Carmel Drive - U.S. Restaurant PropertiesDEDICATION OF RIGHT -OF -WAY /GRANT OF EASEMENTS
This Dedication of Right -of -Way and Grant of Easements (collectively, the "Agreement is
entered into by and between S ll .(4(i,1..c rcnl s reL LP (the "Grantor and the
City of Carmel, Indiana, by and through its Board of Public Works and Safety "Grantee for public
right -of -way and related purposes, as follows:
1. Grantor is the fee simple owner of the real property commonly known as 1 -ko S 1✓
CIVme.,.l r ('_clime 1� 1 r.1 and more particularly described in Exhibit A, attached
hereto and incorporated herein (the "Premises
2. For One Dollar (S1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor hereby grants and conveys the Premises to Grantee (the
"Dedication
3. Grantee intends to undertake and construct the following improvements (the "Improvements on
the Premises:
Streetscape improvements, which include but are not limited to, sidewalks, brick
crosswalks, brick gateway columns, decorative street lights, upgraded or
improved signalized intersections with mast arms (at AAA Way and Rangeline
Road), landscaping; unproved storm sewer structures and pavement resurfacing
as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project
4. The Dedication is made subject to all easements, agreements, restrictions and rights -of -way of
record and is not subject to the Indiana Corporate Gross Income Tax.
5. Grantee shall construct and install the Imp ovements in a good and workmanlike manner.
6. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor also grants to Grantee a perpetual landscape and drainage
easement (the "Easement across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit B attached hereto and incorporated herein (the
"Easement Property in order to plant, construct, reconstruct, repair, operate, maintain, replace,
relocate and /or use landscaping and drainage appurtenances for and as part of the Project.
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The Easement is granted subject to all easements, agreements, restrictions and rights -of -way of
record and is not subject to the Indiana Corporate Gross Income Tax.
8. For One Dollar (S1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor also grants to Grantee a temporary construction easement
the "Construction Easement across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit C attached hereto and incorporated herein (the
"Construction Easement Property in order for Grantee to construct and install the Improvements
on the Premises and to complete the Project.
9. Grantee shall use commercially reasonable efforts to not damage the Construction Easement
Property, except for normal and reasonable construction disturbance associated with the removal,
re grading and installation of the Improvements. Grantee shall, in accordance with and subject to
the Project's construction plans and schedule, return the Construction Easement Property to
substantially the same condition that existed prior to the grant of the Construction Easement.
10. Grantee shall indemnify and hold Grantor harmless from and against any cost, damage, expense,
claim, suit or other liability, including, but not limited to, reasonable attorney fees, due to bodily
injury or property damage resulting from the acts of Grantee, its employees, agents or contractors,
while on the Construction Easement Property.
1 1. The Construction Easement shall terminate upon the completion of the Project.
12. This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon
Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns
and legal representatives in all respects as to all covenants, agreements and obligations contained
herein.
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IN WITNESS WHEREOF, the parties have executed and deliver this instrument and same shall.
become effective on the day and year last written below.
Tc� x.qs
STATE OF }N -BI*NA
My Commission Expires:
)SS:
COUNTY OF HAM-1-1,-TON
Before me, a Notary Public in and for said County and State, be :sonally appea xed 1 JZ
I ISP a lA S Le,,t�t urei�t rn es e�,6 L,.
fan?) it �J O ,1 or tia.ot �Zp 4 r'( "Grantor who acknow e•ged th execution
of the foregoing "Dedication Of Right-Of-Way/Grant Of Easements" as his /her /their voluntary act and deed.
Witness my hand and Notarial Seal this b
E
SUSAN M. ELDER
MY COMMISSION EXPIRES
May 2, 2001
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GRANTOR
u .s i t& rc t PiuP�rfits 01er d L -1
Prii Name(s)
1 0 1 ✓l W r) cY,� k Q-0 c
Address
u a S l c�(aS sa (4
City, State, Zip
BY: x a4n til c) RithM
Authorized Signature
S.ec.t x
Printed Name and Title
1 a s 4 a I r SA:(.+C 4
Address
City, State, Zip
day of
dA,„
NO. ARY PUBLIC
ks t-'l 061.1/x
Printed Name n
My County of Residence: l",tA,(
2000.
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