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4. Commitment. Along with the application for Final Development Plan approval, the
Applicant will include a tree survey that will (i) identify and designate only Preserved Trees,
(ii) calculate the Net Reforestation Requirement, and (iii) specify preservation protection
methods. Upon approval of the Final Development Plan, Gershman Brown, Duke-Weeks,
and/or their successors or assigns, shall, at the discretion of the Carmel Department of
Community Services, either (i) deliver a check to the Carmel Department of Community
Services equal to the cost of acquiring the trees necessary to satisfy the Net Reforestation
Requirement or (ii) arrange, at their cost, for the purchase from an approved nursery of the
trees necessary to satisfy the Net Reforestation Requirement.
5. Binding on Successors and Assigns. -Mter the Effective Date (defined below), these
Commitments are binding upon the Developer, Gershman Brown, Duke-Weeks, and each
subsequent owner of the Real Estate, and each person acquiring an interest in the Real Estate,
unles~ modified or terminated by the Commission. These Commitments may be modified
or terminated only by a decision of the Commission made at a public hearing after notice is
provided by the Rules of the Commission.
6. Effective Date. The Commitments contained herein shall be of no force and effect until the
occurrence of all of the following:
( a) The acquisition of title to the Real Estate by Gershman Brown, Duke- W eeks, and/or
their assignee; and
(b) The annexation of the Real Estate to the City of Carmel, Indiana; and
(c) The assignment to the Real Estate of an initial zoning classification ofPUD and the
granting of all other approvals necessary to develop the Real Estate as intended by
Gershman Brown and Duke-Weeks; and
(d) The commencement of the development of the Real Estate by the Developer,
Gershman Brown, or Duke- Weeks, or their assignee.
7. Recording. The undersigned authorize the Secretary of the Commission to record these
Commitments in the office of the Recorder of Hamilton County, Indiana, upon the
occurrence of all of the events referred to in paragraph 6 above.
8. Enforcement. These Commitments may be enforced by the Commission and the City of
Carmel, Indiana, the Developer, and/or any owner of part or all of the Real Estate.
9. Compliance Confirmation. The Director of the Department of Community Services of
Carmel, Indiana, shall, when requested by the owner of the Real Estate, given written
assurance, in letter form, that the owner of the Real Estate has or has not complied with these _
Commitments.
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