Covenant of Nondiscrimination Q\Z R\r/)73;—
APPROVED AS TO POflM ► Oc 1*-1Y
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COVENANT OF NONDISCRIMINATION
al
-N^This Covenant of Nondiscrimination (the "Covenant") is entered into as of the / day
of tttAnt k, 2005, by the CITY OF CARMEL, INDIANA, by and through its Board of
Public Works & Safety, and the CITY OF CARMEL REDEVELOPMENT COMIVIISSION.
WITNESSETH:
WHEREAS, the following facts are true:
A. In August, 2002, the U.S. Department of Housing and Urban Development
("HUD") awarded to the City of Carmel, Indiana (the "City"), a Special Purpose Grant B-02-SP-
IN-0220 (the "Grant") for the development of a reflecting pool and an area-wide subterranean
detention system on the property commonly known as "Veteran's Plaza" (the "Project") in the
City of Carmel, Hamilton County, Indiana, which Project is more specifically described in
Exhibit A attached hereto and incorporated by reference herein. The Project is titled in the name
of the City of Carmel Redevelopment Commission. For purposes of this Covenant, "City"
includes the City of Carmel Redevelopment Commission.
B. As a part of awarding the Grant to the City, HUD required that a covenant be
placed on the Project to ensure nondiscrimination during the period in which the Project is used
for its intended purpose as outlined in the Grant.
C. The City therefore enters into the following Covenant of Nondiscrimination for
the Project as required by the Grant.
NOW, THEREFORE, in consideration of the foregoing, the City enters into this
Covenant of Nondiscrimination as follows:
1. The Recitals set forth above are hereby incorporated by reference.
2. The City hereby covenants and agrees that, in accordance with the terms and
provisions of the Grant and applicable federal law, the City shall not discriminate
based on race, color,national origin or handicap in relation to the Project.
3. This Covenant shall run with the land.
4. In the event of a violation of this Covenant by the City, HUD shall have the right
to enforce this Covenant in accordance with the provisions of the Grant.
71513_2.DOC
IN WITNESS WHEREOF, the foregoing Covenant of Nondiscrimination was executed
as of the day and year first above written.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
ames Brainard,Presiding Off' er
Dat :
Mary�A Burke„Member
Date: 1.)
Lori Watson,Member J
Date: I I 7/1c
' f
ATTE T: Sandra ohnson9
De.uty erk for
_4
0 iana L. Cordray t' , Clerk-Treasurer
Date: / ,L/1 c
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State,personally appeared Mayor James
Brainard, Mary Ann Burke and Lori Watson b LLe known to be the emberA of the City of Camel
Board of Public Works and Safety, and DianaT. Cordray C�gin4reauref tTh�"City of Cannel, who
acknowledged the execution of the foregoing "Covenant of Nondiscrimination" on behalf of the City of
Cannel, Indiana.
Witness my hand and Notarial Seal this '/ day of l cr2005.
Commission Expiration: ' /MMU Notary Public Signature
i1 C, , kr)nLi) is
County of Residence:4 6141 1 d Notary Public-Printed
71513_2.DOC
CITY OF CARMEL REDEVELOPMENT
COMMISSION
�'
/ �-
By:
- .a
Printed: ) ./ _/L ?
Title: s/,(X? '
Dated: /AD& Q 25 ,Z067.5—
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
H'Vefo.r� me, 'a,,1 Notary Public in and for said Coun an Sta;ej personally appeared
vJ i C'D er' , by me known to be the 1 p of the City of
Carmel Redevelopment Commission, who acknowledged the execution of the foregoing "Covenant of
Nondiscrimination" on behalf of the City of Carmel Redevelopment Commission.
Witness my hand and Notarial Seal this .9e day of NOV 0 V ,2005.
pp,, 4,60) atsw,..2
Commission Expiration: 06(1 4t/ Notary Public Signature
(,f� (r04 4, b (a r
County of Residence: t1 j/J,QI4 Notary Public -Printed
This instrument prepared by: Douglas C. Haney, City Attorney, City of Carmel, One Civic Square,
Carmel,Indiana 46032.
71513_2.DOC
EXHIBIT A '
•
•
LAND DESCRIPTION(Parcel 3A)
Part of the Northeast quarter of Section 36,Township 18 North,Range 3 East,in Hamilton County,Indiana,
more particularly described as follows:
Commencing at the Northeast corner of said quarter section; THENCE South 89 degrees 12 mirages 13
seconds West(assumed bearing)along the North line of said quarter section 1 177.71 feet; THENCE Sough
00 degrees 12 minutes 13 seconds West 26.53 feet; THENCE South 00 degrees 46 minutes 33 seconds
East 554.73 feet; THENCE South 89 degrees 48 minutes 03 seconds West 60.05 feet to the western right-
of-way line of'Third Avenue and the BEGINNING POINT oft is description; THENCE South 00 degrees
46 minutes 33 seconds East along said right-of-way line 230.01 feet; THENCE South 89 degrees 48
minutes 03 seconds West 579.48 fev'tr THENCE North 00 degrees 11 minutes 57 seconds West 45.00 feet;
THENCE South 89 degrees 48 minutes 03 seconds West 160.00 feet; THENCE North 00 degrees 11
minutes 57 seconds West 140.00 feet; THENCE North 89 degrees 48 minutes 03 seconds East 160.00 feet;
THENCE North 00 degrees 11 minutes 57 seconds West 45.00 feet; THENCE North 89 degrees 48
minutes 03 seconds East 82.17 feel; THENCE North 00 degrees 11 minutes 57 seconds West 30.80 feet;
THENCE North 89 degrees 48 minutes 03 seconds East 59.00 feet; THENCE Soutlr 00 degrees 11 minutes
57 seconds East 30.80 feet;THENCE North 89 degrees 48 minutes 03 seconds East 435.99 feet to the Point
of Beginning. Containing 3.610 acres,more or less.
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Exhibit
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Surveying & Mapping, Inc.
3720 East State Rood 32 — Lebanon, Indiana 46052 •
Peen: (317) 733-ee05 rmc (756? 44Z--24171