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2012 Illinois St pay request 03JAMES BRAINARD, MAYOR CITY OF CARMEL, INDIANA, REDEVELOPMENT AUTHORITY COUNTY OPTION INCOME TAX LEASE RENTAL REVENUE BONDS, SERIES 2006 CONS'T'RUCTION FUND SUB ACCOUNT DRAW REQUISITION RE: (NON - REVERTING ILLINOIS STREET IMPROVEMENT FUND) ACCOUNT # 54800007S6 REQUISITION NO. 3 Regions Bank One Indiana Square. Suite 115 Indianapolis. Indiana 46204 Attention: Corporate Trust Department Fax: (317)221 -6010 DATE: September i. 2012 RE: Trust Indenture between the City or Carmel Redevelopment Authority (the "Authority"). and Regions Bank, as trustee. dated as of August 1. 2006 (the "Indenture "). securing $72,000.000 City of Carmel. Indiana, Redevelopment Authority County Option Income Tax Lease Rental Revenue Bonds. Series 21106 (the "Bonds ") The undersigned certify that: (a) The undersigned is an officer of the City oICarnmel, Indiana: (b) The amounts set forth on Schedule A are requested to be paid from the City of Cannel Redevelopment Authority 2006 Project Construction Fund Sub Account (Non - Revelling Illinois Street Improvement Fund (the "Fund "): (c) Each obligation as reflected by the amounts set forth on Schedule A has been properly incurred. is a proper charge against the Fund. and has not been the basis of any previous withdrawal from the Fund: and (d) Supporting information with respect to each payee designated on Schedule A as to the amount owing is attached hereto. CITY OF CAA KIEL. IN Nd By: �% Diana L. Cordray. Clerk- Treasur • Authorized Officer DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARnMEL, IN 46032 OFFICE 317.571.2441 FAN 317.571.2439 EMAII. enginreringe@cannel. in.gov SCHEDULE A TO CITY OF CARMEL, INDIANA, REDEVELOPMENT AUTHORITY COUNTY OPTION INCOME TAY LEASE RENTAL REVENUE BONDS, SERIES 2006 CONSTRUCTION FUND SUB ACCOUNT PAYMENT REQUISITION RE: (NON - REVERTING ILLINOIS STREET IMPROVEMENT FUND) Payee's Name Cost Itemization Amounts Requisitioned E R 13 Paving 17042 Middletown Avenue Noblesville. IN 46060 Illinois Street: 106`h to 116th Construction Estimate #2 $28,830.30 Hall. Render, Killian, Heath K Lyman 33778 Treasury Center Chicago, IL 60694 -9700 Illinois Street Legal Services — Inv. #230725, $95.63 Keller Macaluso LLC 770 3fd Ave SW Carmel, IN 46032 Illinois Street Legal Services— Inv. #2012 -0507, Inv. #2012 - 0510.8.: Inv. #2012 -0513 $4,63(1.20 Clerk of Hamilton Co. Circuit /Superior Court 1 Hamilton Co. Square, Ste. 106 Noblesville_. IN 46060 Illinois Street Extension Valley Development Co., Inc. Right of Entry $330.000.00 Clerk of Hamilton Co. Circuit /Superior Court I Hamilton Co. Square, Ste. 106 Noblesville. IN 46060 Illinois Street Extension .1 EC Partnership II, LLC Right of Entry $280.000.00 TOTAL $643.562.13 ALL CHECKS LISTED HEREON to BE O \'ERNICIITED TO: City of Carmel Engineering Department Attn: Katie Neville 1 Civic Square Carmel, IN 46032 CITY OF CARMEL 0 ORIGINAL PROJECT NO. 11 -09 Illinois Street Extension Progress Estimate Summary Sheet 8 Signature Page Progress Estimate No Partial Final 2 x Earned to date S Previous payments $ Earnings this estimate $ Retainage Amount due Contractor $ $ CONTRACTOR: CONSULTANT: 230,329.16 198,295.49 32,033.67 3,203.37 28,830.30 , Paving E aaving Co., Inc. 17042 Middletown Avenue Noblesville, IN 46060 AMERICAN STRUCTUREPOINT, INC. 7260 Shadeland Station Indianapolis, Indiana 46256 -3957 DATE: q"/"/2- Phone: (317) 773 -4132 Fax: (317) 773 -4137 DATE: II17.— Phone: (317) 547 -5580 Fax: (317) 543 -0270 APPROVED BY: DATE: CITY OF CARMEL Construction Pay Estimate Report City of Carmel 8/31/2012 12:19 PM FieldManager 4.5a Contract: _Carmel 11 -09, Illinois Street Extension Estimate No. 2 Estimate Date 8/31/2012 Entered By Melissa L Walker Estimate Type MONTHLY Managing Office American Structurepoint, Inc. All Contract Work Completed Construction Started Date Prime Contractor E &B Paving 17042 Middletown Avenue Noblesville IN 46060 Comments Item Usage Summary Project: 11 -09, Illinois Street Extension Category. 1 Base Bid Prop. Project Item Mod. Item Description Unit Item Code Ln. Lino No. Type No. Quantity Item Price Dollar Amount Clearing Of Right -Of -Way LS _0210 0003 0015 00 000 0.700 40,000.00 $28,000.00 Temporary Silt Fence LFT _0123 0012 0060 00 000 1,666.500 1.15 $1,916.48 Field Office, C MOS _0346 0051 0255 00 000 1.000 2,117.19 52,117.19 Subtotal for Catogory 1: 132,033.67 Subtotal for Project 11 -09: $32,033.67 Time Charges Site Site Description Site Method Total Estimated Item Payment: 532,033.67 Days Charged Liq. Damagos 00 Overall Contract Site Completion Date 25 $0 Total Liquidated Damagos: 50 Pre - Voucher Summary Project Stockpile Voucher No. Item Paymont Adjustment Dollar Amount 11 -09, Illinois Street Extension 0002 532,033.67 $0.00 $32,033.67 Voucher Total: 132,033.67 Contract ID: _Carmel 11 -09 Estimate: 2 Page 1 oft Construction Pay Estimate Report City of Carmel 8/31/2012 12:19 PM FieldManager 4.5a Summary Current Voucher Total: - Current Retainage: - Current Liquidated Damages: - Current Adjustments: Total Estimated Payment: Estimate Cert $32,033.67 $3,203.37 $0.00 $0.00 $28,830.30 Earnings to date: - Retainage to date: - Liquidated Damages to date: - Adjustments to date: Net Earnings to date: - Payrnents to date: $230,329.15 $23,032.92 $0.00 $0.00 $207,296.23 $176,465.94 Not Earnings this period: RPR - American Structurepoint, Inc . . E & 0 Paving Co., Inc. City of Carmel $28,830.29 (4112 (Date 9- 9- /Z (Date) (Date) Contract ID: _Carmel 11 -09 Estimate: 2 Page 2 of 2 Construction Pay Estimate Amount Balance Report Estimate: 2 City of Carmel 8/31(2012 12:19 PM FieldManager 4.5a Contract: _Carmel 11 -09, Illinois Street Extension Project: 11 -09, Illinois Street Extension Category: 1, Base Bid Prop. Item Authorized Quantity This Qty. Paid Total Qty. Line Item Description Code Qty. Unit Estimate To Date Placed % Cpt Unit Price Dollar Amt. Paid To Dale 0001 Construction Engineering _0273 1.000 LS 0002 Mobilization And Demobilization _0151 1.000 LS 0003 Clearing Of Right -0f -Way _0210 1.000 L5 0004 Houses and buildings. Remove, Parcel 0313 1.000 L5 No 4 0005 Excavation. Common _3081 18,009 000 CYO 0006 Borrow 0716 11,262.000 CYO 0007 Temporary Erosion and Sediment _0315 2.000 EAGH Control. Culvert Pipe Protection 0008 Temporary Erosion and Sediment 0316 70.000 EACH Control, Curb Inlet Protection 0009 Temporary Check Dam, Revetment 0119 144.000 TON Riprap 0010 Temporary Ditch Inlet Protection _0121 2.000 EACH 0011 Temporary Mulching _0115 12.000 TON 0012 Temporary Silt Fence _0123 6,163.000 LFT 0013 No. 2 Stone _0147 200.000 TON 0014 Subgrade Treatment, Type 0L4 _0317 1,329,000 SYD 0015 Subgrade Treatment, Type IC _0318 11.307.000 SYD 0016 Structural Back911 _0319 4,184.000 CYD 0017 Chemical Modification, Soils _0320 30,582.000 SVD 0018 Compacted Aggregate. No. 53 Base _3010 861.000 TON 0019 Coarse Aggregate, 8 _0321 12.000 TON 0020 Compacted Aggregate. No. 53 _0322 244.000 TON 0021 Milling, Asphalt, 1 1/2 in 0323 3,034,000 SYD 0022 H1,IA Surface, Type A _0324 104.000 TON 0023 H61A Surface, Type C 0185 2,937.000 TON 0024 HMA. Intermediate, Type A _0325 311.000 TON 0025 HMA Intermediate, Type C 0326 4 508.000 TON 0026 HMA Base, Type C _0327 13.227.000 TON 0.700 1.666.500 0.100 1.000 0.700 0.900 0.000 0.000 0.000 0.000 0.100 10% 1.000 100% 0.700 70% 0.900 90 28,500.00000 173,207.10000 40,000.00000 15,000.00000 12.00000 0.50000 85.00000 65.00000 0.000 30.00000 0.000 0.000 5,790.500 0,000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 5,790.500 94% 65.00000 450.00000 1.15000 20.00000 6.50000 11.15000 20.25000 5.25000 30.00000 30.00000 20.00000 2.76000 100.00000 65.00000 85.00000 48.90000 46.00000 52,85000 5173,207.10 528.000.00 513,500,00 55,659.08 Contract: _Carmel 11 -09 Estimate: 2 Page 1 of 6 Construction Pay Estimate Amount Balance Report Estimate: 2 City of Carmel 8/31/2012 12.19 PM FieldManager 4.5a Project: 11 -09, Illinois Street Extension Category' 1 Base Bid Prop. Item Authorized Quantity This Qty. Paid Total Qty. Line Item Description Code Qty. Unit Estimate To Date Placed % Cpt Unit Price Dollar Amt. Paid To Date 0027 HMA. Type C, Intermediate, OG 19.0mm _0328 4,116.000 TON 0028 Asphalt for Tack Coat _0184 28.000 TON 0029 Decorative Concrete Pavement, Truck 0329 260.000 SYD Apron 0030 Decorative Concrete. 4 in. _0330 92.000 5YD 0031 Curb Ramp. Concrete, C _0331 111.000 SYD 0032 Curb Ramo. Concrete, G _0168 29.000 SYD 0033 Curb Ramp. Concrete, L _0332 125.000 SYD 0034 Curb, Modified, Roll _0333 635.000 LFT 0035 Curb. Concrete. Straight _0334 560000 LFT 0035 Curb and Gutter, Type II _0335 10.583.000 LFT 0037 Curb and Gutter, Type III _0336 9,453.000 LFT 0038 Cum and Gutter Turnout Concrete 0337 14.000 LFT 0039 HMA for Approaches, Type B 0338 264,000 TON 0040 Mailbox Assembly, Single 0149 2.000 EACH 0041 Geotextiles _3085 226000 SYD 0042 Ripmp, Revetment _0339 86.000 TON 0043 Mobilization and Demobilization for 0114 4.000 EACH Seeding 0044 Fer•.ilizer _0340 2.000 TON 0045 Seed Mixture, U 0341 849.000 LES 0046 Seed Mixture, T _0342 673.000 LES 0047 Mulching Materiel _0343 10.000 TON 0048 Water _0344 28.000 MG 0049 Topsoil 0345 2,222.000 CYO 0050 Sodding, Nursery _0117 7.570.000 5Y0 0051 Field Office, C _0346 18.000 MOS 0052 Pipe End Section, Precast Concrete, 12 0347 17,000 EACH in 1.000 0.000 0.000 0.000 0000 0000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0,000 0.000 2.500 0.000 2.500 14% 50.00000 525.00000 105.00000 75.00000 175.00000 105.00000 135.00000 13.00000 13.00000 11.50000 11.50000 95.00000 85.00000 250.00000 2.00000 35.00000 300.00000 1,050.00000 5.50000 3,05000 370.00000 1.00000 8.00000 3.08000 2,117.19000 525.00000 55,292.98 Contract: _Carmel 11 -09 Estimate: 2 Page 2 of 6 Construction Pay Estimate Amount Balance Report Estimate: 2 City of Carmel 8/31/291212:19 PM FieldManager 4.5a Project: 11 -09, Illinois Street Extension Category: 1, Base Bid Prop. Item Authorized Quantity This Qty. Paid Total Qty. Line Item Description Code Qty. Unit Estimate To Date Placed % Cpt Unit Price Dollar Amt Paid To Date 0053 Pipe End section, Precast Conaele, 36 0348 2.000 EACH 0.000 1.300.00000 in. 0054 Pipe, Type 4, Circular, 6 In _0173 8,918.000 LFT 0.000 4.30000 0055 Video Inspection for Pipe _0349 5,851.000 LFT 0.000 1.00000 0056 Pipe. Reinforced Concrete, 12 M. 0350 3,157.000 LFT 0.000 32.00000 0057 Pipe, Reinforced Concrete, 15 in, 0351 371.000 LET 0.000 36.00000 0059 Pipe. Reinforced Concrete, 18 in. 0352 113.000 LFT 0.000 38.00000 0059 Pipe. Reinforced Conuele, 24 in. _0353 423.000 LFT 0000 50.00000 0060 Pipe. Reinforced Concrete, 30 in. 0354 668.000 LFT 0.000 71.00000 0061 Pipe, Reinforced Concrete. 36 in. _0355 1.119.000 LFT 0.000 83.00000 0062 Video Inspection for Underdrains _0174 3.000.000 LFT 0.000 1.00000 0063 Aggregate For Underdrains _0171 533,000 CYD 0.000 33.00000 0064 Geotexlles For Underdrain _0172 9.690.000 SYD 0,000 100000 0065 Manhole, 110 _0356 1.000 EACH 0.000 3,600.00000 0066 Casting Adjust to Grade _0357 4.000 EACH 0.000 700.00000 0067 Inlet F7 _0358 1.000 EACH 0.000 1.500,00000 0068 Inlet, J10 _0359 26.000 EACH 0.000 1,800.00000 0069 Inlet. IA10 0360 8.000 EACH 0000 2,000.00000 0070 Catch Basin, K10 _0361 35.000 EACH 0.000 2,200.00000 0071 Manhole, C4 _0405 10.000 EACH 0.000 1,850.00000 0072 Manhole, C2 0362 1.000 EACH 0.000 2,100.00000 0073 Manhole, J4 0363 13.000 EACH 0.000 3,400.00000 0074 Cansrnclion Sign. C _0364 10.000 EACH 0.000 238,00000 0075 Road Closure Sign Assembly _0365 13.000 EACH 0.000 141.00000 0076 Detour Route IAarker Assembly _0366 46.000 EACH 0.000 8100000 0077 Construction Sign, A _0367 20.000 EACH 5.000 5.000 25% 164.00000 0079 Maintaining Tragic _0086 1.000 LS 0.000 35.188.64000 0079 Barricade, IIFA _0368 204.000 LFT 0.000 13.00000 5620.00 Contract: _Carmel 11 -09 Estimate:2 Page 3 of 5 Construction Pay Estimate Amount Balance Report Estimate: 2 City of Cannel 8/31/2012 12:19 PM FieldManager 4.5a Project: 11 -09, Illinois Street Extension Category: 1, Base Bid Prop. Item Authorized Quantity This Qty. Paid Total Qty. Dollar Amt. Line Item Description Code Qty. Unit Estimate To Date Placed % Cpt Unit Price Pald To Date 0080 Barricade, 111-0 _0369 144.000 LFT 0.000 15.00000 0081 Sign Post, Square, 1, Reinforced Anchor _0088 681.000 LFT 0.000 1150000 Base 0082 Sign, Sheet. Relocate _0370 23.000 EACH 0.000 20.00000 0083 Sign, Sheet, with Legend, 0.030 In. _0093 196.000 SFT 0.000 15.00000 0084 Sign. Sheet. with Legend. 0.100 In. _0094 96,000 SFT 0.000 16.00000 0085 Irrigation Conduit. PVC. 4 in. _0371 500.000 LFT 0.000 9.00000 0086 Decorative Street Lighting, Wiring and _0372 8.000 EACH 0.000 9.500.00000 Installation 0087 Lighting Power Distribution Panel _0373 2.000 EACH 0.000 6,000.00000 0088 Hantlhole _0374 16.000 EACH 0.000 875,00000 0089 Decorative Street Sign Assembly _0375 8.000 EACH 0.000 1,650.00000 0090 Cable Interduct _0376 6.031.000 LFT 0.000 11.00000 0091 Hantlhole, Lighting _0083 8,000 EACH 0.000 600.00000 0092 Conduit, Steel, Galvanized, 2 in. for _0081 508.000 LFT 0.000 12.00000 Lighting 0093 Wire, 64 Copper In Plastic Duct. In _0406 1,415.000 LFT 0.000 10.00000 Trench. 4, 1/C 0094 Transverse Marking Thermoplastic _0377 720.000 LFT 0.000 4.05000 Crosswalk, White 24" 0095 Line, Thermoplastic, Broken, White, 4 in. 0062 1,020.000 LFT 0.000 0.50000 0096 Line. Thermoplastic. Solid, White, 4 in. _0061 4.178.000 LET 0.000 0.45000 0097 Line Thermoplastic, Solid, White. 6 in 0378 606.000 LFT 0.000 1.25000 0098 Line, Thermoplastic, Solid, Yellow, 4 in. _0064 11,330.000 LFT 0.000 0.45000 0099 Transverse Marking, Thermoplastic, _0379 633.000 LFT 0.000 1.95000 Solid. Yellow, Crosshatch Line, 12' 0100 Transverse Markings. Thermoplastic, _0063 426.000 LFT 0.000 1.25000 Crosswalk Line. 6 in. 0101 Pavement Message Marking, _0380 11.000 EACH 0.000 80.00000 Thermoplastic, Lane Indication Arrow 0102 Snowplowable Raised Pavement Marker _0381 18.000 EACH 0.000 46.10000 Contract: _Carmel 11 -09 Estimate:2 Page 4 of 6 Construction Pay Estimate Amount Balance Report Estimate: 2 City of Carmel 6131/2012 12:19 PM FieldManager 4.5a Project: 11 -09, Illinois Street Extension Category 1 Base Bid Prop. Item Authorized Quantity This Qty. Paid Total Qty. Dollar Amt. Line Item Description Cade Qty. Unit Estimate To Date Placed '4 Cpt Unit Price Paid To Date 0103 Pavement Message Marking, _0302 24.000 EACH 0.000 125.00000 Thermoplastic, Fishhook lane Indication Arrow 0104 Transverse Marking, Thermoplastic, _0383 232.000 LFT 0.000 10.00000 "Sharks Teeth" 0105 Line. Thermoplastic, Broken, White, _0384 517.000 LFT 0.000 3.00000 l2in.. 3ft Stripe - 3h Gap 0106 Line. Thermoplastic. Broken. White, 6in., _0385 311.000 LFT 0.000 1.87000 311 Stripe - 30 Gap 0107 Erosion Control Blanket _0306 6.835.000 SYD 0.000 1.08000 0109 Pipe. Sanitary Sewer, 10' 0387 134.000 LFT 0.000 52.00000 0109 Sanitary Manhole _0388 2000 EACH 0.000 2.500.00000 0110 8- Borrow _0201 278.000 CYD 0.000 23.00000 0111 Fire Hydrant, Relocate _0389 4.000 EACH 0.000 6,500.00000 0112 Valve Box. Adjust to Grade _0390 6.000 EACH 0.000 750.00000 0113 Pipe End Section, Precast Concrete, 15 0391 2.000 EACH 0.000 550.00000 In. Category: 2, Alternate Bid #1 Prop. Item Authorized Quantity This Qty. Paid Total Qty. Line Item Description Code Qty. Unit Estimate To Date Placed Subtotal for Category 1: % Cpt Unit Price $230,329.16 Dollar Amt. Paid To Date 1001 Construction Engineering 0273 1.000 LS 0.000 710.00000 1002 Mobilization And Demobilization 0151 1,000 LS 0.000 21,519.00000 1003 Water Main, Ductile Iron, 12 in. 0392 3.047.000 LFT 0.000 44.00000 1005 Water Main. Ductile Iron. 8 in 0393 5.000 LFT 0.000 127.00000 1006 Tapping Sleeve Wth Valve 0394 2.000 EACH 0.000 6,000.00000 1007 12' Water Main Tee _0395 3.000 EACH 0.000 1,200.00000 1009 12' x 12' x 8" Water plain Tee _0396 1.000 EACH 0.000 1.000.00000 Contract: Carmel 11 -09 Estimate: 2 Page 5 of 6 Construction Pay Estimate Amount Balance Report Estimate: 2 City of Carmel 8/31/2012 12:19 PM FieldManager 4.5a Project: 11 -09, Illinois Street Extension Category: 2, Alternate Bid #1 Prop. Item Authorized Line Item Description Code Qty. Quantity This Unit Estimate Qty. Paid Total Qty. To Date Placed % Cpt Una Price Dollar Amt. Paid To Date 1010 1r x 12" x 6' Water Main Tee _0397 5.000 EACH 0.000 950.00000 1011 Gate Valve. 12' 0398 4,000 EACH 0.000 2,300.00000 1012 B Borrow _0399 987.000 CYD 0.000 22.00000 1013 Coarse Aggregate. No 8 _0400 179.000 TON 0.000 16.00000 1014 Fire Hydrant Assembly _3042 7.000 EACH 0.000 4,500.00000 1017 45 degrees Bend, 12' 0401 10.000 EACH 0.000 800.00000 1018 11.25 degrees Bend. 12' _0402 9.000 EACH 0.000 800.00000 1019 Street Cut Repair _0403 8.000 SYD 0.000 305.61000 1020 Asphalt Path Repair 0404 11.000 SYD 0.000 340.76900 Percentage of Contract Completed(curr): 6% (total earned to date / total of all authorized work) Subtotal for Category 2: $0.00 Subtotal for Project 11 -09: $230,329.16 Total Amount Earned This Estimate: $32,033.67 Total Amount Earned To Date: $230,329.16 Contract: _Carmel 11 -09 Estimate: 2 Page 6 016 HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. PLEASE SEND PAYMENT TO: 39778 Treasury Center Chicago. IL 60694-9700 (317) 633 -4884 Fade,aI !DC: 35- 1427161 City of Carmel Attn: Douglas C. Haney, Esq. One Civic Square Carmel, IN 46032 Matter Number: 983004 - 093038 Illinois Street - Parcel 3 - Condemnation FOR PROFESSIONAL SERVICES RENDERED 08-02 -12P03 07RCRCVDD Invoice No.: 230725 Billing Atty.: D. Honig July 31, 2012 06/29/12 Correspondence from Bank of America regarding satisfaction of Countrywide D. Honig .30 hours at 318.75 per hour. 95.63 FEE SUBTOTAL $95.63 S E R V I C E S S U M M A R Y Timekeeper Hours David B. Honig .30 Value $95.63 TOTAL THIS INVOICE $95.63 TOTAL BALANCE NOW DUE $95.63 Billed to Date Fees: Billed to Date Disbursements: Received to Date Fees: Received to Date Disbursements: $1,836.01 $178.00 $1,740.38 $178.00 Keller Macaluso LLC 770 3rd Avenue SW Carmel, IN 46032 13111 To Douglas C. Haney Carmel City Attorney City Hall, 1 Civic Square Carmel, Indiana 46032 Invoice 09_25- 12P01:33 R" Date: 7/19/2012 Invoice # 2012 -0510 Phone 11 317 -660 -3400 Fax # 317 - 660 -3401 www.kel lermacaluso. com Federal ID: 27-1716316 Client # / Matter Attorney TK1-1 90006 -018 / Acquistion of Illinois Street easement from UEC Partnership 11, LLC (Pittman) Service date Initials Time Description of Service Amount 6/14/2012 JS 0.3 Obtain two (2) 2012 deeds that reference JEC Partnership entities as the owner(s) of the property; forward same to Tammy Haney; obtain business entity information for JEC Partnership entities via Indiana Secretary of State; forward same to Tammy Haney. 45,00 6/14/2012 TKH 1.6 Work on right of entry; Telephone calls and correspondence 520.00 regarding same; research regarding parcel ownership. 6/15/2012 TKH 1.8 Work on right of entry; review revised plans; Telephone calls and 585.00 correspondence regarding same. 6/28/2012 TKH 0.6 Begin review of comments to right of entry; correspondence 195.00 regarding same. 6/29/2012 TKH 1.6 Review property owner's revisions to right of entry; telephone call 520.00 with Mike McBride regarding same; telephone calls and correspondence regarding review of property owner's appraisal and additional appraisal for right of entry. 6/29/2012 Sub Total Legal Fees 1.0 Search Fees Sub Total Expenses 1,865.00 16.20 16.20 TK - Too Keller MRM - Matthew R. Macaluso EM - Eric McNamar NH - Nate Hutchings TKH - Tammy K Haney AH - Andrew Held EN - Eric Ncidlinger JS - Jennifer Schulz SO - Shari Owens Terms Upon Receipt Total for Services: $1,881.20 Keller Macaluso LLC Invoice 770 3rd Avenue SW Carmel, IN 46032 Bill To Douglas C. Haney Carmel City Attorney City Hall, 1 Civic Square Carmel, Indiana 46032 01_2g_12P01:35 REVD Date: 7/19/2012 Invoice # 2012 -0513 Phone # 317- 660 -3400 Fax # 317-660-3401 www.kellerrnacaluso.com Federal ID: 27-1716316 Client # / Matter Attorney TKH 90006 -021 / Valley Development Righ of Entry for Illinois Street Service date Initials Time Description of Service Amount 6/5/2012 TKH 0.3 Correspondence regarding right of entry. 97.50 6/8/2012 TICE 1.3 Meeting regarding right of entry; begin work on same. 422.50 6/14/2012 TKH 0.8 Work on right of entry; telephone calls and correspondence regarding 260.00 saute. 6/15/2012 TKH 1.9 Work on right of entry; telephone calls and correspondence regarding 617.50 same. 6/29/2012 TK 0.1 Attention to issues with Tammy Haney regarding eriEnall 26.00 annallEdelaMee 6/29/2012 NH 1.4 Research regarding condemnation proceedings and payment in 259.00 faMEWRIElpi 6/29/2012 TKH 0.9 Telephone call with Mike McBride regarding terms of the right of entry and appraisal of the right of entry property. Telephone calls and correspondence regarding additional appraisal. Sub Total Legal Fees 292.50 1,975.00 TK - Too Keller MRM - Matthew R. Macaluso EM - Eric McNamar NE - Nate Hutchings TKH - Tammy K. Haney EN - Eric Neidlinger JS - Jennifer Schulz SO - Shari Owens Terms Upon Receipt Total for Services: $1,975.00 Keller Nlacaluso 770 3rd Avenue SW Carmel, IN 46932 I3i11 To Douglas 0.1 -ianey Carmel City Attorney CiryHall, I Civic Square Cannel, Indiana 46032 Surv,Lc Ja.tc I k mils 6175/2012 TKH Invoice 01-25-12P01' 32 RC1� Dale: 7 /19 / ?Oi2 Bnoicc # 2012 -0507 Phone 3f7- 060.3400 Fua N 317 - 560 -3401 www.k ul ] er maca l aso, com. Federal ID: 27-1715316 Clicni g / Mutter Attorney "K H 90006 -010 / Right of entry for Indiana Fanners Insurance Time Description of Service 0.5 Revise right of entry ; telephone. cells and correspondence regarding same. AI DUElt 162.50 6120/2012 TK}l 1.3 Attend meeting regardir.r right of entry issues. 422.50 6/21/2012 TKId 0,2 Correspondence regarding revised exhibits. (5.00 6/2212012 TKH 0,4 (review infarmtnion regarding plans and arca needed for right of 130.03 cutly; con-espoudeuce [egerding snmc. Sub Total Legal Fccs 780.00 'IK - oo- Cullo- 417,9 - Matthew R. N1 cuhrsa RNA - Erie McNaim,r PIl{ - Nate ilutchings TKF - Ternmy K. }Laney Iti'. - Andrew lidd EN - Erie Neidlingcr 35 - leneifer Schulz SO • Shun. O\rcas Terms Upon Receipt Total for Services: $780.40 Project: Illinois Street Extension Parcel: 2, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 211, 2J and 2K RIGHT OF ENTRY This RIGHT OF ENTRY has been executed this day of August, 2012 (the "Effective Date ") by Valley Development Co., Inc., ( "Grantor") and the City of Carmel, Indiana, an Indiana municipal corporation ( "Grantee'). RECITALS WHEREAS, Grantor is the owner of certain real estate (the "Grantor's Parcel ") located in the City of Carmel, Hamilton County, Indiana; generally adjacent to US 31, on the north and south sides of 111'5 Street; and WHEREAS, Grantee is involved in a project to construct a public improvement project entitled Illinois Street Extension (the "Project "); and WHEREAS, the Project affects a portion of the Grantor's Parcel and Grantee needs to acquire fee simple title a portion of the Grantor's Parcel, which portion (the "Fee Parcel ") is more particularly described in Exhibit "A" and Exhibit "B" which are attached hereto and incorporated herein by this reference; and WHEREAS, Grantor and Grantee have not concluded their negotiations with respect to the acquisition of Fee Parcel, but desire to enter into this Grant of Right of Entry to allow Grantee to start on the Project until such titne as a deed for the Fee Parcel is fully executed and recorded; and NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the foregoing Recitals, all of which are incorporated herein and the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follovrs: 1. Grant. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees the right to use the Fee Parcel for any lawful purpose related to the Project including, but not limited to, installation of public utilities, surveying, testing, moving dirt or ground, removal of dirt or ground, landscaping, and constructing the roadway as would be permitted if the right -of -way had actually been obtained. 2. Additional Grantee Obligations. Grantee shall not cause damage to the Fee Parcel and, upon completion of any work associated with the Project, shall promptly retum the Fee Parcel to a condition that is equal to or bettor than its condition prior to this grant of right of entry. In addition, Grantee shall have the right to have a staging area, store equipment, dirt, fill, tools, material or supplies on the Grantor's Parcel, in conjunction with the work associated with the Project. Grantee further agrees to cause its contractor to furnish and keep in full force and effect throughout the term of this Right of Entry reasonable and customary insurance coverages. 3. Termination by Conveyance. Except as provided in Section 4 below, this Right of Entry shall be irrevocable with respect to Fee Parcel until such time as the Deed is recorded in the Office of the Recorder of Hamilton County, Indiana at which time this Right of Entry shall terminate. 1 4. Termination by Order. Neither party hereto waives any of their rights with respect to the Fee Parcel in the event negotiations fail and it becomes necessary for Grantee to institute eminent domain proceedings via the filing of a condemnation complaint. In such event, however, this Right of Entry shall nevertheless be irrevocable until such time as an Order of Appropriation, under the terms of which Grantee acquires the Fee Parcel, is issued by the applicable Court having jurisdiction regarding eminent domain matters and such Order is recorded in the Office of the Recorder of Hamilton County, Indiana. 5. Additional Conditions. Notwithstanding anything herein contained to the contrary, the parties agree as follows: (i) If the parties have not reached agreement with regard to the purchase and sale of the Fee Parcel within fifteen (15) days of the Effective Date, Grantee shall initiate an action to condemn the Fee Parcel through an eminent domain action brought by Grantee pursuant to L C. §32- 24 -1 -1 et seq. (the "Condemnation Act ") in the applicable Hamilton Circuit or Superior Courts (the "Court ") in accordance with the terms of the Condemnation Act. Further, in connection therewith, both parties shall stipulate to the right and authority of Grantee to acquire the Fee Parcel, and simultaneously with the filing of the condemnation action, shall jointly request that the Court promptly proceed to appoint appraisers to determine appropriate damages in accordance with I.C. §32- 24 -1 -9. (ii) Grantee shall pay the Court, within thirty (30) days of the filing of the condemnation action, the sum of Three Hundred Thirty Thousand Dollars ($330,000), which shall be deemed a deposit ( "Deposit ") towards the purchase of the Fee Parcel, and credited against the purchase price therefore in connection with any purchase and sale thereof agreed upon by the parties, or otherwise credited against any condemnation award resulting from the taking of the Fee Parcel. Upon Grantee making such Deposit, Grantor and Grantee shall stipulate to (i) the Deposit being made in advance of receipt of the Court- appointed appraisers' award; (ii) the Deposit being fully applicable to the Court - appointed appraisers' award such that the amount to be deposited with the Court by Grantee upon receipt of the Court - appointed appraisers' award shall be reduced by the Deposit; and (iii) consent to Grantor's immediate withdrawal of such Deposit, without the need for Grantor to provide security for the repayment of the Deposit. (iii) The parties agree that for purposes of any such condemnation action, the date of the taking, for purposes of calculating interest due and payable on any award made in the condemnation action, shall be the Effective Date, provided that no interest shall be paid on the Deposit except as may be required by the Condemnation Act. (iv) Promptly upon the retum of the Court- appointed appraisers' award in connection therewith, Grantee shall (but in no event later than thirty (30) days from receipt of such Court - appointed appraisers' award) deposit with the Clerk of the Court the amount, if any, by which the Court- appointed 2 the Clerk of the Court the amount, if any, by which the Court - appointed appraisers' award exceeds the Deposit made by Grantee hereunder, and consent to the withdrawal thereof by Grantor, upon Grantor providing adequate security for the repayment thereof (consistent with the provisions of the Condemnation Act) in the event the matter is resolved by settlement or entry of final judgment for a lesser amount. 6. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Grantor's Parcel and the Fee Parcel, that all approvals from Grantor and any other party with a right or interest in the Grantor's Parcel and the Fee Parcel have been obtained and that there is no encumbrance, restriction, agreement or other circumstance which would prohibit Grantor from providing this Right of Entry or, the Deed; provided that Grantee acknowledges that the Fee Parcel is subject to the terms, covenants and restrictions of the plat of Meridian Suburban Subdivision. The undersigned persons executing this Right of Entry on behalf of Grantor represent and certify that he is a duly elected officer, partner or representative of Grantor and has been fully empowered, by proper resolution, consent or other action of Grantor, to execute and deliver this Right of Enuy or; that Grantor has full corporate capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. 7. Indemnification. Grantee shall indemnify, defend and save Grantor harmless from any breach of this Right of Entry by Grantee. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right of Entry as of the day first above wrincn. GRANTOR: Valley Development Co., Inc. BY )1..... z ✓.a.n. ± Shpl..n L. V►I■net Printed Narne )rn S. Title 3 the Clerk of the Court the amount, if any, by which. the Court - appointed appraisers' award exceeds the Deposit made by Grantee hereunder, and consent to the withdrawal thereof by Grantor, upon Grantor providing adequate security for the repayment thereof (consistent with the provisions of the Condemnation Act) in die event the matter is resolved by settlement or entry of final, judgment for a lesser amount. 6. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Grantor's Parcel and the Fee Parcel, that all approvals from Grantor and any other party with a right of interbst in the Grantor's Parcel ae'd the Fee Parcel have been obtained and that there is no encumbrance, restriction, agreement or other circumstance which would prohibit Grantor from providing this Right of Entry or, the Deed; provided that Gmdtethcknowlcdges that the Fee Parcel. is subject to the terms, cotenants and restrictions of the plat of Meridian Suburban Subdivision. The undersigned persons executing this Right of Entry on behalf of Grantor represent and certify that be is a duly elected officer, partner or representative of Granter and has been fully empowered, by proper resolution, consent or other action of Grantor, to exeunt. and deliver this Right of Entry or that Grantor has full corporate capacity to convey the real estate described herein; and that all accessary action for the malting of snob conveyance has been taken and done. 7. Tndemnihtcation Grantee shall indemnify, defend and save Grantor harmless from any breach of this Right of Entry by Grantee. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right of Entry as of the day first above written. GRANTOR: Valley Development Co., Inc. 54-.Ph . 1_. 1/alh tCf Printed Name Tres. Title 3 EXHIBIT "A" Project: 11 -09 Parcel: 2 Fee Simple Tax ID: 29-13-02-000-023.000-034 Sheet 1 of 11 A part of the Southwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right -of -way Tines depicted on the attached Right-of-Way .Parcel Plat, marked Exhibit "B ", described as follows: Commencing at the southwest coma of said section, said southwest comer being designated as point "8S8" on said plat; thence North 89 degrees 09 minutes 44 seconds Fast 968.10 feet along the south line of said section; thence North 0 degrees 03 minutes 17 seconds West 736.10 feet to e point designated as point `600" on said plat and the point of beginning of this description, which point of beginning is the southwest comer of the grantor's land: thence North 0 degrees 05 minutes 02 seconds West 184.12 feet along the west line of the grantor's land to point "601" designated on said plat; thence North 0 degrees 04 minutes 42 seconds East 650.18 feet along said west line to point "602" designated on said plat and the southwest comer of Lot 18 in Meridian Suburban, First Section, the plat of which Is recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indiana; thence South 87 degrees 29 minutes 29 seconds East 153.00 feet along the south line of said lot to point "613" designated on said parcel plat; thence South 0 degrees 00 minutes 00 seconds East 825.34 feet to a point on the south lint of the grantor's land designated as point "612" on said parcel plat; thence South 89 degrees 09 minutes 24 seconds West 153.48 feet along said south line to the point of beginning and containing 2.922 acres, more or less. This description was prepared for the City of Carmel, Indiana by Jessica L Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24th day of January, 2012. Q0060€1, ci" zo(' 5 \T2 j No.2 * ILS20600032 STATE OF ,d l9yO SUBtt. 5 EXHIBIT "A" Project: 11 -09 Parcel: 2A Fee Simple Tax ID: 29- 13-02 -301- 010.000-034 Sheet 2 of 11 Lot 18 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 East, the plat of which subdivision is recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indiana. This description was prepared far the City of Carmel, Indiana by Jessica L Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24th day of January, 2012. . STgp...., sietko• icJ0\ No.'' * LS20600032 * e_ OF /a QQj 9yU SlJ(l l 6 EXHIBIT "A" Project: 11 -09 Parcel: 2B Fee Simple Tex ID: 29- 13-02 -301- 009.000 -034 Sheet of 11 Lot 19 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 East, the plat of which subdivisions recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indian. This description was prepared for the City of Carmel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24th day of January, 2012. 7 EJsICIIIIT "A" Project; 11 -09 Parcel: 2C Fee Simple Tax ID: 29-13-02-301-008.000-034 Sheet 4of11 Lot 20 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 East, the plat of which subdivision is recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Cannel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24th day of January, 2012. ifixvitt, S, 8 EXHIBIT "A" Project: 11 -09 Parcel: 2D Fee Simple Tax ID: 29-13-02-301-007.000-034 Sheet 5 of 11 Lot 21 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 East, the plat of which subdivision is recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Carmel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, License Number LS20600032,nn the 24thday of January, 2012. No. LS20600032, STATE OF 9 EXUWIT "A" Project: 11-09. Parcel: 2E Fee Simple Tax ID: 24- 13 -02- 301. 006.000 -034 Sheet6of 11 Lot 22 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 East, the plat of which subdivision is recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Cannel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24thday of January, 2012. 9404; pi P4 10 EX ULB L "A" Project: 11 -09 Parcel: 2F Fee Simple Tax ID: 29- 13 -02. 301 - 005.000 -034 Shat 7 af 11 Lot 23 in Meridian Suburban, First Section, a subdivision in ,the Southwest Quarter of Section 2, Township 17 North, Range 3 Bast, the plat of which subdivision is recorded In Plat Book 2, page ] 74, in the Office of the Recorder af Hamilton County, Indiana. This description was preparedfot the City of Carmel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, License Number LS20600332, on the 24th by of January, 2012. mvn._ t �U S ,5� No.� 2 * LS20600032 * STATE OF �9yoSUM 11 EXHIBIT "A" Project: 11 -09 Parcel: 20 Fee Supple Tax 1D: 29- 13 -02- 301 - 004.000 -034 Sheet it af11 Lot 24 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 East, the plat of which subdivision is recorded in Plat Book 2, page 174, in the ORice of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Carmel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24th day of January, 2012. C/IJ�rR, 01 12 EXHIBIT "A" Project: 11-09 Parcel: 211 Fee Simple Tax TD: 29.13 -02 - 301 -003.000-034 Sheet 9 of 11 Lot 25 in Meridian Suburban, First Section, a subdivision in the Southwest Quarter of Section 2, Township 17 North, Range 3 Past, the plat of which subdivision is recorded in Plat Book 2, page 174, in the Office of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Carmel, Indiana by Jessica L. Stapleton, Indiana Registered Land Surveyor, Ltccase Number LS20600032, on the 24th day of January, 2012. �wweua �GPG. sTgpe� y,5\ srrT No LS208OIi 32 STpiF OF ioE su f 13 EX131T "A" Project: 11-09 parcel: 2K Pee Simple Tax ID: 29-13-02-000-005,000-018 Sheet 11 of 11 A pan of the East Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, tutd being that part of the grantor's lend lying within the right -of -way lines depleted on the attached Right -of -Way Parcel Plat, molted Exhibit 'B ", described as follows: Eeginning at the southwest comer of said half - quarter section; thence North 0 degw...., 11 minutes 50 seconds East 3101 feet along the west line of said half - quarter section to point `648" designated an said plat; thence North 88 degrees 57 minutes 32 seconds East 64.22 feet to point "649" designated on said plat; thence South I degree 02 minutes 28 seconds East 35.00 feet to the south tine of said quarter section; thence South 88 degrees 57 minutes 32 seconds West 64.98 feat along said south line W the point of beginning and containing 0.052 nuts, more or less, inclusive of the presently existing right -of -way which contains 0.015 acres, more or less. This description was pmpated for the City of Carmel, Indiana by Jessica L, Stapleton, Indiana Registered Land Surveyor, License Number LS20600032, on the 24th day of January, 2012. 1 ' ziorz _) ar `�P1.SSTgA Not, a * LSZOB00032 *4 STATE OF S v 15 EXHIBIT "B" RIGHT. -OF -WAY PARCEL PLAT Prepared For City of Cannel, Indiana by AMERICAN STRUCTUREP.OINVT INC. *no - �IICIIS .FASIERT 1 1. 1 LOT Il .7L9a, LOT V LOT 9 Ica' SHEET 1OF5 0 1001 200' SCALE: 1'200' liNCHESTER'CT OMAR eumm EASOIOII 9• SEWER EASEMENT IN FAVOR OF CLAY TDYAISN IP REGIONAL WASIE DISTRICT roan OWNER: Valley Develop PARCEL: 2 CODE: NM PROJECT: 11.09 ROAD: Illinois Street COUNTY: Hamilton SECTION: 2 TOWNSHIP: 17 North RANGE: 3 East HATCHED AREA 1S THE APPROXIMATE TAICNG ent Co., Inc. DRAWN BY: MP CHECKED BY: 31.5 DES NO • N/A 9 Deed Record 206, page 97, dated August 6, 1966 Deed Record 230, page 290, dated August 20, 1969 Sold -Off: Deed Record 242, page 191, dated Dezember 16, 1970 Instrument Number 200200091r 5 dated August 2D, 2001 Instrument Number 200200044633, dated June 10, 2002 THIS PLUMS %WARE, MOM PUNIC LODIMBII$ MO ME O1E0EO BY P. DEW RAVEN 16 EXHIBIT "B" SHEET 2OF5 RIGHT -OF WAY PARCEL PLAT Prepared For Clty of Carmel, Indiana 0Y:. AMCRI AN STR CTUREPOINT 648 INC. RESIDUE'8'ulpu r,. 0 100' 200 SCALE: 1'"204 HATCHED AREA I5 THE APPROXIMATE TAKING OWNER: Valley Development Ca., Inc. PARCEL: 2 CODE: N/A PROJECT: 11 -09 ROAD: Illinois Street COUNTY: Hamilton SECTION: 2 TOWNSHIP: 17 North RANGE: 3 East DRAWN BY: JDP CHECKED BY: JLS DES, NO.: N/A IS BBBJBJO fimM W BLIC 003J FYTS NC KM O10CE0 BY A nap SUWEY.; 17 EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For City of Carmel, Indiana by: AME ISM 5T'UCTUREPOINT A47 SHEET3OF5 0 100• tar — I—"'° SCALE: 1'e2W} X11 ..c1-n5 (3.5 3� 2) 11' ur HATCHED AREA IS THE APPROXIMATE TAKING OWNER: Va ey Development Co., Inc PARCEL: 2 CODE: N/A PROJECT: 11 -09 ROAD: Illinois Street COUNTY: Hamilton SECTION: 2 TOWNSHIP: 17 North RANGE: 3 East DRAWN BY: DP CHECKED BY: 3HS DES, NO.: N/A Tab MT WAS MEWED Mil PUNIC 000MDITS MD NOT CHECKED BYA nan SURVH'. 18 EXHIBIT "B" RIGHT -AF -WAY PARCEL. PLAT Prepared For C1t9 of Carmel, Indiana SY: AMERICAN STRUCTUREPOINT • INC. ENCE CHART (Feet SHEET 4OF5 Point North 1 East I Station I Offset I Q 176 500 501 .503 511 SURVEY PLAT 512 SEE LOCATION CONTROL ROUTE 857 • 858 917 9902 600 100445.7950 105849,9414 +PL(17 +34.61) P14152.47) Lt. Line PR A 601 100629.9127 105849.6745 +PL(19 +18.73) PL(102.74') Lt. Line PR -A 602 101280.0929 105850.5620 +PL(25+68,91) PLC/01-851 Lt. Une PR -A 603 102329.9743 10513455782 +PL(59 +64.22) Ex RW(501) Rt. Una D 612 100448.0540 106003,4110 +PL(17 +35.87) 51' Rt. Una PR -A 613 101273.3956 106003.4119 +PL(25 +62.21) 51' Rt. Une PR -A 614 101272.3315 106027.7024 +PL(25 +61.15) Ex RW(75.29') Rt. the PR -A 615 101457.2148 106023.1593 +Ex RW(27 +46.03) Ex RW(70,75') Rt. Une PR -A NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. (OWNER: Valley Development Co., Inc PARCEL: 2 CODE: N/A PROJECT: 11 -09 ROAD; Illinois Street COUNTY( Hamilton SECTION: 2 TOWNSHIP: 17 North RANGE: 3 at DRAWN BY: JDP CHECKED BY: 3LS DES. NO.: NIA 13ERMAN STRUCRIREFQINE RiC PDOMCT 110.2039A17ZI L, IRS NAT WAS PRAMS FROM NAIICDONxtinS ANO NOTOIECIIED KY1, NEDSURVEY.)/ 19 EXHIBIT "5" RIGHT -OF -WAY PARCEL PLAT Prepared Far City of Carmel, Indiana by: AMERICAN STRUCTUREPOINT INC. POINT REFERENCE CHART (Feet SHEET S OF 5 Point North East Station Offset Q 616 101486.9023 106018.8406 +Ex RW(27 +75.72) Ex RW(66.43') Rt. Line PR -A 517 1.01649.9125 106006,6173 +Ex RW(29 +38.73) Ex RW(54,21') Rt. Line PR -A 645 101304.2483 106029.6207 i.Ex RW(25 +93.06) EX RW(77,21') Rt, Line PR -A 646 102128.9545 105004.1130 +PL(34+24.91) Ec RW(42.99') Rt. Line PR -A 647 102129.8631 106054.1009 +PL(34 +34.73) Ex'RW(92.19') Rt. Line PR -A 648 102420,8119 105215.0271 +PL(63 +35.75) 35' 2 Line 0 649 102421.9759 105279.2399 64 +00 35' Lt Uwe D 650 102396.9830 106279.6941 64 +00 Ex RW(10') Lt. Line D 651 102395.8062 106214.9410 +PL(63 +35.24) Ex RW(10') Lt Line 0 SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the 'Lost-don Control Route Survey' retarded as Inst. No. 2011049024 In the Office aF the Recorder of Hamilton County, Indiana, Incorporated and made a part hereof by reference, comprise a Route Survey aXecuted in aamrdence with Indiana Administrative code 065 IAC 1-12 ('Rule 12'). 1,t 1 //a 44)0 esslca L. Stop( on Date Reg. Land Surveyor No. LS20600032 State of Indiana r esisA * 132 06000 2 STATE OF 4 suMae u,m,muw+ 0 NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: Valley Development Cc., Inc. PARCEL; 2 CODE: N/A PROJECT: 11 -09 ROAD: Illinois Street COUNTY: Hamilton SECTION: 2 TOWNSHIP: 17 North RANGE: 3 East DRAWN BY: JDP CHECKED BY: )IS DES. NO.: N/A ANERICM STRUCmREPOINT, INC PROJECT NO. 1E69.Sing TICS PLAT WAS PREPAY/I) nxlM PARK OIXUHEYI +ANSNOT CXFAKEa.9YARED SURVEY)) 20 K1V1 I Keller Macaluso LLC Attorneys at Law Tammy K. Haney Legal Solutions, Practical Advice® Direct: 317- 660 -3410 THaney@kellermacaluso.com August 21, 2012 VIA HAND DELIVERY Mike McBride City of Carmel One Civic Square Carmel, IN 46032 Re: Valley Development Right of Entry Dear Mike: Enclosed is the original Valley Development signature for the right of entry we received last week. Please send me a fully executed copy once the BPW has approved. TKH:s!t Enclosure Very truly yours, RIGHT OF ENTRY THIS RIGHT OF ENTRY has been executed this G� day of August, 2012 (the "Effective IVNIOIao U Date "), by JEC Partnership I1, LLC, an Indiana limited liability company ("Grantor"), and the City of Carmel, Indiana, an Indiana municipal corporation ( "Grantee "). RECITALS WHEREAS, Grantor is the owner of certain real estate (the "Grantor's Parcel ") located in the City of Carmel, Hamilton County, Indiana, and described on Exhibit "A" which is attached hereto and incorporated herein by this reference; and WHEREAS, Grantee is involved in a project to construct a public improvement project entitled Illinois Street Extension (the "Project "); and WHEREAS, the Project affects a portion of the Grantor's Parcel and Grantee desires to acquire fee simple title a portion of the Grantor's Parcel, which portion (the "Fee Parcel ") is more particularly described and depicted on Exhibits "B -1" and "B -2 ", respectively, which are attached hereto and incorporated herein by this reference; and WHEREAS, Grantor and Grantee have not concluded their negotiations with respect to the acquisition of Fee Parcel but desire to enter into this Grant of Right of Entry to allow Grantee to start on the Project until such time as a fee title to the Fee Parcel is acquired. NOW THEREFORE, in consideration of the sum of One Dollar 51.00), and the foregoing Recitals, all of which are incorporated herein, and the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge the parties agree as follows: I. Grant. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees, as of the Effective Date, the right to use the Fee Parcel for any lawful purpose related to work on the Project, including but not limited to, installation of public utilities, surveying, testing, moving dirt or ground, removal of dirt or ground, landscaping and constructing roadways as would be permitted if the Fee Parcel had been acquired. 2. Farm Access. In conjunction with the work associated with the Project, Grantee further agrees to the following: (1) Grantee will allow Grantor and /or Grantor's farm tenant access across the Fee Parcel for farming equipment only at specific access points to be mutually agreed upon by Grantor and Grantee for the purpose of continuing farming activities on the Grantor's Parcel. Such access shall terminate on the earlier of (a) the termination of this Right of Entry pursuant to Sections 3 or 5; or (b) the Project is completed and open to the public; and (ii) Grantor shall Terminate the existing farm lease with respect to the Fec Parcel on or fr before the Effective Date of this Right of Entry. 3. Termination by Conveyance. Except as provided in Section 5 below, this Right of Entry shall be irrevocable with respect to Fee Parcel until such ti me as a Deed (or a judgment entered in connection with any condemnation action) is recorded in the office of the Recorder of Hamilton County, Indiana, at which time this Right of Entry shall terminate. 4. Additional Conditions. Notwithstanding anything herein contained to the contrary, the parties agree as follows: (i) Within five (5) days after the Effective Date, if the parties have not reached agreement with regard to thc purchase and sale of the Fee Parcel, Grantee shall initiate an action to condemn the Fee Parcel through an eminent domain action brought by Grantee pursuant to I. C. §32 -24 -I -1 et seq. (the "Condemnation Act ") in the applicable Hamilton Circuit or Superior Courts (the "Court") in accordance with the terms of the Condemnation Act. In connection therewith, both parties shall stipulate to the right and authority of Grantee to acquire the Fee Parcel, and simultaneously with the filing of the condemnation action, shall jointly request that the Court promptly proceed to appoint appraisers to determine appropriate damages in accordance with I.C. §32-24-1-9. Further, the parties acknowledge and agree that (A) Grantee has offered to purchase the Fee Parcel by presenting JEC Partnership, L.P. with a Uniform Land Acquisition Offer (the "Offer ") equal to such appraised fair market value and in accordance with the Condemnation Act on December 16. 2011; (B) JEC Partnership, L.P. is the sole member of Grantor; and (C) Grantor agrees that the Offer is a Uniform Land Acquisition Offer under the Condemnation Act, properly provided to and received by Grantor and JEC Partnership, L.P. at least ninety (90) days prior to the Effective Date. Grantor waives any objections based upon failure of such Offer, and shall stipulate thereto in the condemnation action. Grantee shall pay the Court, within thirty (30) days of the filing of the condemnation action, the sum of Two Hundred Seventy -Five Thousand Dollars ($275,000), which shall be deemed a deposit ( "Deposit ") towards the purchase of the Fee Parcel, and credited against the purchase price therefore in connection with any purchase and sale thereof agreed upon by the parties. or otherwise credited against any condemnation award resulting from the taking of the Fee Parcel. In addition, Grantee shall contemporaneously therewith pay to the Court the suns of Five Thousand Dollars ($5,000) for damages relating to the lost income relating to farm crops on the Fee Parcel, which amount shall be pan of the Deposit. Upon Grantee making such Deposit, Grantor and Grantee shall stipulate to (i) the Deposit being made in advance of the receipt of the Court- appointed appraisers' award; (ii) the Deposit being fully applicable to the Court- appointed appraisers' award such that the amount to be deposited with the Court by Grantee upon receipt of the Court- appointed appraisers' award shall be reduced by the Deposit; and (iii) consent to Grantor's immediate withdrawal of such Deposit, without thc need for Grantor to provide security for the repayment of the Deposit. (iii) The parties agree that for purposes of any such condemnation action, the date of the b")c taking, for purposes of calculating interest due and payable on any award made in the condemnation action, shall be the Effective Date, provided that no interest shall be paid on the Deposit except as may be required by the Condemnation Act. (iv) Promptly upon the return of the Court- appointed appraisers' award in connection therewith, Grantee shall (but in no event later than thirty (30) days from receipt of such Court- appointed appraisers' award) deposit with the Clerk of the Court the amount, if any, by which the Court- appointed appraisers' award exceeds the Deposit made by Grantee hereunder, and consent to the withdrawal thereof by Grantor, upon Grantor providing adequate security for the repayment thereof (consistent with the provisions of the Condemnation Act) in the event the matter is resolved by settlement or entry of final judgment for a lesser amount. Grantor shall promptly, but in any event prior to Grantor's withdrawal of the Deposit, (i) pay any amounts due with respect to any agreement which affects the Fee Parcel, to any third party, whether or not such agreement is recorded. including but not limited to any amounts due to Gersham Brown Crowley, Inc. and Grantor's farm tenant; or (ii) obtain a release from such third party. (vi) Grantee accepts the Fee Parcel in its As -Is, Where -As condition; provided, however, the parties acknowledge and agree that each party shall have whatever warranties or protections as to the condition of the Fee Parcel such party would have under the Condemnation Act and nothing in this Right of Entry shall expand or diminish such warranties or protections. 5. Termination by Order. Neither party hereto waives any of their rights with respect to the Fee Parcel in the event negotiations fail and it becomes necessary for Grantee to institute eminent domain proceedings via the tiling of a condemnation complaint. In such event, however, this Right of Entry shall nevertheless he irrevocable until such time as an Order of Appropriation, under the terms of which Grantee acquires the Fee Parcel, is issued by the applicable Court having jurisdiction regarding eminent domain matters and such Order is recorded in the office of the Recorder of Hamilton County, Indiana. (v) 6. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Grantor's Parcel, that all approvals from Grantor and any other party with a right or interest in the Grantor's Parcel have been obtained and that there is no encumbrance, restriction, agreement or other circumstance which would prohibit Grantor from providing the Right of Entry. Specifically, Grantor has obtained the necessary consents and /or releases from Gersham Brown Crowley, Inc. and Grantor's farm tenant. The undersigned persons executing this Rieht of Entry on behalf of Grantor represent and certify that he is a duly elected officer, partner or representative of Grantor and has been fully empowered, by proper resolution, consent or other action of Grantor, to execute and deliver this Right of Entry; that Grantor has full corporate capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. 7. Indemnification. Grantee shall indemnify, defend and save Grantor harmless from (a) any breach of this Right of Entry by Grantee, and (b) any and all liability, loss, damage, cost, obligation and expense which arises out of or results from any actual or alleged negligent act, 3 whether of commission or omission, of Grantee, its agents, employees, contractors, subcontractors, licensees or other claiming by, through or under Grantee, occurring in or about the Fee Parcel whether in the exercise of Grantee's rights hereunder or in breach or excess thereof, or otherwise. Grantor shall indemnify, defend and save Grantee harmless from any breach of this Right of Entry by Grantor. 8. Insurance. Prior to taking physical possession of the Fee Parcel, Grantee shall provide to Grantor evidence of the existence of general commercial public liability insurance, reflecting either Grantee or its project contractor, as insureds, and Grantee, as an additional insured, in any such circumstance providing insurance for the benefit of Grantee (among others) with respect to all activities to be undertaken pursuant to this Right of Entry, with limits of not less than Two Million Dollars ($2,000,000) per person, and Five Million Dollars ($5,000,000) per occurrence. Such insurance shall be written by an insurance company licensed to do business in the State of Indiana, and shall not be cancellable upon less than thirty (30) days prior written notice to Grantor. 9. Notices. All notices authorized or required under this Right of Entry shall be in writing, and shall be given by registered or certified mail, return receipt requested and postage prepaid, or by hand delivery, or by email addressed to the parties to whom notice is given as follows: If to Grantor: With a copy to: If to Grantee: JEC Partnership 11, LLC c/o Pittman Partners PO Box 554 Carmel, IN 46082 Attn: John Pittman E -mail: johnpittman @me.com Zeff A. Weiss, Esq. Ice Miller LLP One American Square, Suite 2900 Indianapolis, W 46282 E -mail: zeff.weiss @icemiller.com City of Carmel City 1-lall One Civic Square Carmel, IN 46032 Attn: Douglas Haney, City Attorney E -mail: dhaney @carmeLin.eov City of Carmel City Hall One Civic Square Carmel, IN 46032 Attn: Mike McBride, City Engineer E -mail: mmcbride @carmel.in.eov 4 With a copy to: Tammy K. Haney, Esq. Keller Macaluso LLC 770 3rd Avenue SW Cannel, IN 46032 E-mail: thanev @kellermacaluso.com IN WITNESS WHEREOF, Grantor and Grantee herein, by their duly authorized representatives or agents, have executed this Gram of Right of Entry as of the day first above written. GRANTOR JEC Partnership 11, LLC By: JEC Partnership, LP, its sole member By: By: Pitun:m Management, LLC. sole :eneral partner 411;1 fr dm Pittman, Aut orized Agent 5 GRANTEE The City of Carmel, Indiana By: (Signature) Its: (Printed Name and Title) Approved and Adopted thi 4 midday of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: JAfnes Brainard, Presiding Officer Date: /VuJ vs 21 2, 2 0 17 22/ Mary A Burke, Member Date: No-7 % son Lori S. Watson, Member Date: t'r� a� 20 EXHIBIT A GRANTOR'S PARCEL A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East of the Second Principal Meridian, Clay Township, Harnilton County, Indiana: Commencing at the Northwest Corner of said Northwest Quarter; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, said point being the point of beginning of the 70.174 acre tract of land described in Quit Claim Deeds recorded as Instruments No. 9127260, 9127261, 9127262, 9127263, 9127264, 9217780, 9217781, 9217782, 9217783, 9217784, 9413236, 9413237, 9413238, 9413239, 9413240, 9555180 ,9555181,9555182,9555183 and 9555184 in the Office of the Recorder of Hamilton County. Indiana, said point also being the point of beginning of the 1.690 acre tract of land (called Parcel 2) described in a Quit Claim Deed recorded as Instrument No. 200500026462 in said Recorder's Office: thence South 13 degrees 00 minutes 48 seconds West 261.71 feet along the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261.67 foot long course) to its origin; thence South 13 degrees 00 minutes 48 seconds West 261.11 feet along the first course of the land description of said 70.174 acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522.967 foot long coursc) to the Wcst Line of said Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West Line of said Northwest Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds East 1,025.00 feet to the Point of Beginning; thence North 88 degrees 57 minutes 32 seconds East 310.02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along the East Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land description of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long course), the following Iwo (2) courses are along the boundary of said 70.174 acre tract of land; 1) thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes 31 seconds Wcst 749.72 feet to a point called "324" in the land description of the 0.881 acre tract of land (called Parcel 213) in the Quit Claim Deed recorded as Instrument No. 200500026462 in said Recorder's Office, the following five (5) courses are along the boundary of said 0.881 acre tract of land; 1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West 145 .00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89 degrees 48 minutes 29 seconds West 174.99 feet to the Eastern boundary of the 2.319 acre tract of land (called point "319" in the Parcel 2A land description) described In a Quit Claim Deed recorded as Instrument No. 200500026462 in said Recorder's Office, the following two (2) courses are along the boundary of said 2.319 acre tract of land; 1) thence South 00 degrees 11 minutes 31 seconds East 22 28 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 130.00 feet; thence South 00 degrees 11 minutes 34 seconds East 175.00 feet; thence South 12 degrees 48 minutes 30 seconds East 1568.26 feet to the point of beginning, containing 18.565 acres, more or less., recorded as Instrument No. 2012009773, in the Office of the Recorder of Hamilton County. Indiana. A -1 PROPOSED RIGHT -OF -WAY Project: 11-09 (Illinois Street) Carmel, Indiana EXHIBIT B -1 FEE PARCEL Parcel: 5 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Beginning on the south line of said quarter section North 88 degrees 57 minutes 32 seconds East 1,025.00 feet from the southwest corner of said quarter section; thence North 1 degree 02 minutes 28 seconds West 50.00 feet; thence North 49 degrees 41 minutes 06 seconds East 126.97 feet; thence North 13 degrees 59 minutes OR seconds East 279.36 feet; thence Northwesterly 463.38 feet along an arc to the left having a radius of 485.00 feet and subtended by a long chord having a bearing of North 13 degrees 23 minutes 07 seconds West and a length of 445.96 feet; thence North 40 degrees 45 minutes 23 seconds West 291.39 feet; thence Northwesterly 577.04 feet along an arc to the right having a radius of 815.00 feet and subtended by a long chord having a bearing of North 20 degrees 28 minutes 23 seconds West and a length of 565.06 feet; thence North 0 degrees 11 minutes 24 seconds West 117.16 feet to a point on the south line of the 2.319 -acre tract described in Instrument Number 200500026462; thence North 89 degrees 48 minutes 26 seconds East 100.00 feet along said south line; thence South 0 degrees I I minutes 24 seconds East 117.16 feet; thence Southeasterly 506.23 feet along an arc to the left having a radius of 715.00 feet and subtended by a lone chord having a bearing of South 20 degrees 28 minutes 23 seconds East and a length of 495.73; thence South 40 degrees 45 minutes 23 seconds East 291.39 feet; thence Southeasterly 558.93 feet along an arc to the right having a radius of 585.00 feet and subtended by a long chord having a bearing of South 13 degrees 23 minutes 07 seconds East and a length of 537.91 feet: thence South 13 degrees 59 minutes 08 seconds West 179.36 feet; thence South R degrees 16 minutes 30 seconds West 100.50 feet; thence South 22 degrees 35 minutes 08 seconds East 55.75 feet; thence South 1 degree 02 minutes 28 seconds East 50.00 feet to the south line of said quarter section; thence South 88 degrees 57 minutes 32 seconds West 225.00 feet along said south line to the point of beginning and containing 4.530 acres, more or lesss, inclusive of the presently existing right -of -way which contains 0.052 acres, more or less. B -1 -1 �a EXHIBIT B -2 ILLUSTRATION OF FEE PARCEL IOCC ,11ytIWFD I I...*W _.wt.w.Vw1 rate r••• yr W 4 • 44•4 4ti�M MTnvri r4 1141 • MM. JEC Partnership 11 LLC Panel 391: 18.585 C2=1Fao Parcel: 4.53 M:. PARCEL EXFIIBIT Date :June29,2012 MO..,y• NA Irdwak4 44r.w,aW .Mawnl • anfral •• u.Y.. t. a..9.... S., •ry 4.4n 4•• LIB WEIRS ANOINUAAs mansamit 1/2 84 644 7.5 B -2 -1