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HomeMy WebLinkAboutApplication/HOA Appeal submittalCITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR ACTION APPEAL REQUEST DOCKET NO. Fee: $148.00 DATE RECEIVED: 2)' Project Name: /fE Phone: Engineer /Architect: Attorney: Phone: Phone: Contact Person: Phone: Email: Fax 3) Applicant Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the (c) Other. 4)'" If Item 3) (c) is checked, please complete the following: Owner of the property involved: .--'owner's address; Phone: 5) Record of Ownership: Deed Book No. /Instrument No. Page. Purchase date: 6) Common address of the property involved: Legal description: Tax Map Parcel No.: 7) State explanation of requested Appeal: (State what you want to do and cite the section number(s) of the 8) 9)'� Present zoning classification of the property: vu D BZA Appeal AppN cation pg 1 rev 1228/2010 State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Findings of Fact Appeal 4- kc 44� 10) Present use of the property: 45 /v28 haWRS 11) Size of lot /parcel in question acres 12) Describe the proposed use of the property 13) Is the property: Owner occupied Renter occupied k-11 Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? NOTE: LEGAL NOTICE shall be published in the Indianapolis Star MANDATORY twenty -five (25) days pnorto the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the right of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been il"� Applicant Signature: The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Cornrrunity Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his /her attorney. BZA Appeal Application pg 2 rev. 12!282010 ryph November 14, 2011 d7 on elm ol&man Creousn� �aaaaatcora Mr. Michael P. Hollibaugh City of Carmel Director of Community Services (Planning and Zoning) Re: Traditions on the Monon Zoning and Quality Construction Issues Letter of Determination Dear Mr. Hollibaugh: We are in receipt of your above referenced letter. The extensive review of the many issues and problems involving the Traditions on the Monon community by your office along with representatives of the City of Carmel is greatly appreciated. As you are aware, The Traditions on the Monon development was approved by the Carmel City Council and established as a Planned Unit Development (PUD) District in 2004 via Ordinance No. Z- 464 -04. Throughout the past 15 months, the Traditions on the Monon HOA has exhaustively worked with the City of Carmel to have the most basic elements defined in the PUD implemented by Pulte Homes as detailed in our Transition Issues Report, written on August 20, 2010, and presented to the City of Carmel. The HOA has become increasingly frustrated with the pace at which Pulte Homes has reacted to the PUD issues we have identified. As the President of the HOA Board of Directors, it has been my responsibility to represent the homeowners who purchased townhomes in this PUD community and are taxpayers to the City of Carmel. To date, the Traditions HOA has spent over $6000 of homeowner's funds to detaii the issues and defects in our community, most of which are directly attributable to poor performance by the developer, Pulte Homes. In addition to the money spent, the hours input by the HOA Directors, community members, and the staff members of the City of Carmel have been considerable. Furthermore, we estimate that nearly $250,000 of HOA funds will need to be spent to correct these in addition to unexpected future failures related to the poor performance of Puke and their major disregard of the PUD requirements. We anticipate that the City of Carmel has full responsibility and authority to enforce the PUD and it is time to complete this obligation for the homeowners in the Traditions on the Monon development. An Attachment to this letter provides the detailed response to items the Traditions on the Monon HOA intends to petition to the Carmel Board of Zoning Appeals, as directed in your October 18, 2011 Letter of Determination. The Attachment deals directly with only those items in your Letter of Determination that the HOA wishes to appeal. However, your Letter of Determination indicates that your detailed review of the issues in our community is based upon the "Traditions on the Monon Defects List" dated August 29, 2011, but omits the critically important category of "Building Defects" outlined in the aforementioned Defects List. Additionally, there are three other important areas of concern that the HOA believes are essential, but are not mentioned in your referenced letter. Page 1 L C- �xa�i.�n' ea an ale ox C�ireocan�ixa �raocti�r�i�t These remain as open issues and are considered to be key items that must be addressed in order to facilitate implementation of the PUD and the requirements detailed in the Traditions on the Monon ordinance: 1. Remaining Building Defects 2. Building and Surface Drainage 3. Verification and Enforcement of Repairs 4. Status of the Three Performance Bonds issued by Pulte to the City Remaining Buildinq Defects The Letter of Determination does not address the remaining Building Defects which tend to fall into two categories: Poor workmanship in construction: Item numbers 21 thru 41 on the HOA's Defects list of 8 -29 -2011 have not been fully addressed. In some cases we note that Puke has completed or indicates they will complete the defect repairs. The HOA has not been presented with any inspection reports indicating the work is complete. Some involve city code violations so the HOA would request formal inspection reports by the City of Carmel. Another example, Building 3 has a major structural crack in the building which has been reported to Pulte with no response in 60 Building 3 has a major structural crack in the foundation which has been reported to Pulte and remains without response in 60 days.. 2. Utility installation for pipes and wires: We believe the developer has accountability for working with the utility companies to ensure the utility connections are proper and not unsightly. Communication wires have not been buried, are a tripping hazard to residents and maintenance personal working on the property, and are at risk of being severed for numerous reasons. This is a safety issue and extreme inconvenience to residents who can be without telephone or cable service for several days due to a cut wire simply because it was never buried at the time of construction. An additional safety concern (tripping hazard) are the open pipes /conduit sticking out of the ground that are unlabeled and of questionable functionality. Many of these have been pulled out of the ground on comers or random locations during walk throughs with Puke and the City and found to be construction remnants that do not serve a purpose. Building and Surface Drainage All parties (City, Pulte, HOA) have participated in numerous onsite inspections with regard to building and surface drainage. Full awareness is apparent that the installed building gutter and downspout system is inadequate due to: Page 2 x za 0" l ie C an C��aineousnPixa �oaoctiatc'dre 1. Missing gutters and components on numerous buildings, 2. Improper installation causing building damage. 3. Improper roof drainage onto front door stoops and sidewalks resulting in ice and /or mold build- up. Furthermore, the HOA has provided countless documents noting all of these conditions which include: Water being directed to front door landings Gutter icicle formation completely surrounding buildings; excessive above entryways Mold on sidewalks and stoops Standing water on sidewalks Concrete discoloration, staining, cracking and pitting Side walks have settled and cracked due to the lack of proper surface water drainage Referenced in the Letter of Determination was "Mulch bed restoration" that was attributed to remnants of black corrugated drainage pipe that were removed to improve drainage, but some unfinished areas of pipe removal resulted in mulched bed erosion channels. The determination is that these mulched areas will be restored by Pulte where the need exists, yet this will not resolve the underlying drainage issues. Mulch bed erosion is another symptom of a much larger drainage problem. This ongoing mulch wash -out by the gutter drainage system developed when Puke modified the inadequate "as built" downspout system. This modification was not performed in accordance with the three party agreement of the City, Pulte, HOA during the monthly meeting on February 25, 2011. Refer to item 7 in the Meeting Minutes (See Exhibit A). Gutters /Downspouts Neither Pulte nor the City are able to identify the existence or use of any design standards pertaining to the gutters and downspouts. The HOA has identified a major liability issue concerning ice, icicles, and moss on front entries and sidewalks throughout the complex. The HOA has retained a gutter company to do a building by building audit of the complex. Pulte will also conduct a building by building audit and the two parties will meet to finalize a corrective plan. Agreement by the HOA and Puke to date includes: French type downspout drains should be priority, replacing the current "bubblers All bubblers should be removed. Some building areas will require underground drainage where French drains do not sufficiently remove the water for entryway and sidewalk areas Monon bldgs. Tom Sharp will coordinate meeting will Mike Barden to finalize plan." Pulte took unilateral action to remediate downspout areas which resulted in much more water being directed onto the sidewalks and front door landings. The safety issue is now severe and poses a major liability concern to the HOA. While the Letter of Determination does not address this issue, the HOA is formally notifying the City of Carmel that the building and surface drainage situation remains a critical open issue. The cost to alleviate this problem throughout the PUD community is estimated to be $50,000 to $60,000. Page 3 nw �mdvh a on 11ie a6non (PP&izeowneou Qaaoctcz on Verification and Enforcement of Repairs The fundamental matter not addressed in the Letter of Determination is with regard to ensuring satisfactory repairs are completed by Pulte Homes and inspected by the City of Carmel. Attachments A and C to the Letter of Determination indicate a number of repairs that are noted as "Completed" by Puke Homes. Given Pulte's current performance, the HOA wants to ensure that these "Completed" repairs have been inspected by the City; specifically those where a City Code Violation was involved. The HOA is requesting written confirmation that these repairs have been inspected and verified to be completed per agreements made between all involved parties. Copies of the inspection reports will be sufficient documentation. Pulte's notes simply stating "Completed" in status cannot be confirmed and deemed unacceptable to the HOA wfthout documented evidence of completion. The second part of this issue has to do with the timely completion of the remaining repairs and action items documented in your Letter of Determination. There are no work timetables, no clear deadlines, and no reference to inspections ensuring the repairs are 100% complete. To date, timely completion of agreed -upon repairs has not occurred. We also know by experience that Puke's sub contractor work is typically incomplete, unsupervised nor inspected by Puke. The HOA has repeatedly inspected this work and provided the City with extensive inspection reports that verify the incomplete or unsatisfactory results. The irrigation issue is a prime example. Because the parties (City, Puke and HOA) have failed to resolve the irrigation, landscaping, and street repairs during the 2011 summer and fall seasons, we realize that many of the open issues cannot be accomplished prior to the Spring of 2012. By then, the time expended by all of us will be nearly two years attempting to implement the basic fundamentals defined in the Traditions on the Monon PLID. Therefore, we conclude that much of our frustration centers on the pace of resolution. Status of the three Performance Bonds issued by Pulte to the City The final remaining significant concern is the three Pulte Performance Bonds that were put into place in November, 2010 and held by the City of Carmel. The City agreed to have the developer, Puke Homes, establish these bonds so that the "Occupation Hold" on the final constructed Building 13 would be retracted. The HOA preferred to have a hold on the sale and occupancy of Building 13 to have Puke complete all open items on the Defects List, however, we were driven to the compromise position based on the establishment of the Performance Bonds. The bonds cover parking, landscaping, and irrigation. All parties (City, Pulte, HOA) agreed that the work required to bring these areas into compliance would be completed by July 1, 2011. As the Letter of Determination indicates, the work in all three of these areas was not fully completed by July 1, 2011. Four months later, the HOA is still waiting for open items to be finished by Pulte Homes, and cannot understand why the Performance Bonds were not released to us when Puke defaulted on their commitments.. The HOA has repeatedly requested the City to take action on the Performance Bonds, and we have been told on a number of occasions that the City Attorney had begun the process to draw Page 4 xa� are Oke 9 on C1Ganeeoua�z�xa �aaaaaf'an on the bonds. We respectfully request to be informed of the current status of each of the bonds via written confirmation and an explanation for the delay. In summary, the HOA Board of Directors and the Homeowners of the Traditions on the Monon development are dedicated and focused on finishing the implementation of this PUD community as envisioned by the Carmel City Council and Mayor Brainard in 2004 resulting in. "The Petitioner seeks to redevelop the property to include up to 140 townhome units guided by the enclosed ordinance and standards As such, the proposal (for the Traditions on the Monon development) includes high end, classic styled "For Sale Townhome units to be arranged along intimate streets, landscaped courtyards, or along the Monon Trail. We appreciate your diligence and support during our 15 -month journey to meet this intended development goal defined by Ordinance Number Z- 464 -04, which established the Planned Unit Development District of Traditions on the Monon. Our desire is to have the cumulative efforts by the City of Carmel, the HOA Board of Directors, the Traditions on the Monon Homeowners and Puke Homes result in a beautiful community that meets the requirements set forth in the PUD. Respectfully submitted, Robert Potokar President Traditions on the Monon HOA Attachments: Exhibit A Traditions on the Monon Meeting Minutes cc: Traditions on the Monon HOA Board of Directors Steve Buschmann, Thrasher, Buschmann Voelkel, P.C. Page 5 November 14, 2011 Mr. Michael P. Hollibaugh City of Carmel Director of Community Services Division of Planning and Zoning an atieP-I&nan C- JGamaeausneira C>4��wociatian Re: Appeal by The Traditions on the Monon Homeowners Association to the October 18, 2011 Letter of Determination: Traditions on the Monon Zoning and Quality Construction Issues Dear Mr. Hollibaugh: This Appeal is a summarized response to the City of Carmel's Letter of Determination by the Traditions on the Monon HOA. It is anticipated that either the Traditions HOA Board of Directors or a Representative would be given the opportunity, as appropriate, to provide details supporting our response in the presence of the Board of Zoning Appeals. The City of Carmel Department of Community Services has been presented with copies of all relevant documentation concerning the issues at Traditions on the Monon over the past 12 -15 months. Of specific importance are the Minutes of the monthly HOA -PuIte -City meetings, where decisions were made and actions items were determined. In many cases, the Meeting Minutes are the only documented evidence of the numerous verbal agreements made between all parties. The Letter of Determination is not inclusive of the complete list of HOA identified issues or defects at Traditions on the Monon. There are unresolved issues previously discussed with the City of Carmel and Puke Homes that were omitted from the Letter of Determination. The major exceptions have been specifically addressed in the Cover Letter to this Appeal document from Robert Potokar, President of the Traditions on the Monon HOA Board of Directors. To summarize, there are four important areas of concern that remain open and are a key part of the PUD implementation process: 1. Remaining Building Defects 2. Building and Surface Drainage 3. Verification and Enforcement of Repairs 4. Status of the Three Performance Bonds issued by Puke to the City These areas noted above notwithstanding, the Traditions HOA, representing the Homeowners of Traditions on the Monon development, provides comment to Appeal the following referenced paragraphs in the Letter of Determination: Page 1 1 9 Banked Parking Area �>Govireourn�ra U�l'aaaaatiora B. The Traditions PUD states that "street lighting shall be provided near intersections of streets and alleyways The new parking area is at the intersection of 11"' Street NW and Td Ave NW. The January 13, 2005 revision of the Photometric Plan was not updated to reflect this additional parking area. C. Parking lot water overflow witnessed during rain storms shows the current drainage culvert is unable to handle the rain water volume. Consequently, the water drains behind the retaining wall. The retaining wall will fail over time due to the hydraulic pressure of the water overflow behind the wall. An independent engineering review of this design is required to assess and ensure the integrity of the retaining wall. D. The HOA assumed the guard rail material of construction would be painted metal. We are requesting confirmation from the City that painted timber meets the standards for guard rail design by the City of Carmel.. Streets and Curbs C. City of Carmel Architectural Plan Drawing C.2, revision dated January 13, 2005, shows curb details for the streets. "All roads and ends should be curbed to protect pavement transitions. Flat concrete curbing shall replace sloped gutter curbs where it is determined that water drainage is required." Without curbs water drainage will erode and undermine the asphalt pavement edge resulting in excessive pavement damage. The Letter of Determination is not clear in stating that all road edges should be curbed. Traditions on the Monon was designed to be a curbed community; not selective curbing or curbing at the discretion of the developer. K Landscaping and Grounds D. 114 feet of the west end of the North retaining wall has a top elevation higher than the ground retained. Architectural Plan Drawing C.2.4, revision dated January 13, 2005, shows the ground elevation equal to the top of the retaining wall. At present, the soil has settled below the wall and allows the wall to become a dam for surface water. The resulting hydraulic pressure of the accumulated water behind the wall will cause the wall to fail with time. In fact„ this was probably a contributing factor for the failure of the adjacent wall'. Moreover, during reconstruction of the failed wall, it was noted that minimal geogrid reinforcement was used on this entire wall. The HOA has requested confirmation that the original wall and the repaired adjacent wall section were inspected per the design drawings and that a copy of the inspection report be forwarded to the HOA Board of Directors. Ground back -fill is required to attain the proper height and sod planted along the 114 feet noted above. Page 2 t yp VGOViteoc�rtPixa C�aaoaia�'ora F. The sidewalk was installed without proper fill on the sides which leaves a substantial drop -off concealed by groundcover. It is surely a safety hazard and presents a tripping hazard as people enter or exit to the Monon Trail. The original constructor, i.e., the developer, should properly finish the sidewalk to meet City sidewalk safety codes. Landscape Audit D. Tree Mulch The observation that the shade and ornamental trees were over mulched "volcano mulch was brought to the attention of the DOCS office in late June early July 2010. The HOA met with the Urban Forester, Daren Mindham, to evaluate the tree planting and mulching installed by the Developer on the property. Following the initial walk- through, the HOA requested that a formal landscape inspection be conducted by Urban Forestry. The landscape inspection culminated in a letter from the City of Carmel DOCS to Puke Homes on July 20, 2010. The review comments include: "The installations of many of the plants are not properly installed. The planting details on L1.4 should be followed. The enclosed planting details will also suffice in lieu of the details on L1.4 if not specifically detrimental to the plant material because of site conditions. All existing plants and all newly planted material shall be addressed as to correct the improper mulching and installation." "Because of the lack of completion on this overall project, I will recommend that a hold be put on the C/O for the last building that is currently being built. This hold can be addressed once the landscape issues have been completed. If you have any questions about the C/O please contact 317 571 -2444. Prior to the retraction of the Hold on Building 13, a Performance Bond was put in place to ensure that Puke Homes met the landscaping and remediation requirements based on Section 8 of the PUD for Traditions on the Monon and Urban Forestry's inspection. At this time, the developer -owned landscaping contract was still in place with Mainscape, the company hired by Pulte Homes to install trees, shrubs, foundation plantings and driveway plantings. Following the letter from DOCS to Puke Homes, Mainscape was observed improperly planting and mulching trees and the HOA contacted Urban Forestry to witness their practices. Urban Forestry joined an HOA Representative on site at Traditions and provided Mainscape with the Tree Planting Detail and Mulching Standards. Urban Forestry showed Mainscape what was improper about the trees Page 3 C>GOiiaeousnexe �iaoctirrlia�z and mulching that Mainscape had been installing at that time. Once Urban Forestry left the site, original incorrect planting practices resumed. The existing volcano mulch in the development was installed while the developer operated the HOA. Once the HOA assumed community management of the HOA, a new landscaping company was hired and prior to finalizing the contract, the HOA walked the site with the landscaping company supervisor and owner to ensure they were aware of the existing improper planting and mulching conditions, knew that it was Pulte's responsibility to remediate these conditions and not to exacerbate the existing conditions by adding any additional mulch to these areas. Consequently, the HOA disagrees with the statement that over mulching was a practice which continued under homeowner controlled management of the property. Additionally, the HOA vehemently disagrees with the determination that the cost to repair the 110 trees should be equally split between the HOA and Puke Homes at the cost of $1100 each. Remediation of the over mulching and improper planting was the basis for establishment of Puke Landscaping Performance Bond which is still held by the City of Carmel. There has been no over mulching remediation at Traditions by Pulte Homes since it was identified as an open item to be completed by the developer on July, 20, 2010. E. Mulch Bed Deterioration Mulch bed deterioration is one visible symptom of the lack of proper or adequate roof and gutter drainage at Traditions on the Monon. This gutter drainage problem has been presented to the City at many prior meetings and inspections. However, for some reason it was not addressed in the Letter of Determination. Mulch bed restoration is described in the Letter of Determination is a "cosmetic W. But this is hardly the case, as it is a visible sign of a more serious building defect. The Cover Letter addresses the gutter drainage issue in detail. Irrigation System The Letter of Determination does not provide information concerning the documented three party agreement between the City of Carmel, the Traditions HOA, and Puke Homes to provide for a commissioning of the irrigation system. On October 14, 2010 it was agreed by all three parties (monthly meeting minutes) that: "Irrigation System Commissioning Pulte agrees to review system functionality and then demonstrate to the HOA the proper functioning of all zones of the Community's irrigation system, to bury all wines relating to the irrigation system, and to provide the HOA with as -built plans and specifications of the Community's irrigation system. Time estimate: within one month. Page 4 Vzaa�irnu an �/ie Cna� 9�d Caeournera ��ra�xrrt'an This commissioning of the system was to be completed before the official handover of irrigation maintenance from the builder to the HOA. The commissioning was not done by the Fall of 2010. An Irrigation Performance Bond was put in place such that this handover was to be completed by July 1, 2011. Commissioning defined as above was to have three elements;. 1) plan of As -Built irrigation system; 2) location identification of installed equipment and 3) a zone -by -zone demonstration by Pulte with the City and HOA present. This commissioning did not occur by July 1, 2011. The Letter of Determination references "the August walk through" which was to be the rescheduled commissioning date. During the demonstration, which was not conducted by Pulte or their irrigation representative, the zone -by -zone commissioning failed due to the many problems and defects that had been clearly documented. Additionally, several critical zones did not turn on or function at all, as witnessed by all three parties. At this time, The HOA requested that the previous agreement be honored by either drawing on the Irrigation Performance Bond or to have Pulte provide the equivalent funds to the HOA directly to facilitate completion of the necessary repair work. After the commissioning, the HOA was told that the City Attorney had initiated the process to draw on the Irrigation Performance Bond. The HOA requests written confirmation from the City of Carmel of the current status of this Bond, and an explanation for the delay in the HOA's receipt of these funds. The HOA does not agree with the Letter of Determination, Attachment E, where Pulte has indicated the Actions required to repair the irrigation system followed by Pulte's Notes indicating that various Action items were complete or not Pulte's responsibility. These comments were made post- commissioning, solely for the benefit of Pulte Homes to relinquish responsibility to complete these items. Pulte's comments on Attachment E cannot be verged by documentation, and are therefore "hearsay". It is simply a ploy by Pulte to have the Irrigation Performance Bond withheld from the HOA and is deemed unacceptable by the Board of Directors. Proper irrigation is required by the PUD under Section 8, Landscaping. To date, there are three buildings at Traditions that never had irrigation installed. Such an oversight is unacceptable to the HOA, and proves the inadequacy of the irrigation system to meet the needs of the community. Pulte Homes and Irrigation System installation company have not been able to provide a basic, functional irrigation system for the past 15 months. The HOA does not expect this situation to change, as Puke has had more than ample time to address the irrigation issues we have been requesting for more than a year. In the opinion of the HOA, Pulte has clearly failed to provide us with a functional irrigation system, and continues to attempt to push repair responsibility to the Traditions HOA, as they are unable and unwilling to meet the basic irrigation deliverable required by the PUD and promised by the developer to the Homeowners for the Traditions community. How can we have "intimate streets and landscaped courtyards" without irrigation? Page 5 t� L6 OI2 Ee n dyG t� �c w C >GO�IItCaCI1�tU'Xd CXYJ60G1L(L�LdJ'L Consequently, the HOA would like the City of Carmel to uphold that the requirements and deliverables required by Pulte Homes have not been met and to release the Performance Bond. Alternatively, a direct payment from Pulte Homes to the Traditions HOA in the amount of approximately $11,400 based on an estimate prepared and submitted to the City of Carmel as the cost to facilitate irrigation system repairs and system functionality will suffice. This Appeal and Corresponding Cover Letter was filed within the required 30 -day period indicating the Traditions on the Monon HOA's major concerns with the Determinations as stated in the Letter of Determination issued October 18, 2011. Respectfully Submitted, Robert Potokar President Traditions on the Monon HOA Attachments: Exhibit A Traditions on the Monon Meeting Minutes cc: Traditions on the Monon HOA Board of Directors Steve sc mann; Thrasher, Buschmann Voelkel', P.C. Page 6 Exibit A Summary of Meeting between Traditions on the Monon HOA, Pulte Group, and City of Carmel Thursday, October 14, 2010 Attendance: Michael Hollibaugh (Director of Dept. of Community Services, City of Carmel) John Molitor (Acting for City Attorney, City of Carmel) Matthew Lohmeyer (Director of Land Development, Pulte) Bob Potokar (President, Traditions on the Motion HOA) Tom Sharp (Vice President, Traditions on the Motion HOA) Nigel Stark (Board Member at Large, Traditions on the Motion HOA) The following is a brief summary of the action items agreed upon between the Board of Homeowners Association "HOA for the Traditions on the Motion (the "Community Matt Lohmeyer on behalf of Pulte Group "Pulte and the Mike Hollibaugh on behalf of the City of Carmel (the "City 1) Parking City agrees to send inspectors to Community to measure length of all driveways in the Community. Pulte to send representative to accompany City in measuring driveways and/or have engineering firm validate the driveway lengths. City agrees to provide HOA with measurements. If Pulte engages engineering firm to validate measurements, Pulte agrees to share data with HOA. City to provide HOA with specifications for standard parallel parking spaces throughout Carmel. Upon measurements and HOA's receipt of data, all three parties agree to meet in person to discuss possible resolution of parking congestion. City will schedule a meeting between the three parties by Wednesday, October 20, 2010, to discuss results of measuring and possible resolutions of parking congestion. 2) Driveways Pulte agrees to repair cracked driveways. 3) Asphalt Pulte agrees to perform pavement cores to validate actual paving/concrete of Community streets satisfies requirements of City and PUD. Upon validation and agreement from HOA, Pulte to perform final asphalting of Community with special attention to pavement ends. 4) Landscaping #1 (Proper Planting) Pulte agrees to arrange inspection with Mainscape (Community landscaping company) to determine whether installation/planting of shrubbery, trees, plants, etc. conform to requirements of City. City will review the inspection results with HOA. 5) Landscaping #2 (Driveway Plant consistency) Pulte and City agree to review plantings between driveways and propose a plan that is consistent with plan specifications and consistent throughout the Community. HOA agreed that plants that are removed can be Page 1 of 3 used (where appropriate) to fulfill overall landscaping plan requirements in other areas of the Community. 6) Landscaping #3 (Overall Landscape Plan) City commits to working with HOA and Pulte to walk the Community and develop a reasonable plan mutually agreeable to all three parties to provide for consistent and quality landscaping throughout the Community. Pulte agrees to make any repairs /plantings necessary to conform to agreed upon plan. Pulte acknowledges that many additional plantings (e.g., surrounding roundabout) have not been done and will be done shortly after construction of final building in Community. Pulte agrees to email HOA recommendations for new landscaping company. 7) Retaining Wall Pulte acknowledges and agrees that the retaining wall in the Southeast corner of the Community needs substantial repairs. Time estimate: "quickly." 8) HOA Audit Pulte agrees that it is appropriate for an independent third party to perform a financial audit of the prior HOA Board's funds and expenditures. Pulte to recommend auditor and to provide HOA with contact information. HOA to reasonably consider and suggest its own preferred auditors. HOA, Pulte, and ONM Management (Community's management company) to mutually agree upon a third party auditor to perform financial audit. ONM has previously committed to pay for 50% of audit fees, and Pulte agrees to also pay up to 50% of audit fees depending on reasonableness of the fees. Pulte agrees that to the extent that audit reveals any discrepancies in funding and/or improper expenditures, Pulte will reimburse the HOA for those funds. 9) Irri atg ion System Commissioning Pulte agrees to review system functionality and then demonstrate to the HOA the proper functioning of all zones of the Community's irrigation system, to bury all wires relating to the irrigation system, and to provide the HOA with as-built plans and specifications of the Community's irrigation system. Time estimate: within one month. 10) Mailboxes Pulte commits to build concrete foundations for all mailboxes in the Community per the mailbox manufacturer's specifications and installation instructions. City will supply these specifications. Time estimate: approximately same time as asphalting of Community. 11) Drainage between Buildings 17 18 Pulte agrees to assign engineer to analyze flooded areas in the Northeast corner of the Community, determine elevations, and calculate how much water is improperly standing on pavement. Based on engineer's findings, Pulte to propose how to provide direct drainage of rain gutter to existing drains. Pulte to perform required repairs. Time Estimate: Prior to Winter, 2010, to eliminate ice conditions on sidewalk. Page 2 of 3 12) Striping Pulte agrees to mark all "overflow" parking in the Community with, at a minimum, painted stripes. Prior to painting, Pulte to provide HOA with a quote for thermo- plastic markings. HOA to determine whether it wants to pay the cost difference between painted strips and additional thermo- plastic markings. Time estimate: HOA and Pulte agree this to be performed in Spring, 2011. 13) Street Signag_e Pulte agrees that upon completion of construction of final building, it will do an inventory of all street signs in Community and replace and install all missing signs. 14) Drainage Culverts NW Corner Pulte agrees to rip rap drainage pipe, clear sediment from drainage pipe, and ensure code compliance in culvert draining area located in Northwest corner of Community. Time estimate: wait until after parking issue is resolved. 15) Dead Tree Removal Pulte, City, and HOA, while performing "landscaping walk," agree to look at Tree Conservation area in Northwest comer of Community to determine what trees should be removed. City agrees to consider legal document absolving Community of any future liability relating to any trees that remain after City approves plan if Pulte does not remove trees. 16) HOA Issues (Non -PUD Related) Pulte agrees to assign engineer to review HOA Transition Report and to respond to HOA with which defects they agree to repair, which they do not agree to repair, and which require further discussion. To the extent applicable, Pulte response to include proposed alternative solutions and to be in an issue by issue format to facilitate orderly resolution of the defects noted in the HOA Transition Report. Time estimate: Pulte response by November 1, 2010. Page 3 of 3