11895 N Meridian St - Residence Inn- Carres LLC Instrument
V
200300038225
,o(\ APPROVED, AS TO
N\a, CONSENT TO ENCROACH FORM
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Carres, LLC c/o White Lodging Services Corporation, Manager, 1000 East 80 Place, Suite 700 North,
Merrillville, Lake County, Indiana, 46410 "Owner and the City of Carmel, Hamilton County, Indiana,
by and through its Board of Public Works and Safety "City"), 2003t_ 0038225
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
WITNESSETH: 04 At OEeO1 pm.
ENCROACHMNT 20,0
WHEREAS, Owner owns in fee simple certain real estate "Real Estate in the Meridian Mark III
Subdivision, commonly known as the Residence Inn, 11895 North Meridian Street and Springhill Suites,
11855 North Meridian Street, Cannel, Indiana, which are located within the corporate limits of the City of
Carmel, Indiana "Residence Inn/Springhill Suites and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County
Recorder on November 26, 2001 as Instrument 200100076556 and as the Meridian Mark III
Subdivision; and
WHEREAS, Owner has constructed a ground mounted sign (the "Sign and a parking lot (the
"Lot on the Real Estate; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the existing location of
the Sign and the Lot on the Real Estate, copies of which are attached hereto and incorporated herein by
this reference as Exhibit "A and
WHEREAS, the Sign and the Lot havebeen constructed on a portion of the Real Estate designated
as dedicated easements (the "Easements identified as a "10' Landscape Easement, 20' D.U. &S.E. and
20' Sanitary Sewer Easement" on Exhibit A; and
WHEREAS, the Easements are beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Sign and the Lot encroach (the "Encroachment upon the
Easements, which Encroachments are identified on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the location of the Sign and the Lot as indicated by the Owner on the Sketch, 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 Encroachment for only so long as:
(i) the Encroachment exists; and
(ii) Owner complies with the terms and provisions of this Agreement. Not
withstanding the foregoing, if Owner intends to replace the Encroachment for any
reason whatsoever, including as a result of damage to, or destruction of, the
Encroachment, then: (a) prior to replacing the Encroachment, Owner shall deliver
written notice of such intent to the City, together with sketches depicting the
proposed replacements (which notice, in the case of damage to, or destruction of,
the Encroachment shall be delivered within 30 days after such damage or
destruction); (b) so long as the proposed replacements are of a quality, size, and
design consistent with the original Encroachment, the consent the City shall extend
to such replacement Encroachment; and (c) all references in this Agreement to the
Encroachment shall be deemed to refer to the Encroachments, as replaced.
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3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change any or all of the Encroachment, the Sign and /or the Lot from what is
depicted on the Sketch.
4. Owner agrees that City shall have the right to remove any portion of the Sign and /or the
Lot as City deems necessary, in City's sole discretion, to: (a) install, protect and/or repair
any utility lines, sewer lines or drainage ditches located in any or all of the Easements; (b)
construct, repair, and /or replace any improvements with respect to the right -of -way for
Pennsylvania Street; or (c) for any other lawful purpose provided that, when exercising its
rights under this Section, City shall, except in a bona fide emergency, deliver written notice
to Owner. If the City exercises its rights under this Section, then the City shall incur no
obligation to repair, replace or reimburse Owner for the cost of any damages thereby
caused to the Sign and/or the Lot.
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 Sign, the Lot and /or the Encroachments in the Easements.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easements and any improvements located therein
caused by the installation, construction, maintenance and /or operation of the Sign and /or
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the Lot, or due to Owner's other obligations, responsibilities, actions or inactions as set
forth herein.
7. 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.
8. 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.
9. 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.
10. This Agreement shall be effective as of the date on which the last party hereto executes same.
"OWNER" "CITY"
CARRES, LLC BY WHITE LODGING CITY OF CARMEL, INDIANA
SERVICES CORPORATION, MANAGER BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
�itCi /`LC4
Lawrence E. Burnell, Ja s Brainard, Presiding Officer
Executive Vice President of Finance Date: r 0 4
SSN: 135-- 31 37
Date: /,V/ 03
Mary Ann urke, Member
D ate:
11
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1 Lori Wats• em ter
RETURN TO: s o
Sandra M. Johnson
City of Carmel A T J r J ST: Sandra M O
1 Civic Square r Clerk for
Carmel Indiana 46032 ana Cordra I 1 Clerk- Treasurer
/Date: o? 5 /2
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STATE OF INDIANA
SS:
COUNTY (0"
Before me, a Notary Public in and for said County and State, personally appeared LAWRENCE E.
BURNELL, EXECUTIVE VICE PRESIDENT OF FINANCE OF WHITE LODGING SERVICES
CORPORATION,. MANAGER OF CARRES, LLC, by me known, and who acknowledged the execution
of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
;Witness.my.hand and Notarial Seal this 4 day of 44:6_,.., 20613 \1. c'.,,:' A io /0--ec-Q__D i r mot '"1- O TARY PUBLIC
IMI G o�mriY�ssIoili p i Tes:•'"
h I' t -e a
4 Printed Name
s My County of Residence: 632,-/..,_._
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 LORI WATSON, by me know A e:. ..6 e' h 0'
Members of the City of Carmel Board of Public Works and Safety, and 16 y4_ s iyay; •Y,. CC1errk-
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the'foregoi'rig "CONSENT
TO ENCROACH" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of t '�'20 y
x ®c ,e
C) r
NOTARY PUBLIC
My Commission Expires:`
"/eM k f Printed Name ''.r
My County of Residence: ,�i.e
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
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RIGHT OF WAY LINE 10' LANDSCAPE EASEMENT
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NO RTH PENNSYLVANIA STREET