573 Park Point Drive - Aramark Educational Resources APPROVED, AS TO
F°11114
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Aramark Educational Septiees, 573 Park Point %Drive, Golden, Jefferson County, Colorado, 80401
"Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works
and Safety "City
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate (the "Real Estate which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference "Real Estate
in the Hazel Dell Corner Commercial Subdivision, which is located within the corporate limits of the City
of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded as Instrument #200100056181, Plat
Cabinet 2, Slide 657 in the office of the Office of the Hamilton County Recorder on September 6, 2001, as
Hazel Dell Corner, Lot 6; and
WHEREAS, Owner wishes to construct an irrigation system (the "System a ground mounted
sign (the "Sign parking lot lights (the "Lights a perimeter fence (the "Fence sidewalks (the
"Sidewalks and tricycle/bike paths (the "Paths on the Real Estate; and
WHEREAS, Owner has given the City sketches depicting the proposed location of the Site
Improvements on the Real Estate, copies of which are attached hereto and incorporated herein by this
reference as Exhibit `B Exhibit "C Exhibit "D Exhibit "E" and Exhibit "F respectively, (the
"Sketches and
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WHEREAS, the Site Improvements will be constructed on a portion of the Real Estate designated
as a Greenbelt, Drainage, Utility and Sewer Easement and Landscape Easement (the "Easements
identified as "30' GREENBELT 30' D.U. S.E EASEMENT and "25' LANDSCAPE DRAINAGE
EASEMENT" on the Sketches; and
WHEREAS, the Easements are beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketches, the Site Improvements encroach (individually and
collectively, the "Encroachments upon the Easements, which Encroachments are crosshatched on the
Sketches; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on the Sketches,
should not materially interfere with the City's use of the Easements.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though such
were fully set forth herein.
2. The City consents to the Encroachments for only so long as:
(i) the Encroachments exist; and
(ii) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
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otherwise change any or all of the Encroachments and /or the Site Improvements from what
is depicted on the Sketches.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility
lines, sewer lines or drainage ditches located in any or all of the Easements, or for any other
lawful purpose, and that, should the City take such action, the City shall incur no obligation
to repair, replace or reimburse Owner for the cost of any damages thereby caused to the
Site Improvements.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury and /or
death, and from any destruction and /or damage to any property or improvements, located
on the Real Estate, or otherwise, which results directly or indirectly from any action or
inaction of the Owner, its employees, officers, officials, invitees, licensees and /or agents,
regarding or related to the Site Improvements and /or the Encroachments in the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Site
Improvements, or due to Owner's other obligations, responsibilities, actions or inactions as
set forth herein. Owner further agrees that City may enforce Owner's obligations and
responsibilities as set forth herein through the exercise of any legal or equitable remedies,
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including, but not limited to, the City curing any continuing breach of Owner's obligations
and responsibilities, at Owner's sole cost and expense.
7. Owner agrees that Owner will not transfer its obligations and responsibilities under this
Agreement without the prior express written consent of City, which consent will not be
unreasonably witheld, and that, in the event of such transfer, Owner agrees that this
Agreement and all the terms and conditions thereof shall be binding on any entity to which
Owner may transfer its obligations and responsibilities hereunder.
8. Owner agrees that Owner's usage of the Irrigation System will be restricted to non -peak
hours and that the System may, at any time, be subject to other use restrictions by the City
including, but not limited to, the System only being used on designated days or from "dusk
to dawn
9. Owner agrees that its use of the Irrigation System will not create standing water and /or
other drainage problems that affect the City or adjacent property owners and that, if such
problems arise, City, in its sole discretion, may itself remove or may notify Owner who shall
then immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
10. Owner agrees that the water flow from the Irrigation system shall be directed away from all
street travel lanes and that water from the System shall not be permitted to spray onto,
traverse or otherwise come into contact with any travel lanes or paved areas of any street or
street intersection.
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11. Owner agrees that the placement of the Site Improvements in the Easements shall be at
Owner's sole cost, expense and risk, and that, if City, in its sole discretion, performs any
work in the Easements including, but not limited to, the maintenance of grassy
areas /landscaping or the snow plowing of streets or sidewalks, that causes damage to the
Site Improvements, or any part thereof, any and all repairs to same shall be the sole
responsibility of the Owner and that, under no circumstances, shall the City be responsible
for any costs of relocation and /or repair of the Site Improvements.
12. Owner agrees that certified record drawings of the installed Irrigation System shall be
provided to the City immediately upon completion of the construction of same, which
drawings shall show by dimensional location, among other things, the location of all
sprinkler heads, piping, controllers, valves, meter pits, and similar Irrigation System
instruments and /or equipment.
13. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City with a recorded copy of same within ten (10) business days from the
effective date of this Agreement. In the event this Agreement is not timely recorded by
Owner, Owner agrees and consents to City recording same, at Owner's sole expense.
14. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
15. The persons executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf of the party which they represent.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
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"OWNER" "CITY"
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ARAMARK EDUCATIONAL SERVICES.' CITY OF CARMEL, INDIANA
a r �r,;� BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
/V/1�tlee
John Olen, ecutive Vice President J es Brainard, Presiding O' icer
t-dn- 1$- f 3v, 44 Z 9 Date: a
Date: I .h.,.r 13 i L.v 0
ANFIMr-/-I i1
Mary Ann rk Member
Date: f y `--coi
Billy Iker, Member
Date: l,2 -/9 4' i
ATTES, 6
Diana Cordray I C Clerk"-Tre' :ur-t
Date: /V 0/
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STATE OF
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, p-, sonall a. peared J�HN ROSEN�, 1
EXECUTIVE VICE PRESIDENT OF ARAMARK EDUCATIONAL g3i hne known an'�
who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary
act and deed. x .i on 12.J4.0-0---6 b.1 so-4 e-4-r p J
Witness my hand and Notarial Seal this 13-ilt day f 2001.
TX1 (-g
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My Commissio i ifts: •0
1. c—_su A
O Printed Name X1 yj:•
1, OF C00% My County of Residence: Co 3fc -rSan 0-0 v
MY Commbsion Dress NNW
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "CONSENT
TO ENCROACH" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this O of 1 i (11 �Qi 2001.
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My Commission Expires: t> ,or 04 0 y
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This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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LAND DESCRIPTION
Lot Number 6 in Hazel Dell Corner a proposed subdivision in the City of
Carmel, Hamilton County, Indiana and more particularly described as
follows:
Part of the Northeast Quarter of Section 28 in Township 18 North, Range
4 East in Hamilton County, Indiana.
Commencing at the Southeast corner of said Northeast Quarter; thence
North 00 degrees 20 minutes 43 seconds East 1376.66 feet along the
East line of said Northeast Quarter; thence North 89 degrees 55 minutes
53 seconds West 60.00 feet to the West line of Hazel Dell Road and the
Point of Beginning; thence continuing North 89 degrees 55 minutes 53
seconds West 227.43 feet; thence South 00 degrees 20 minutes 4.3
seconds West 280.50 feet parallel with said East line; thence South 89
degrees 55 minutes 53 seconds East 227.43 feet to said West line;
thence North 00 degrees 20 minutes 43 seconds East 280.50 feet along
said West line to the Point of beginning, containing 1.46 acres more or
less.
Subject to all easements, rights of way or other servitude.
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LAND DESCRIPTION ENGINEERING INC.
CHILDREN'S WORLD LEARNING CENTER 8906 E. 96th Street, Suite 281, Fishers, IN 46038
Phone: (317) 841 -3141 Fax: (317) 841 -9951
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TRICYCLE /BIKE PATH ENCROACHMENT EXHIBIT
CHILDREN'S WORLD LEARNING CENTER ENGINEERING INC.
8906 E. 96th Street, Suite 281, Fishers, IN 46038
SCALE: 1 40' Phone: (317) 841 -3141 Fax: (317) 841 -9951