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212680 09/12/2012 - CITY OF CARMEL, INDIANA VENDOR: 366530 Page 1 of 1 ONE CIVIC SQUARE LOWES HOME CENTERS INC CARMEL, INDIANA 46032 1605 CURTIS BRIDGE RD CHECK AMOUNT: $97,500.00 L .� ATTN. REAL ESTATE DEPT CHECK NUMBER: 212680 °N WILKESBORO NC 28697 CHECK DATE: 9/12/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 091012 97, 500 . 00 OTHER EXPENSES Prior Deed References: Instrument No. 20000036996, in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT oc� This Water Line Easement Agreement (the "Agreement") is made and entered into this day of , 2012, by and between Lowe's Home Centers, Inc., a North Carolina corporation, ("Grantor") and the City of Carmel, Indiana ("Grantee"). RECITALS: A. Grantor is the owner of certain real property located in Hamilton County, Indiana ("Grantor's Property") more particularly described in Exhibit A attached hereto and incorporated herein. B. Grantee, in connection with Grantee's public improvement project entitled US 31 and 146th Street water line (the "Project") requires a permanent easement over, through, under, upon and across that portion of Grantor's Property more particularly described and depicted on Exhibit B attached hereto and incorporated herein, (the `Basement Property") to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, all associated valves, pumps, fittings, meters, accessories and equipment on, over, and across the Easement Property. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a perpetual easement'for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, reparing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories and equipment (the "Improvements") on, over, through, under, upon and across the Easement Property, subject to the terms of this Agreement. 1 1/2826655.4 2. Grantee's Rights. Subject to compliance with the obligations in Section 3 below, Grantee shall have the right to: (a) remove from the Easement Property any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition of such easement; (b) make such alterations and improvements to the Easement Property as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder; (c) ingress and egress over, under, upon and across the paved portions of Grantor's Property for purposes of access to the Easement Property. The easement also includes the rights and privileges for nearby property owners, their grantees, successors, agents, or employees, to connect the premises of such nearby property owners by service pipes to the Improvements installed by Grantee within the Easement Property (the "Tap-In Work"), provided such nearby property owners, their grantees, successors, agents, or employees restore the portion of the Grantor's Property disturbed by their work to a condition that is as near the condition that existed just prior to the time the portion was distrubed by them as is practicable; provided any Tap-In Work or future maintenance thereof performed by or on behalf of such nearby property owners, their grantees, successors, agents, or employees, pursuant to this Agreement does not unreasonably interrupt or interfere with Grantor's ongoing business operations on Grantor's Property, including but not limited to interruption in or interference with truck and other delivery traffic that desires to use the existing paved areas to the north and west of the existing Lowe's store on Grantor's Property, including the loading docks and storage areas; and provided that, in performing any Tap-In Work, all reasonable steps are taken to avoid interruption of water service to the Lowe's store on Grantor's Property necessary to the operation of the store and necessary for the operation of all fire safety systems maintained at the store. 3. Obligations of Grantee. When exercising its rights under Sections 1 and 2 above, Grantee shall: (a) restore the Easement Property to the condition as existed prior to the commencement of the Project; (b) maintain, repair, replace and service the Improvements; (c) take all reasonable steps necessary to install all Improvements underground if reasonably possible, and to avoid interference with Grantor's ongoing business operations on the Grantor's Property, including efforts to avoid or limit to the greatest extent possible the deprivation of any utilities currently serving the business on the Grantor's Property; (d) not unreasonably block, hinder or interfere with truck and other delivery traffic that desires to use the existing paved areas to the north and west of the existing Lowe's store on Grantor's Property, including the loading docks and storage areas; (e) to the extent practicable, Grantee shall utilize directional boring to install or replace the proposed water main; (0 take all reasonable steps to avoid interruption of water service to the Lowe's store on Grantor's Property necessary to the operation of the store and necessary for the operation of all fire safety systems maintained at the store; and (g) to the extent that any permitted work by Grantee involves the replacement of any portion of the lateral water line and associated equipment and facilities that serves the building on Grantor's Property, Grantee shall replace and restore such water line and associated equipment and facilities in compliance with Grantee's specifications. In addition, any pavement, curbs or other surface improvements repaired or restored by Grantee shall equal or exceed the quality of the removed or damaged pavement, curbs or other surface improvements, including the depth of the concrete and all base material. Notwithstanding anyting in this Section 3 to the contrary, Grantee shall not install any Improvements above grade to the west of the line noted as the "Demarcation Line" on Exhibit C attached hereto and incorporated herein, except for those Improvements already installed as of the date of this Agreement, as shown on Exhibit C. 1/2826655.4 2 4. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property or perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence shall not prohibit replacing or maintaining in the Easement Property any existing improvements or any pavement, curbs or gutters. 5. Obligations of Grantor. Subject to Section 4 above, Grantor shall keep the Easement Property free of any fence and structure (other than those installed by Grantee). Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 6. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits thereof. shall run with the Grantor's Property and the Easement Property, inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees). 7. Environmental Matters. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantor's Property or the Easement Property prior to the acceptance of this Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor's Property or the Easement Property not created by Grantee. 8. Jurisdiction. Grantor and Grantor agree that any litigation associated with or arising from this indenture shall be filed with a court of competent jurisdiction within the State of Indiana. 9. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee associated with or related to the Grantor's Property or Easement Property. 10. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 11. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded, shall run with the Grantor's Property and the Easement Property. 12. Entire Aggreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and all prior agreements, communications and negotiations between the parties, J 1/2826655.4 either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other persons shall be necessary for such termination, modification, or amendment. 13. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 14. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the respective parties as follows: If to Grantee: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Carmel, hndiana 46032 Attn: Director of Utilities If to Grantor: Lowe's Home Centers, Inc. 1605 Curtis Bridge Road Wilkesboro,NC 28697 Attn: Real Estate Department With a Copy to: Lowe's Home Centers, Inc. 1000 Lowe's Boulevard Mooresville,NC 28117 Attn: Legal Department(NB6LG) With a Copy to: Ice Miller, LLP One American Square, Suite 2900 Indianapolis, Indiana 46282-0200 Attn: Timothy E. Ochs, Esq. Any such notice will be effective three days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. 4 1/2826655.4 15. Severability. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. 16. Authority. The person executing this instrument on behalf of Grantor hereby represents that he has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action therefore has been taken. Grantor further represents and warrants to Grantee that Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor guarantees the quiet possession of the Easement Property to the Grantee; that the Easement Property is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantee's title to the easement granted hereby against all claims thereon. 17. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees. [REST OF PAGE INTENTIONALLY BLANK] 5 1/2826655.4 IN WITNESS WHEREOF,the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. GRANTOR: LOWE'S HOME CEN I(S,INC. By: f� Ff Printed Name and Title GRANTEE: THE CITY OF CARMEL By and through its Board of Public Works and Safety By: James Brainard,Presiding Officer Date: By Mary nn B ke,Member Date: S— By: ' Lori.W o Member ber Date: 1'3 ATTEST• ana L. Cordray, IIAMC,C r -Treasurer Date: 1/2826655.4 6 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Ann Burke, and Lori Watson, who having been duly sworn/affirmed, state(s) that they are mernbers of the City of Carmel's Board of Public Works and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity. WITNESS my hand and notarial seal, this �� day of S�f����id , 20 �. �- My Commission Expires: Signed Name: My County of Residence: Printed Name: A1111) �3k1//5- v2s266ss.a STATE OF ]�� /� z>j"rn�� SS: COUNTY OF��.\,, ) Before me, a Notary Public in and for the State of �l - �� ;?,(;,�, personally appeared by me known and by me known to be the 1z j? 6,;Q, & ,t-Af Lowe's Home Centers, Inc., who acknowledged the execution of the foregoing Water Line Easement Agreement for and on behalf of said corporation. Witness my hand and Notarial seal this_tD day of 20 My Commission Expires: t t E C2�- � Notary Public My County of Residence: :A11:4 ,.,/A [Printed] This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One Civic Square, Carmel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Douglas C. Haney OFFICIAL SEAL Notary Public,North Carolina t r COUNTY Or,FORSYTH PATRICIA B.WALL My Commi¢sion Expires-5 1/2826655.4 8 EXHIBIT A Grantor's Property Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the North Half of the Northwest Quarter of said Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD 83 State Plane Coordinates - East Zone) along the North line of the said Northwest Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet to the South right of way line 146th Street; thence South 89 degrees 05 minutes 16 seconds West along the said South right of way line 190.03 feet to the Point of Beginning; thence continuing South 89 degrees 05 minutes 16 seconds West along said South right of way line 890.32 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project 5-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next three courses are along said right of way); 1) thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; 2) thence South 07 degrees 16 minutes 09 seconds East 71.80 feet to a non-tangent curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East; 3) thence Southeasterly along said curve an arc distance of 914.16 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence North 90 degrees 00 minutes 00 seconds East 130.48 feet to a non-tangent curve hailing a radius of 270.00 feet, the radius point of which bears South 55 degrees 55 minutes 00 seconds East; thence Northeasterly along said curve an arc length of 365.41 feet to a point which bears North 21 degrees 37 minutes 34 seconds East from said radius point; thence North 89 degrees 14 minutes 07 seconds East 52.98 feet to the Northwest corner of Lot 29 in Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No. 9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton County, Indiana, thence continuing North 89 degrees 14 minutes 07 seconds East along the North line of said Lot 29, a distance of 139.23 feet; thence North 00 degrees 10 minutes 51 seconds East 867.51 feet to the point of beginning, containing 16.516 acres, more or less. AND ALSO, Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, in Hamilton County, hldiana, more particularly described as follows: Commencing at the Northeast corner of the said Northwest Quarter Section; thence South 89 degrees 05 minutes 16 seconds West (bearing based on NAD83 State Plane Coordinates - East Zone) along the North line of the said Northwest Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16 seconds West 1/2526655.4 along the said South right of way line 1487.00 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next three courses are along said right of way); 1) thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; 2) thence South 07 degrees 16 minutes 09 seconds East 71.80 feet to the Point of Beginning, which lies on a non- tangent curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East; 3)thence Southeasterly along said curve an arc distance of 914.16 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence South 69 degrees 03 minutes 19 seconds West 47.00 feet to the Easterly line for Limited Access right of way per said plans and cause number and the point of curvature of a non-tangent curve having a radius of 5671.60 feet, the radius point of which bears North 66 degrees 06 minutes 18 seconds East; thence Northwesterly along said Easterly Limited Access right of way line and curve an are distance of 921.80 feet to a point which bears South 78 degrees 22 minutes 03 seconds West from said radius point; thence North 78 degrees 22 minutes 03 seconds East 47.00 feet to the point of beginning, containing 0.990 acres, more or less. 1/28266».4 EXHIBIT B Easement Property A Mj;0 LRt a.S followS: Vrovntslhip I S'NorLI), 3 UML 1WHILOV;Cclwilg,lndizi€m,retort rrortictflldy_;cszrih�d:";I'olleovs; Co)-m mein g!Cit th'�Nol'thc2lst(2orlum,ol'd.t 1"to-th Pcf onho NmiIiCwza Qui xr r of s,, section 1 05 minmic-s 16 Iucuitd, ba�':"j un NTAD 8�Si s ,4 'Me Moe ConalinWa�MM MW Mm,trio.Nmh Aw MW mW Mw%n- Qt=-tor I I R4.9s 00 d,:gg;-cvS i t?irkiitutes.11 ;econd., 73,47 ticv to the Somll ligho-nf-tkay Ike of 146"Way Kamw Wah Megmcs 05 ninums 16 Sv=Mjv NMI 011mg SACl somb right,051MY PC 10003 lot to Oc%dwam conxrafa '="qUW dmihd in I-anlomm AMM 2010MME6996 W Ac(We of IhC2 Count),, '11w:occ S.L,uth 00(J(qro:s 15 miwois 25 vwmls ww CC&q me mm mic or sAd tun, 15,75 ile;,t to oI'IN1')()T 11;'qject\N01rhvi,07 1((o i5;•1'lu no Soot it 83 ocg5'vc ION SquW1 47 Seamus WMI Kong pl-vpowd righl-ol'wny 7.1,611 feu'Iti:the PLACCOF Fht,,nt�Scnoh 00 dcstre 51 mimj:vs IN ti w"Is W 20M A,Thowe knob S9(kgrves OR irKow's 42 mcwnd.Amu PMAKI M said m'opl"'S'd right-of-tvtiy fzci,Th,ocv. South 46 dugmen 07 Mums 12 womb M As t pm,;,I lul to's"6 Zi i t-o I'wzly 117, W propond dowd'�,vo !Moth 01 dagmes 13 Homes 35 ov"M East Ni'ortij-Jdp 07n�j ntocS 12 Wpag Qdpoinval dghwKway 10209 0m:I hcmc bladi 89 &IMS 0 Mitma 42 swands East carvirawn"I along, ,,mid propo,,,'t�-, CWM the t'L,ACI','OF BEGINNIING- col)(Aiking in soid Twclkly(25)root sirill 0,45 Arvo,ttl);,ISS Ill.I't.),more orless, 11'4�'twport'j Rcgkiurl;d I mid in'311• of lr:l flo.do lx-reby dcctipdion h-,])%,!d(m?ho DccJ of Rccord N'Umhc" 0 dw CM"Wv 1lMM6T 05IM131311(;0 CMMW,Nhww and Mwo hum 1NDCTF ovAq,gT&M 01ty 1MMnsismudes Unt n pmInny su"ey WgN ivvmd. I.".N11:N\T0R.j' WIT 0 VITIANA LAND SURVEAM NCT L.S'29CAM)21 V2826655.4 EXHIBIT q� p.y n CRAi4N By: CSE 128-10 J+..�+ `J j) i�..a/( CN+:Ci�10 BY: ter. sr a an w SCALE : 1" = 100` i EASBAEN"s [:XHIBiT OWNER: LOWE'S HOI,L' CENTERS, INC. RECORD DOCUMENT: MST. No. 2DO000036996 HATCHED AREA IS THE APPROXIMATE EP,SEME'NT AREA NORTH NE COR NE CO;R, N 1/2, NA' 1/4 INST. No, 200000036196 SEC. 19 118N, R3E PROPOSED R/W INDOT-t SOUTI•i R/W LNE PROJECT 0710215 146TH ST.�( t 146TI`i STREET F�2` N 89'08'42" E 674.22• S 89'08'42° W 664.37' d 15 1IORTH LINE-'r 3 7 N 1/2, NW 1/4 SEC 19 T18N, R3r PROPOSED RIAI INCCT PROJECT 0710215 11] S 89'05';6" W J S 00'15'25" W M S e6'07'12' W 1188.98' 15.75' 117.83' S 00'10'51" W 5 89'08'42" trl E N 01"1.35" E 75,47' 74,64' 35.42' S 89'05'16" W © S OLI-51'18" E N 416'07'12" E 190.03' 25.00' 102.59' PRE13ARED BY: To the best of try Knowledge iowi bulicl• kiv::let wt:s;)vxrr,,tj fraru isformatim obtcrrmed ;'rcrn It1;1. No, 20pC1 J,1d9sC ilr thc• Otlice or the f� No. LS \,, 1:e_order o' 11rrr;ii;c.=. ,aunty, Inriona, r:rr plans Lcm Rh-)0T Fr,.jrrl 071!ic'E5. (� ! ��� ���� ;lo fi;ld work was peiturirred, Share( e, ;1st proputt} s subject to or.y (t o!•edor.% gaps, nr mlier i{icon>i,:+.envies tho4 n property:xvey might re!-r;cl, { l\\\ STATE Of 1 J V Trent'E ticwpori tlQlC Yrans ortatiou k '-ter-s ${etc of Indian I1°rfl4pmCn1 Consultants xu yea,..m.rrcn wu...m;vnx-.a, I/2826655.4 - .......... .........._.............. ...... ................ _....._..._ n ICONNECTTO EXISTIN 'i0°FIRE _ /APP.SEC. LINE LINE AS SHOWN. INSTALL10"x 10" !TAP SADDLE WITH 10"TAPPING - - — - ,�.__.........- VALVE F ABANDON EXISTING — 12"x 10"MJ TEE,10"GATE �..,.... .- - __ ...... VALVE,20 LFT OF 10"D.L'WATER VALVE&50 LFT OF RE HOVE&RETURN: WATER MAIN IN PLACES AMAIN,&FITTINGS AS REQUIRED TO HYDRANT .� (IVIAtEE CONNEC'�ION, ' ABANDON ,—TWA' s -.- _ -- - - IDRANT 1 - � Water siair� Q ' !OWE'S r.. : a- lw taw Per .....u..� P,,, Pw P,v Per.._..,._ P;� --- - P J&SITE r •-'=� � _ __ _ _ __.____ _ __�__..� _�{C-601) 1 `—PROP. 2ok „ WATER 12«GATE VAL° SERVICE L r, lq. ! :DIRECTIONALLY DRILL ) �11� BENDS } 652 LFT OF 12"DR 11 LINE CON { HOPE WATER MAIN @ D0 NO �" L REMOVE&RETURN L,()��1, 1 >1U1.1 ' �;X54"COVER. ) I AT Oft O^lrA A ! A`r r-Ana ammo nC:DTW r rmi n VPRIFY UTILITIES I �n nl hl BOSE C Alan S. Townsend E V � ��� Direct Dial:(317)684-5225 Fax: (317)223-0225 E-Mail: ATownsend @boselaw.com ATTORNEYS AT LAW August 16, 2012 John M. Duffy Cannel Utilities 760 3rd Avenue SW, Suite 110 Cannel, IN 46032 Re: City of Carmel adv. Lowes Home Centers, Inc. Cause No. 29D01-1108-PL-8056 Dear John: For your review and consideration, I am enclosing the following items: (1) the original Water Line Easement Agreement by and between Lowe's Home Centers, Inc. and the City of Carmel, Indiana; and (2) a copy of a letter from lee Miller LLP concerning the Water Line Easement Agreement. As you can see, Lowe's Hone Centers, Inc. has signed the Water Line Easement Agreement. At your earliest opportunity, please forward me a check made payable to Lowe's Home Centers, Inc. in the amount of$97,500.00. We should forward the check to Ice Miller LLP before we record the Water Line Easement Agreement. Once the Water Line Easement Agreement is signed by the Board of Public Works and Safety, it needs to be recorded. I can assist in having it recorded, or I am sure Tammy Haney could take care of it for you. In any event, I would like to have a copy of the recorded Water Line Easement Agreement for my file so I can take the necessary steps to resolve (and dismiss) the lawsuit. Thanks in advance for your cooperation. Please let me know if you have any questions. Sincerely, Alan S. Townsend AST:dyb Enclosures 2204632/8824-147 111 Monument Circle, Suite 2700 1 Indianapolis, Indiana 46204 Main Telephone: 317-684-5000 1 Main Fax:317-684-5173 www.boselaw.com ICEMILLERLLP LEGAL COUNSEL August 16, 2012 WrurE2's DinE D RECD FAX:(317)5924788 INTERNET:Zeff.Weiss @icemiller.com VIA HAND DELIVERY Alan S. Townsend Esq. Bose McKinney& Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 RE: Carmel v. Lowe's Home Centers,Inc. ("Lowe's") Hamilton Superior Cause No.29D01-1108-PL-8056 Dear Alan: This is in follow up to my voicemail message of earlier today. Attached please find a signed copy of the (i) Agreed Findings and Judgment (which you prepared in draft on May 29, 2012) (the "Agreed Judgment") and (ii) Water Line Easement Agreement, to be made by and between Lowe's Home Centers, Inc., as Grantor, and the City of Carmel, as Grantee (the "Easement Agreement"). I have taken the liberty of signing the form of Agreed Judgment you provided in the space provided on page 2. Please note that the Easement Agreement has been signed by a duly authorized representative of Lowe's. It is my understanding that you will see that the Easement Agreement is dated, and then signed by the appropriate representatives of the City of Carmel, and thereafter cause the same to be recorded in the office of the Recorder of Hamilton County, Indiana. I also understand that immediately thereafter you will insert the recordation information in the Agreed Judgment, and that you will submit the same to the Court for approval. Thereafter, apparently you intend to cause the Agreed Judgment to be recorded in the office of the Recorder of Hamilton County, Indiana, with appropriate cross-referencing to the Easement Agreement. While I do not think that that is the most appropriate process, given the time it has taken to bring this matter to closure, it is acceptable. However, notwithstanding the foregoing, it is our understanding that prior to your recordation of the Easement Agreement, the City of Carmel will cause a check to be disbursed to Lowe's in the amount of $97,500 as agreed upon compensation in this matter. The enclosed documents are being submitted to you in escrow with the understanding that you will not cause the same to be released and recorded until such time as the City of Carmel has made such disbursement to Lowe's. One American Square I Suite 2900 1 Indianapolis,IN 46282-0200 1 P 317-236-2100 1 F 317-236-2219 INDIANAPOLIS I CHICAGO I CLEVELAND I COLUMBUS I DUPAGE COUNTY IL I WASHINGTON DC www.icemiller.com Alan S. Townsend, Esq. August 16, 2012 Page 2 Thank you in advance for your time and attention to this matter. Please let me know at once if there is any misunderstanding with regard to the foregoing. Very truly yours, ICE MILLER LLP Zeff A. Weiss ZAW:sw Enclosures cc: Andrew Zombek, Esq. (via e-mail w/att.) Richard G. Pratt, Esq. (via e-mail w/att.) Tim Ochs, Esq. (via e-mail w/att.) I/2912782.1 VOUCHER # 122104 WARRANT # ALLOWED T0678 IN SUM OF $ LOWES HOME CENTERS INC 1605 Curtis Bridge Road Attn: Real Estate Deparment Wilkesboro, NC 28697 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 091012 06-1051-87 $97,500.00 Availability C j Voucher Total $97,500.00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee T0678 LOWES HOME CENTERS INC Purchase Order No. 1605 Curtis Bridge Road Terms Attn: Real Estate Deparment Due Date 9/10/2012 Wilkesboro, NC 28697 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/10/2012 091012 $97,500.00 I I i i i i hereby certify that the attached invoice(s), or bill(s) is (are) true and ;orrect and I have audited same in accordance with IC 5-11-10-1.6 Date &'c r ' e