob Battre'at;'Weese;--Kate K; Les Olds
Subject: Fw: Carmel City Center Parcel 2'- Kosene Project Agreement 230550S
u
Page 1 of2
~.
\,
Sent:
To:
Cc:
Marvin, Jerry, and Tad -- I am forwarding to you the email that I sent to the CRC Members with respect to Les' open work
items letter. The responses that I've received have been supportive of the positions that I proposed, so, as we discuss these
issues tomorrow, you can expect that we will take the position set forth below with respect to each open work item. KPH
_m_ Original Message -----
From: Karl P. Haas
To: Steve Engelkinq ; Ron Carter; Morrissey. Phyllis G ; Mielke. Sherry S ; John Koven; Ed Burke; Bob
Battreal ; Rick Sharp; Les Olds
Sent: Wednesday, May 28, 20034:55 PM
Subject: Fw: Carmel City Center Parcel 2 - Kosene Project Agreement 230550S
Attached is a letter from Les identifying the work items that remain at issue with Kosene. This message addresses those
work items point-by-point, so it may be handy if you can view Les' letter and my message simultaneously.
In general, I think that most of the work items should be the responsibility of Kosene. iN e have not promised a buildable site,
and the only work to which we have committed is removal of the excess dilt piles.
However, in the spirit of compromise, I'd propose the following:
1. This is an item that Kosene requested CRC to provide from the very beginning. So far, we've declined, but, now that we
know the cost, I think we ought to offer to pay 50% with a $12,500 cap.
2. I regard the placement of the west perimeter road as part of Kosene's site planning, and, if that placement requires
landscaping on the AMLI property and the construction of a drainage swale or inlets, then Kosene ought to be responsible for
the cost. However, I will work with Jim Thomas to obtain AMU's consent and any easements.
3. Unlike the west perimeter road, I think that we required Kosene to construct a north perimeter road along the reflecting
pond to match Pedcor's road on the other side. Accordingly, as this is a requirement that we imposed, I think we ought to pay
tor the re-grading, etc.
4. In our deal with Pedcor, I believe that we agreed to pay for eurbcuts, but required Pede or to pay for median cuts. I think
that, consistent with our last deal, we should do the same thing for Kosene. Kosene should pay for the median cut, and we
should pay for the south taper.
Let me know what you think about these responses. Based on Les' letter, I'd estimate that we would be signing on for an
additional $30,000 ofwark, about 35% of what Kosene has requested. Kosene would be paying for around $52,500 of the
work. Les, are these good estimates?
Based on any responses that I receive, I'll address these issues with Marvin Mitchell and Kosene on Monday of next week.
KPH
m__ Original Message _____
From: "Lackey, Angie" <.AL~\'cK~'y_@~:~;gjl1g"n~t>
To: "OIds, Les" <1QIg~.@c_lipjnc,n~t>; "Olson, Bob" <R.QhQ!HflLc_soilll:.Ilm>; <~s"lJgQl.king@g,i,c<!n!1_eUn,!J_~>;
<Plll1itf::hell@111IU\:tk9.!I!>; <kE'h@~wSblrt\y,cQm>; <g<}k@hWi~rclk:Qs~]1g.GQU.!>; <.\:2b..lJd.;~@ingY)T&Qln>;
6/312003
II'
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Page 2 of2
<tl@hillillJ.Qk-9~~(;,_C-9llJ>
Sent: Wednesday, May 28,20033:54 PM
Subject: Carmel City Center Parcell - Kosene Project Agreement 23055DS
*** eSafe has scanned this email for malicious content and found it to be clean ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
6/3/2003
r
~~
.eso
Corporate Headquarters
280 East 96th Street
Suite 200
Indianapolis, Indiana
46240
T 317.848:7.800
F 317.574.0957
www.cSo-arch.com
."':
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May 28, 2003
/)
//
Mr. tsarl Haas
Wallack Somers & Haas
One Indiana Square
Suite 1500
Indianapolis, IN 46204
RE: Carmel City Center Parcel 2 - Kosene Project Agreement - 2305508
Dear Mr. Haas:
I n reviewing your emails regarding the various parts of the project agreement there
are a number of issues that we need to have clarity or resolution prior to the
completion of the Project Agreement. As we work to wrap up the site engineering for
the project a number of issues have come forth that need to be resolved.
,.. I
1. The screening of the south property line with fencing and/or landscape. After
meeting with the Weaver Design Group it was agreed that the south property
line would be screened by a six-foot high white vinyl fence similar to the fence
approved at the Parcel #9. There will be approximately 400 lineal feet of
fence that will set just inside the south property line allowing an additional 4'
of clearance for the developer to plant the hybrid poplar trees for screening.
The estimated cost of installing the vinyl fence along the property line is to be
approximately $25,000.00
2. Since the west perimeter road runs along the Amili property line an
agreement will have to be resolved between Kosene and Amili to allow for
landscaping to be placed on Amili's property to provide a tree lined street as
well as some limited screening to the back of the,Amili buildings. The cost of
this landscaping and approval by Amili' will need to be resolved prior to the
signing of the projec;t agreement. In addition there may be some sort of
drainage swale or inlets required to drain this area. The est,imated cost of
this work is $20,000:.00 to $25,000.00.
3. The north perimeter road whi'ch abuts the reflecting pond requires an
elevation change of approximately 18" - 24" that will require that the existing
shrubs along the. south property line of the reflecting pond will have to be
removeq, regarped, with pos$Jble 'additional drainage supplied and ground
cover repaired'.orreplaced: Thec'ost of this workis'estimated-to be between
" '$10,000.boanq$.t5~POQ.OO., ,,", " ,,' ,,' ,',' "",., '" ,', ' . " . .~',",' ,
4" ~Th~ A1~gj?n'c4t6,&'1r;fiitg'Ay~ci~~'p~r.thi:!.aQRfQ'{~I'of.the,CJtYJ~ngif1~~r;Els', ~', ,.:
,;,well ~s .the,' m'Qaif!,c~Hqn~'of';tn'e,ta~et~Vthe,;sq8t~'q~'l'bcutf9r th):i.:'~pseri$.sire>-' ,
..- willtn1ye t9 benioqlfledWhi~hwilLres'plt in<3.ri~cfg.itiQn~I'cQ<~JQ{~'PRrqiini~te)y' "
, . $1'5; 000:00 and $2'q,'00Q. DO' forthe m'edia'h cut-anti'the t~p~"irew6rk. '" .' . "
"
,.
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Mr. Karl Haas
May 28, 2003
Page Two
The city staff is currently reviewing Weaver Design Group's Construction Documents
and hopefully will be forthcoming in the next week with their comments and/or
approval for the work. The above items are currently being incorporated into the site
engineering documents being prepared for the Kosene project. We look forward to
an earliest response regarding the final disposition of the listed efforts.
Very truly yours,
lal
cc: Ed Burke
Steve Engleking
Gerald Kosene
Tadd Miller
Gary Weaver
Kate Weese
Lawrence Lillig
Marvin Mitchell
Bob Olson
File
-....- ---~.--- .- -,----",-,--- - -...-~ --------"" -~
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Corporate Headquarters
280 East 96th Street
Indianapolis, Indiana
City of Carmel
Att'n: Lawrence Lillig
1 Civic Square
Carmel, IN 46032
Suite 200
46240
T 317848.7800
F 317.574.0957
www.C8o-arch.com
4~.03:2.+ 7?:~:E:;
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KOSENE
PARCEL #2a
(South half of Parcel #2)
Date
7/9/02
Mtg: Proposal presented by Gerald Kosene and Gary Weaver
townhouses with elevators in some units
8/13/02
Mtg: Kosene appeared at meeting, noting importance of curb cut locations on parcel
2/12/03
Mtg: Announced at meeting that Kosene is requesting waiver of fees, (DOCS & Utilities)
c
2/26, 3/3, 3/10
Emails between CRC members, advisors & City staff re: waiver of fees
3/3103
Haas recommended approach for project agreement and site plan emailed to CRC and advisors
3/12/03
Mtg: Discussion about waiver of fees for Pedcor [and Kosenel_ Resolution from Haas will be brought to next meeting.
3/19/03
Development Plan at Technical Advisory Committee, 50-03 DP/ADLS
4/16/03
Mtg: Weaver and Miller presented plans and drawings for project. Requested alternate plan, depending on market.
No resolution re: fees presented at meeting.
5/9/03
Project Agreement being '.'fine tuned", per email from Haas.
c
z:excel:redevcomm\kosene briefing sheet
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CiE!Y1MEN~fof~~~el
Division of Planning & Zoning
Les OIds
CSO Architects ' I
280 East 96th Street, Suite 200 ,-
Indianapolis, IN 46240
..,': '~8 ApiiJ2003 ,
./ t/~'- --, ,-:,', <>.,
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Re: Docket No. 50-03 DPIADLS; Car1"neICity.C,eniir; Tract 2a - Kosene & Kosene
Via U.S. Mail & Facsimile (31715 74-0957)-
Dear Mr. Olds:
Following are the Department of Community Services' comments on the proposed Kosene
& Kosene condominium project to be located at Carmel City Center, Tract 2a:
Application:
o Docket No. 50-03 DP/ADLS has been assigned to this project. Please refer t6 this number in
the subject of all correspondence related to this application.
. The Filing Fee for the DP/ADLS petition cannot be calculated at this time. Please provide a
Legal Description of the property that specifies the acreage of the site.
o Will the condominium complex have a project name?
Condominium:
o Please refer your client to IC 32-25 for the statutory requirements for Condominiums.
o The current Filing Fee for Condominiums is $1040.00 per plat.
o In accordance with the requirements of the Hamilton County Auditor's Office, the plat will need
to be certified by the Department of Community Services and the Department of
Communications. Once the project has been heard and approved by the Plan Commission
Hearing Officer, I will provide you with the language for these certificates.
Addressing:
o Will the private loop road within the project have a street name?
o Department of Communications Operations Supervisor Bill Akers's TAC correspondence of
March 17, 2003, indicates that addressing will be accomplished once final plans have been
developed.
Page 1
ONE CIVIC SQUARE
CARJI,.fEL, INDIANA 46032
317/571-2417
o
o
Development PlanlADLS:
. Please coordinate with Fire Marshal Gary Hoyt of the Carmel/Clay Fire Department to
determine adequate pavement widths and curve radii for the loop road.
. As a private drive, the Cannel Police Department may not feel they have the authority to
ticket/tow vehicles parked on the outside of the loop road. How does the developer propose to
~..l,;J-e"'s +..~~ ....o+o....+~a.1ly rl"nn-,,1'''''''''' par~':.n g sl"tu'atl'on?
auUl i:) UlliJ'p \..\".II..lL.L J.~ '\,J.L.L J..5""'.LVu.u .n.:.u ." ....
. fu order to minimize the temptation to drivers to utilize the access points as inlout, please lessen
the curb radius on the south side ofthe, entry curb cut and on the north side of the exit curb cut
This will also have the effect of increasing the amount of perceived green space along 3m
Avenue Southwest adjacent to the project. Ple.~e contact the Department of Engineering to
determine an appropriate radius.
. Where sidewalks meet curbs, handicap-accessible ramps need to be installed.
. Please carry the sidewalk along 3rd Avenue Southwest through to the south property line.
Sidewalks within public rights-of-way need to be a minimum of five feet in width.
. Please provide a count of all on-street parking spaces. fu order to make an accurate assessment
of parking, the Department will need to see the plans for garage/underground parking areas.
The minimum requirement for multi-family housing is two spaces per unit.
. Dumpster/compactor sites do not appear on the plan. How is trash service accommodated?
· Has mail service been discussed with the Post Office?
As this project progresses, the Department will need to see:
o Landscape Plan
· Lighting Plan
o Elevations of all buildings
· Sign Plan
o Construction Pla..'1S
If I can be of any further service please feel free to contact me at (317) 571-2417.
Sincerely,
od~' ~.
.Plarmi"fig & Zoning Administrator
Department of Community Services
Cc: Kate Weese, City Engineer, Department Of Engineering
Bill Akers, Operations Supervisor, Depar1Inent of Communications
Gary Hoyt, Fire Marshal, Carmel'Clay Fire Department
ClliefFogarty, Carmel Police Depar1Inent
Page 2
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
MAR 17 '03 05:04PM
P.1/1
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("1'(io/l(' () 17) 77.,-8495
'Fax (.117) 776"';1b:1S
Maroh 17, 2003
1jfoL-S
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CSO
Attn: Mr. Bob Olson
280 East 961h Street, Suite 200
Indianapolis, IN 46240
VIA FACSIMILE; 574.0957
Re: Carmel City Center Project
Dear Mr. Olson:
We have reviewed the plan submitted on March 3,2003 for this project and we have the
following comments:
1. The project is located in the Fertig Watershed. This watershed has an allowable discharge rate
of 0.24 cfs per acre.
2. An outlet permit is required. The application is available on our website at
www.co.hamilton.in.us. Linkto Departments, tlten to Surveyors.
3. Please forward the construction documents and drainage report for our review.
Please call me with any questions. Thank you.
Sincerely, /
~~~
Plan Reviewer
Co: Carmel-Engineer
Carmel-DOCS
Hamilton County Deportment of Soil Conservation Setvices
Hamilton County Highway Department
li
CJ
Dobosiewicz, Jon C
From:
Sent:
To:
Subject:
Akers, William P
Monday, March 17,20034:11 PM
Dobosiewicz, Jon G; Lillig, Laurence M
TAG Meeting
3 "DP I )'l1X-
-"'0/0
o
I will be unable to attend the TAC meeting on Wednesday March 19th. Below are some comments I would like to have
passed on Please:
Indiana Development Training Center----No comments
Meridian North Medical----The address for this property will be off , what wiill be corrected as W Smokey Row Rd(not W
136th St). it will not get a Meridian 8t address. (Ask Laurence for clariflaction on this...Public Safety will not allow it to be off
of Meridian st unless there is access off of there). The Medical office next door was addressed incorrectly when it was
assigned a long time ago. I'm not going to continue addressing incorrectly. just because someone else did it that way. I
believe Adam was advised of an address a couple years ago on this. The only change..is it should be W Smokey Row Rd.
not W 136th 8t.(as mentioned above}.
Mark Swanson Building--Will have to get back with them on address...need to check to make sure the address they say
works in that area.
Town Pointe----I will need a street name for "A" and "B"(stub street). I would like to see a monumnet sign put up as you
leave Village of West Clay and enter this neighborhood(President Street). Easier for Public Safety to find it.
Wexley Chase----working on addresses now--would like to see Monument signs seperating the two developments they
border with (Aberdeen Bend & Hayden Run).
Ballantrae--n-Need 1 street name
Eagle Ridge----Revised addresses completed---lf Dave has not received them..please let me know and I can get him the
list.
Meridian Music-----Still thinking about address assignment---the previous one give to Gary Murray will not work..(he IS
clear}. I will give him one as soon as possible.
\Q~'[Q;JeiOit~~~n:~~~arCel?A~NO comments at this time...will wait to see future building layouts/plans.
Thanks for passing this along.
Bill
Bill Akers
911 Operations Supervisor
IDA CS Coordinator
Carmel Communications Center
311st Ave NW
Carmel,/ndiana 46032
Office# 317-571-2586
Voice Mai/# 571-2577
FaX# 571-2585
Pager# 365-0061
Ce/l# 727.8507
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CARMEL/CLA Y TECHNICAL ADVISORY COMM1;lT&~ JlcJoc
AGENDA /A'D ~J ~
.n'1 {):3 "D P \(.\..\ j,J>. v.)-
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Date: March 19, 2003
Place: Department of Community Services Conference Room
3rd Floor - Carmel City Hall
9.00 H m
9'?0", m
9'40", m
10.00 ;1 m
10.10 H m
10.')0 H m
Indiana Development Training Center (Development Plan)
The applicant seeks to construct a building addition. The site is located at 11075
North Pennsylvania Street. The site is zoned B-5/Business.
Filed by Richard F. Steldt of Richard F. Steldt and Associates for J B. & M. J M.
ofIndiana, Inc.
Meridian North Medical (Development Plan)
The applicant seeks to construct a multi-tenant building. The site is located at the
southwest comer of 136th Street and US 31. The site is zoned B-5/Business and
is within the US 31 Overlay Zone.
Filed by Adam Dehart of Keeler - Webb Associates for F. C. C. Development
Corporation.
Mark Swanson Building (Development Plan)
The applicant seeks to construct a multi-tenant building. The site is located at 550
East l06th Street. The site is zoned B-5/Business and is within the Home Place
District Overlay Zone.
Filed by Mark A. Swanson.
Towne Pointe' (Primary Plat)
The applic.ant seeks approval of a Primary Plat for a 28-10t residential subdivision
on 25. H acres. The site is located on the northeast comer of West 131st Street
and Towne Road. The site is zoned S-l/Residence - Estate.
Filed by the Elliot Wright Group, LLC.
Wexley Chase (Secondary Plat and Construction Plans)
The applicant seeks approval ofa 40-10t residential subdivision on 29.974::1: acres.
The site is located on the north side of West 126t1l Street, ~ mile west of Towne
Road. The site is zoned S-I/Residence - Estate.
Filed by David Warshauer for GWZ-2 Development, LLC.
Ballantrae Subdivision (Primary Plat)
The site is located on the south side of 146lh Street 1/4 mile west of Spring Mill
Road. The site is zoned S-1 /Residence - Very Low Intensity.
Filed by David Barnes of Weihe Engineers, Inc.
-Next Page-
Panhandle Eastern Pipeline Co.
has no company Facilities
involved ~.thi1Project
_~~t:2M:t-~,3- /3-tJ3
Si9zrJ Date
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.Eagle Ridge Subdivision, Section 1 (Secondary Plat and Construction Plans)
The site is located on the north side of West 116th Street, 1/4 mile east of US 421.
The site is zoned S-l/Residence - Estate.
Filed by David Sexton of Schneider Engineering for Dura Development, Inc.
Meridian Music (Development Plan and Secondary Plat)
The site is located at 100 Providence Blvd. The site is zoned OM/V (Old Meridian
I Village).
Filed by Frederick A. Simmons of Simmons & Associates for JAM Musical
Properties.
Carmel City Center Parcel2A, Kosene & Kosene (Development Plan)
The applicant is proposing office and retail buildings. The site is located at the
southwest corner of3rd Avenue SW and City Center Drive.
Filed by Bob Olson of CSo. 50 - c:3 'V f' /A'Ot'-S
f'lanhi1indle Eastern Pipeline Co.
;'1a@ no company Facilities
.~S.v. ~d~ t~s project _
Si,~1:.122~ ,L/3-{J ~
?!!fIr Date
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NATURAL RESOURCES
PLAN REVIEW AND COMMENT
Hamilton County Soil and Water Conservation District
1108 South 9th Street, Noblcsvillc IN 46060
Pb- 317-773-1432 or Email at john-south@iaswcd.org
Project Name- ~ 'City ee=i;{tef;Ratc:er2Y\~
Location- The West side of3rd Ave. SW, North of Gradle Drive
Sec. 36 T-18N R-3E
Acreage- 4ac??
Owner/Developer- Kosene and Kosene
'3 J) p/l41)L
'50-,,0
Engineer- Mr. Bob Olson
CSO
280 E. 96th Street, Suite 200
Indianapolis, IN 46240
Plan Review Date:
March 14, 2003
Soils Intonnation:
Brookston siIty clay loam- this soil is dark colored, silty in texture and on depressional uplands.
It is deep and very poorly drained with moderate permeability. It has high available water for
plant growth and high organic matter content. It has compact till starting at a depth of 40 to 60
inches. The main soil features that affect the urban development uses are seasonal high water
table, high potential frost action, moderate shrink-swell potential, moderate permeability and
ponded surface water.
Crosby silt loam; 0-3 percent slopes- this soil is light colored, silty in texture and on sloping
uplands. It is deep and somewhat poorly drained with slow permeability. It has high available
water for plant growth and medium organic matter content. The soil has compact till starting at a
depth between 20 --40 inches. The main soil features that affect urban development uses are
seasonal high water table, moderate shrink-swell potential, high potential frost action and slow
permeability.
Miami silt loam, 2-6 percent slopes- this soil is light colored, silty in texture and on sloping
uplands. It is deep and well drained with moderate permeability. It has moderate available water
for plant growth and a medium organic matter content. It has compact till starting at a depth
between 20- 40 inches. The main soil features that adversely affect urban development uses are
moderate potential frost action, moderate shrink-swell potential, moderately slow permeability,
low strength and erosion during constmction.
Additional information about soils is available in the "Soil Survey of Hamilton County". The engineer andlor
developer should consider the need for an onsite soils investigation.
I have reviewed the preliminary plans for this project and no additional comments.
'"
u
Submitted By:
John B. South P.E.
Certified Professional in Erosion and Sediment Control
Cc: Jon Dobosiewicz, Cam1el DOCS
Jenny Chapman, County Surveyor
File
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One eiv!:; Squ;ue
Carmel, IN 4E032
(317) 571-2417
Fax: (3fT) 571-242~
To: &?'.~
Fax: ..5 /' Lj - /J' 9.5 7
Phone: g'i cr - 7 ytr()
From' r..-
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Re:
eel
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Tingley, Con n ie 5
From:
Sent:
To:
Cc:
Subject:
Dobosiewicz, Jon C
Tuesday, March 11, 2003 6:02 PM
Tingley, Connie S
Lillig, Laurence M; Hollibaugh, Mike P; Brewer, Scott I
Docket Number Assignment - (DP/ADLS); Carmel City Center Parcel 2A, Kosene & Kosene
(Development Plan & ADLS)
Connie,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
Docket Number for the Carmel City Center Parcel 2A, Kosene & Kosene (Development Plan & ADLS). It
will be the following:
50-03 DP/ADLS $0
Total Fee: $0
Docket No. 50-03 DP/ADLS; Carmel City Center Parcel2A, Kosene & Kosene (Development Plan)
The applicant is proposing office and retail buildings. The site is located at the southwest comer of 3rd Avenue
SW and City Center Drive.
Filed by Bob Olson of CSO.
Please note the following:
. This Item was placed on the March 19, 2003 agenda of the Technical Advisory Committee.
Please contact Mr. Olson at 848-7800 (Fax: 574-0957) with this information.
return it to my office. V
~
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Once the file is updated please
Thanks,
Jon
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SITE CONSTRUCTION
"
PLANS FOR:
C~TY
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PARCEL 2A
REFERENCE MAPS:
KOSENE &
CITY OF CARI:IlEL
ClAY _. 1WIIL1tl!t COUIf1Y
~OCATION MAP8
~CINJTY MAP _
USGS MAP
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City of Carmel
Fire Department Headquarters
2 CIVIC SQUARE
CARMEL, INDIANA 46032
Voice (317) 571-2600 Fax (317) 571-2615
Fire Prevention Bureau
O. - 031>P } IFf)L
5'
Bob Olson
CSO Engineers
280 E. 96th St. Suite 200
Indianapolis, IN 46240
RE: G:~.~&.9l!Y_ C~ntc:u:;JkQS~l)e"'&LResene'\J~i:eJect,Ji!.aliceL2B" .
LETTER OF APPROVAL
The undersigned has reviewed the proposed plans for
Carmel City Center, Kosene &. Kosene Project, Parcel 2B
and has approved the plans subject to the following:
1. Are any of the proposed buildings to be sprinklered buildings? If so a meeting will need to be set
up to discuss the location of the Fire Department Connection. We would also request an exterior
access door directly to the riser room.
2 Our office would like to request a meeting to discuss the addition of fire hydrants along core
streets separating certain buildings in the project.
3. Will any of the buildings have a basement?
4. If the building(s) is provided with a fire alarm system, we request that the fire alarm enunciator
panel be located at the main entrance of each building(s).
5. Will the project have an underground parking facility? If so will that structure be protected by an
automatic fire suppression system? What is the maximum number of vehicles that could use
this structure?
6. We are requesting that a Knox Box be installed on each building or a centrally located mail kiosk
for fire department emergency access.
7. What is the planned use for the structures? Are they residential or commercial or both?
8. I have provided a specification sheet detailing our apparatus turning radii and measurements.
Please use these specifications in designing street widths and turning clearances for this project.
Please respond to the above noted condition(s) in writing and submit to our office prior to the
scheduled Technical Advisory Meeting for this project.
Date: March 6, 2003
By: Gary Hoyt, Fire Marshal
Carmel Fire Department
;..
Glacier
Page 1 of2
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Lillig, Laurence M
From: Hollibaugh, Mike P
Sent: Tuesday, March 04, 200310:t6 PM
To: Lillig, Laurence M.7 _ ..\ Jtl,
c>o . RECFIVED """
NAR 5 2003
h~ ~
-----Original Messa~-x-- DOCS
From: Engelking, S v~ ~
Sent: Tuesday, MarclitOj)-1~tl.6~.~~~~
To: Brainard, James C ~
Cc: Weese, Kate K; Hollibaugh, Mike P; Duffy, John M
Subject: FW: Kosene Project Agreement and Site Plan
Forwarded for you information.
-----Original Messagem--
From: Karl P. Haas [mallto:kph@wshlaw.comJ
Sent: Monday, March 03, 2003 5:48 PM
To: Steve Engelking; Ron Carter; Rick Roesch (Home); Morrissey, Phyllis G; Mielke, Sherry S; Luci
Snyder; John Koven; Ed Burke; Rick Roesch (Work)
Cc: Les Olds; Jennifer R. Shoup
Subject: Kosene Project Agreement and Site Plan
This is the approach that I want to take with respect to the Kosene Project Agreement and site plan.
- The Project will be divided into 2 Phases to be shown on the site plan_
- Kosene will pay $550,000 for the First Phase Site, being the west % (approximately) of the
land,
- Kosene will be obligated to build one 4-story building with 22+ flats beside the reflecting
pond.
- After Kosene builds the 4-story building, Kosene will be able to finish the First Phase
Project by building townhouses or flats. in locations shown on the site plan.
- The site plan will specify the locations of buildings but will not specify whether Kosene
builds townhouses or flats in those locations.
- CRC will approve prototype designs for townhouses and flats, and, whichever Kosene
elects, it will have to build the approved prototypes.
- Kosene cannot proceed with the Second Phase until the First Phase is substantially
completed or sold out.
- There will b.€ an outside date of 2 years after the First Phase closing for Kosene to close
on all of the Second Phase land,
- During that period, Kosene can take down pieces of the Second Phase land, so long as
the land remaining is not landlocked and has access and utilities
3/5/2003
,.
Glacier
3/512003
Page 2 of2
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- Kosene will pay a total of $450,000 for the Second Phase land, prorated on a per acre
basis if Kosene takes down the land in pieces,
- Kosene will not be obligated to take down the Second Phase land or build the Second
Phase, but, if it does take down part, it will be obligated to build on that part,
- Whatever land is left after 2 years, CRC may sell to another developer, Because the land
will be served by the infrastructure Kosene pays for and installs, any remaining land ought
to be sufficiently valuable to so that we can get our price from another developer.
- Again, the site plan will specify the locations of buildings but will not specify whether
Kosene builds townhouses or flats in those locations,
- However, there is one exception: only a second 4-story building can be built beside the
r:1ond so that there are lvaIo large residential buildinqs that correspond to Pedcor's office
l:Luilding~,
- Kosene will not have to build the second 4-story building or buy the piece of land on which
it is to be located. On the other hand, if Kosene buys that piece, it can only build another 4-
story building.
This scheme provides the maximum flexibility to Kosene, protects Kosene against having to build
uneconomic units, and, on the other hand, protects the integrity of City Center (or, at least, allows CRC to
decide whether to forego construction of a second large 4-8tOI)' building that balances the Pedcor office
buildings across the pond).
KPH
*** eSafe has scanned this email for malicious content and found it to be clea
')d* IMPORTANT: Do not open attachments from unrecognized senders ***
Page 1 of 4
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Lillig, Laurence M
From: Hollibaugh, Mike P
Sent: Tuesday, March 04, 2003fi8;T6-~~
To: Lillig, Laurence M ~
Subject: FW: Kosene Utilit{Y Fee w?ot;/.e~
ao IIt.CF/VED
this too 'fAR 5 2003
-----Original Message----- it'" DOCS
From: Engelking, Steve C
Sent: Tuesday, March 04, 20031699~AM \,~
To: Duffy, John M; Hollibaugh, Mike!P !!J :w
Subject: FW: Kosene Utility Fee wa[;iers
FYI. I have forwarded this to the Mayor also. Mike, I told the Mayor that the DOCS fees should be handled in a
similar manner to that discussed by Koven herein. He suggests that they should be paid by the eRe, if not be the
developer. .
-----Original Message-----
From: Karl P. Haas [mailto:kph@wshlaw.com]
Sent: Monday, March 03,20035:14 PM
To: Koven, John R
Cc: Steve Engelking; Ron Carter; Rick Roesch (Home); Morrissey, Phyllis G; Mielke, Sherry S; Luci Snyder; John
Koven; Ed Burke; Rick Roesch (Work)
Subject: Re: Kosene Utility Fee Waivers
Thanks for the perspective. I'm passing this along to the rest ofthe CRC email Group. KPH
----- Original Message -----
From: "Koven, John R" <JKoven@ci.carmel.in.us>
To: '''Karl P. Haas It, <kRh@wshlaw.com>
Sent: Sunday, March 02,20038:02 PM
Subject: RE: Kosene Utility Fee Waivers
> I think that we are setting a precedent that I do not want to start. I was
> opposed to the Pedeor waiver of fees, but was not present when the vote was
> taken to express my views. These are not eyesore properties that we are
> trying to redevelop. We didn't waive these for AMLl and should not for
> anyone else. Besides these are not our fees to waive. Just what role are we
> playing - the ruling body of the City? I think not. Perhaps we, the
> RedevelopmenrCommission, should pay these fees for our developers so that
> the Carmel Utilities and there consumers don't come out on the short end and
> then let's see which of US steps up to the table and votes to take on that
> expense. Ttis too easy for us to waive fees that rightfully aren't ours to
> waive and belong to others and to approve the spending of money which has
> been entrusted unto us for the good of the community when there is no public
> accountability. It is not a decision that AN'Y of us would make with our
> resources.
> -----Original Message---~-
> From: Karl P. Haas
> To: Steve Engelking; Ron Carter; Rick Roesch (Home); Morrissey, Phyllis G;
> Mielke, Sheny S; Luci Snyder; John Koven; Ed Burke; Rick Roesch (Work)
> Cc: Jennifer R. Shoup
> Sent: 2/26/2003 12 :42 PM
> Subject: Kosene Utility Fee Waivers
>
> Yesterday, Jolm Duffy, Steve Engelking, and I met to discuss: (a)
3/5/2003
u
1: > utility fee waivers for Kosene; and (b) CRe's on-going policy toward
> utility fee waivers. John requested the meeting to address his concerns
> and make a proposal concerning how to handle utility fees in City
> Center.
>
> John had three major concerns:
>
> 1. Because his Department funds capital improvements through
> availability and connection fees, fee waivers reduce the money available
> to improve and extend the utility systems (e.g., the improvements made
> at the Old Town project). In short, even isolated waivers of fees have
> a definite [mancial impact on the Department.
>
> 2. If the fees are waived for the Kosene project, then waivers will
> be established as the rule for redevelopment projects, rather than the
> exception, and the aggregated fees waived will have a substantial
> financial impact. John is further concerned that the practice of
> waiving fees may spread even beyond redevelopment projects.
>
> 3. particularly in the case of waivers for residential projects,
> there is the possibility that complaints will be made to the IURC,
> which, in turn, could take some action against the Department.
>
> John recognized the economic difficulties inherent in redevelopment
> projects and that fee waivers have been llsed as incentives by other
> municipalities. However, his point is that, perhaps, a distinction can
> be drawn among projects based on their economic viability.
>
> Two City Center projects serve as an example: (a) because there was a
> high demand for apartments in Carmel, AMLI was willing to pay a high
> price for its land and was not given fee waivers; but (b) given the
> current economy and the low demand for new office construction, more
> incentives (i.e., fee waivers) were required for Pedcor in order for CRe
> demand and get $550,000 for the First Phase.
>
> At tlus point, it might be helpful to quickly run through the City
> Center projects and how fees were handled in each:
>
> AMLI: No waivers, but a favorable calculation for cOlUlection fees
>
> Ryland: No waivers
>
> Kestner: No waivers
>
> Hoosier: No waivers
>
> Shapiro: Waivers of all fees
>
> Pedcor: Waivers of all fees
>
> It might also be helpful at this point to outline the utility fees that
> KosenewiIl have to pay for the entire project (approximately 50% of
> each fee will be paid with respect to the First Phase):
>
> $11,875: Availability fee
>
> $55,437: Connection fees for a 96-unit project
>
> $71 ,029: Connectiun fees for a 1 23-unit project
>
> These are based on the favorable AMLI calculation.
3/5/2003
Page 2 of 4
u
u
.. >
> In addition, there will be "Hollibaugh" fees and impact fees. The
> impact fees will be $50,592 for a 96-unit project and $64,821 for a
> 123-unit project. I don't have thc "Hollibaugh" fees, but they are
> probably $10,000 to $20,000 depending on the number of inspections.
>
> So, total fees (utility, impact, and "Hollibaugh") for a 96-unit project
> would be in the neighborhood of $130,000, and total fees for a 123-unit
> project would be around $170,000.
>
> Now, returning to the distinction among projects -- the thought is that
> we could be more generous for office and retail projects and should be
> less generous for residential projects, all of which is basically
> (though, perhaps, accidentally) consistent with our past practices (and,
> probably, with economic realities).
>
> This may even form the basis for a CRe: policy on fee waivers.
>
> On the other hand, we need to consider that, for all developers,
> including Kosene, money is largely fungible. There is a certain total
> amount that Kosene will pay to do this project because he's limited by
> market demand for his units and what price the market will bear.
> vVhether Kosene spends money for land, enhanced quality, or utility fees
> will be, to a great extent, irrelevant to him.
>
> In other words, as we require better quality in our projects than the
> market otherwise would require (e.g., full brick on the backs of
> buildings), a developer will agree to spend less for our land, unless
> the developer gets a break on fees. Correspondingly, we can require
> higher quality and demand full payment offees, but we'll have to reduce
> the price of our land to accomplish this.
>
> There's almost a $ for $ tradeoff. If our goal were to maximize the
> price for our land, we'd cut the quality requirements and get all fees
> waived. Certainly, I'm not proposing this, and it's certainly not what
> we're in the business of doing, but it stands as an economic reality.
>
> Now, let me outline for you John's proposal. Given all of the competing
> considerations, I thought that Jolm's proposal had real merit, and I
> plan to use it as the basis for negotiations with Kosene. It may not be
> where we end up, but, unless you instruct me otherwise, it's where I'll
> start and hold .firm as long as possible.
>
> John's proposal:
>
> 1. Kosene will pay availability fees when he breaks ground. This
> could be handled on a building-by-building basis, so the full $11,875
> would be paid over time as he breaks ground on individual buildings.
> Remember that the fee for the First Phase would be roughly have of this
> amount, anyway, or around $5,900.
>
> 2. Kosene will begin paying connection fees when meters are set.
> Then, the fees can be paid in installments over 10 years with low to no
> interest.carry. This is consistent with the manner in which the
> Utihties Department charges individual home owners when their property
> is connected to sewer. So, the connection fees for the First Phase
> would be $28,000 to $36,000 spread out over 10 years from when meters
> are set (i.e., probably over 11 to 12 years from closing). I haven't
> made the calculations, but I'd estimate that the present value of these
> payments is $20,000 or less for the First Phase.
>
3/5/2003
Page 3 of 4
u
u
> With spreading payments out over a decade at low interest, we should be
> a long ways toward addressing any cash flow issues that an up-front
> payment offu11 fees would pose for the Kosene project.
>
> Of course, this still leaves us with the impact fees, but one issue at a
> time, I guess.
>
> Let me know your thoughts.
>
>KPH
>
> *** eSafe has scanned this email for malicious content and found it to
> be clean ***
>
> *** IMPORTANT: Do not open attachments from unrecognized senders
>
>
>
>
3/5/2003
***
Page 4 of 4
u
~__-,. Corporate Headquarters U
~ 280 E. 96th Street, Suite 200
l.: ~.J Indianapolis, Indiana 46240
C S 0 T 317.848.7800 F 317,574.0957
www.cso-arch.com
u
~:' b~~t~~.,4tt:Tra~:s'~lttar; r
TO: Carmel DOCS
One Civic Sq uare
Carmel, Indfana 46032
DATE: February 28,2003
PROJECT NO: 23055C
ATTN: Mr. Jon Dobosiewcz
CONTACT PHONE: 571-2417
WE ARE SENDING YOU:
THESE ARE TRANSMITTED:
D For approval
D For your use
o As requested
r:8'I For review and comment
o Reviewed as submitted
D As noted
D Revise and Resubmit
o Rejected
D Resubmit for approval
o Submit for distribution
o Return corrected prints
o Other:
REMARKS:
Attached is a copy of the Preliminary Development Plan for the Kosene & Kosene project located on
Parcel #2 of the City Center Project, along 3rd Street south of City Center Drive. We are making this
submittal on the behalf of the Carmel Redevelopment Commission and Kosene & Kosene for your
review before the next TAC meeting held in March. If you have any questions please feel free to
contact me at 706-2497. Thank you, Bob Olson, CSO Engineers.
CC: FILE
LES OLDS
By: Bob Olson
D 1-HR Courier 0 3-HR Courier D Fed-Ex 8:30 A.M. Delivery
D Fed-Ex Saturday Delivery 0 Fed-Ex 3:00 P.M. Delivery
D Fed-Ex 10:30 A.M. Delivery
[gJ Hand Delieved
D Fed-Ex Ground
IF ENCLOSURES ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE.
Document2
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January 22, 2003
Mr, Tad Miller
Kosene & Kosene
4495 Saguaro Trail
Indianapolis. IN 46268
RE Carmel City Center Parcel #2 Design Approval
Dear Mr, Miller:
This letter will inform you that the Carmel Redevelopment Commission has approved
your Exhibit I and G dated September 12, 2002 covering the perimeter design for site
plan and building elevations. This approval is subject to the submittal of the final
construction documents and plans which were reviewed by the Commission for final
approval of the project If you have any questions regarding any of these above,
please do not hesitate to contact me personally.
280 East 96,h Street
~;r;:
Les . Olds, AlA
Principal
Corporate Headquarters
Suite 200
/cdj
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