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Home My WebLink About225235 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