City of Carmel/Wood Park HOA
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APPROVED~ TO
FORM BY:
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is hereby entered into by and
between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety
("City"), and the Wood Park Homeowners Association, ("HOA").
WHEREAS, the City is widening 1 16th St. Between Rangeline Rd. and College Ave., from its current
width of two lanes, to a proposed five-lane width (the "Project"); and
WHEREAS, certain homeowners represented by the HOA have expressed concerns about the Project; and
WHEREAS, there is an existing wall (the "Wall") approximately four (4) feet high, located along the
south side of 1 16th St., starting at Guilford Rd. and extending west approximately 300 feet; and
WHEREAS, the HOA agrees that increasing the height of the Wall would help to mitigate the increased
highway noise and other impacts of the Project; and
WHEREAS, Equicor Development, lnc., has pledged to contribute 50% of the actual costs incurred by the
HOA, up to a maximum of $10,000.00, for the improvements to the Wall to act as a sight and sound
barrier along 1 16th St. for the Wood Park Subdivision; and
WHEREAS, both parties are satisfied with the mutual exchange of promises and seek to reduce the
agreement to writing.
THEREFORE, the City and HOA agree to the following:
1. PERFORMANCE:
The City therefore agrees to pay the cost, up to $ 1 0,000, for materials required to increase the
height of the Wall from approximately four (4) feet to eight (8) feet. The City will pay the
material supplier directly for said material costs.
Upon delivery of the necessary materials, the HOA will contract directly with a masonry
contractor to complete the wall installation in a manner and time frame that does not negatively
impact the timely completion of the City's 1 16th St. Road Improvements.
2. DAMAGE TO PROJECT:
HOA agrees, in the course of the work by HOA's contractor on the Wall, that any damage done to
improvements within the Project or City's right of way along the Project, will be repaired at the
HOA's expense.
3. NOnCE:
Any notice provided for in this Memorandum will be sufficient if it is in writing and is delivered
by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the
address specified herein:
If to City:
City of Carmel
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One Civic Square
Carmel, Indiana 46032
ATfN: , Director,
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to HOA:
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4. REPRESENTATIONS AND WARRANTIES:
The parties represent and warrant that they are authorized to enter into this Memorandum and that
the persons executing this Memorandum have the authority to bind the party which they represent.
5. HEADINGS:
All heading and sections of this Memorandum are inserted for convenience only and do not form a
part of this Memorandum nor limit, expand or otherwise alter the meaning of any provision
hereof.
13. BINDING EFFECT:
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and
obligations set forth in Memorandum.
14. ADVICE OF COUNSEL:
The parties warrant that they have read this Memorandum and understand it, have had the
opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this
Memorandum, and enter into same freely, voluntarily, and without any duress, undue influence or
coercion.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Memorandum as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
Mary Ann Burke, Member
Date:
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Date: & ( ( ;;/ D:?
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By:
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~orized Signature ~
WAUl\) A:. SL..fI'PLEtT
Printed Name
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Title .
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SSN if appropriate:
Salldra M. JoblilJou;:
Deputy Clerk for
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