225235 10/22/2013 CITY OF CARMEL, INDIANA VENDOR: 061160 Page 1 of 1
ONE CIVIC SQUARE CLERK OF HAM CNTY SUPERIOR COURT
CHECK AMOUNT: $127,084.58
CARMEL, INDIANA 46032 ONE JUDICIAL SQUARE
NOBLESVILLE IN 46060 CHECK NUMBER: 225235
CHECK DATE: 10/22/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
202 4460500 29D011208PL9 127, 064 . 58 29DO-1208-PL-9106
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT 1
SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-1208-PL-9106
CITY OF CARMEL, INDIANA, )
Plaintiff, )
vs. ) A ®6 2
013
VALLEY DEVELOPMENT CO., INC. ) HAMI4rPFR�r
R��uRr
Defendant. )
AGREED FINDING AND JUDGMENT
Plaintiff, City of Carmel ("Carmel"), Indiana, and Defendant, Valley Development Co.,
Inc. ("Valley"), both by their respective by counsel, concur in the findings set forth below and
move the Court for judgment in this case.
The Court, having examined the record in this case and being duly advised, now FINDS:
1. On August 28, 2012, Carmel brought this condemnation action against Valley.
2. Prior to the commencement of the condemnation action, Carmel and Valley
entered into a certain "Right of Entry," dated August 2, 2012, whereby Carmel was provided
with access to the property which is the subject of this cause of action and which is more
particularly described in Exhibit B to Carmel's Complaint("Real Estate").
3. On October 18, 2012, pursuant to the Right of Entry, Carmel deposited $330,000
with the Hamilton County Clerk. This Honorable Court, in response to Carmel's motion, ordered
the Clerk to disburse the $330,000 to Valley. The Clerk complied with the Court's Order and
i
disbursed the funds on or about October 18, 2012.
I
i
1
4. On October 26, 2012, the Court entered its "Order of Appropriation" and "Order
Appointing Appraisers and Instructing Clerk of Court," which, among other things, appointed
three (3) disinterested appraisers to assess total just compensation due to Carmel's appropriation.
5. On November 12, 2012, the Court-Appointed appraisers issued their "Report of
Appraisers," determining that total just compensation in this cause, exclusive of interest, was
$2,131,000.
6. On December 14, 2012, Carmel submitted its Exceptions to the Court-Appointed
Appraisers' Report.
7. Valley did not submit Exceptions to the Court-Appointed Appraisers'Report.
8. On January 7, 2013, Carmel deposited an additional $1,806,400 with the Clerk.
In response to an uncontested motion submitted by Valley, this Honorable Court ordered the
Clerk to disburse $887,301 of those funds to Valley. The Clerk complied with the Court's Order
and disbursed the funds on or about January 10, 2013.
9. Carmel now wishes to withdraw its Exceptions to the Court-Appointed
Appraisers' Report which will have the effect of concluding this cause as a matter of law as to
damages due and owing to defendant Valley.
10. Carmel and Valley agree that Valley shall have and recover $2,234,834.42 (i.e.
the principal amount of$2,131,000, plus accrued interest through June 30, 2013 of$103,834.42),
plus interest from June 30, 2013 through the date of payment by Carmel at a per diem rate of
i
$200.26, as total just compensation for the real estate interests appropriated and any and all
damages resulting from the appropriation.
11. All parties who requested a trial by jury now withdraw their requests.
i
2 '
IT IS ORDERED, ADJUDGED AND DECREED by the Court that Defendant, Valley
Development Co., Inc., shall have and recover, as total just compensation for Carmel's appropriation in
this case, the amount of$2,234,834.42, plus interest from July 1, 2013 through the date of payment by
Carmel at a per diem rate of$200.26,of which$1,217,301 has already been paid to Valley;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that upon full
deposit of the above-referenced funds by Carmel ($2,234,834.42 less the $1,217,301 previously
.deposited, for a net amount due of$1,017,533.42 as of June 30, 2013,plus interest at the per diem
rate of$200.26 through the date of deposit), the Clerk shall immediately issue a check to Valley
Development Co., Inc. for all of the deposited amounts in full satisfaction of this judgment and any
and all of Valley's claims in this case. Said check shall be mailed to Valley's counsel, c/o: Zeff A.
Weiss,ICE MILLER LLP,One American Square,Suite 2900,Indianapolis,Indiana 46282.
AGREED TO AND APPROVED BY:
David B. Honig,Att'y No. 22247-4 Ze e' y .2025-49
Robert A.Hicks,Att'y No. 13998-4 J n A. ,Att'y No. 25703-49
HALL, RENDER, KILLIAN, HE H & I LER LLP
LYMAN,P.C. One American Square
One American Square Suite 2900
Suite 2000,Box 82064 Indianapolis, Indiana 46282
Indianapolis,Indiana 46282
Attorneys for the Plaintiff, City of Carmel Attorneys for Defendant, Valley
Development Co. Inc.
I
i
i
i
I
i
I
I
3
r
V�� �-qa't'
Judge, Hamilton Superior Court No. 1
Date: AUG 0 2013
Copies to:
David B. Honig
Robert A. Hicks
HALL,RENDER,KILLIAN,HEATH&LYMAN,P.C.
One American Square
Suite 2000, Box 82064
Indianapolis, Indiana 46282
ZeffA. Weiss
Jason A.McNiel
ICE MILLER LLP
One American Square,Suite 2900
Indianapolis,IN 46282
i
i
f
i
i
r
4
I
i
Neville, Katie
From: Honig, David B. <dhonig @hallrender.com>
Sent: Friday, October 11, 2013 3:33 PM
To: McBride, Mike T
Subject: FW: City of Carmel v. Valley Development
Mike,
My mistake. I forgot to include the daily interest amount from October 1, 2013, of$200.26 per day.
David
David B.Honig
H A L L i'-C,�-
IMIRENDER
SILLIAN iIFATH&L YMAN
direct 317.977.1447
fax 317.633.4878
email dhonig(a)hallrender.com
I
web www.hallrender.com
One American Square, Suite 2000 =USEDURPOSE:O Box 82064, Indianapolis, IN 4 6282 THIS COMMUNICATION AND ATTACHMENTS CANNOT F AVOIDING TAX
PENALTIES.This message and any attachments are confidential and are subject to the attorney-client privilege and the privilege relating to attorney-client
work product_It is intended only for the named recipient(s)and may be exempt from disclosure under other applicable law,as well. If you are not the intended
recipient(s),you are notified that any disclosure,copying,distribution or any action taken or omitted to be taken in reliance on the contents of this information is
prohibited and may be unlawful.If you receive this message in error,or are not the named recipient(s),please notify the sender,delete this e-mail from your
computer,and destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s)is not a waiver of.any attorney-client,work
product,or other applicable privilege. Hall Render hereby claims all applicable privileges related to this information.
From: Honig, David B.
Sent: Tuesday, October 01, 2013 4:45 PM
To: McBride Michael
Subject: Fwd: City of Carmel v. Valley Development
Mike please see the correspondence below. We're having a problem with the court clerk, who refuses to release
the remaining funds unless an exact amount of all money due is deposited in the courts accounts. Can I get a
check to deposit with the court and the amount of$122,258.34 plus one week of the daily interest rate as stated
below? I can pick that up on Thursday and then we will be able to close this matter.
i
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No.201(Rev.1995)
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
N[ Y\ 1 0(Dk QA:t'l C��'�� Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number 1� (or note attached invoice(s) or bill(s))
1 ow-A
Total
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5-11-10-1.6.
, 20
Clerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
V IN SUM OF $
$ 12�, alo4. S
ON ACCOUNT OF APPROPRIATION FOR
202
Board Members
PO#or INVOICE NO. ACCT#!TITLE AMOUNT
DEPT.# I hereby certify that the attached invoice(s), or
6Soo (2�- S bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
to 2� 20
Signature
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund