HomeMy WebLinkAboutCommitments 07-10-03 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE
In accordance with and pursuant to I.C. 36-7-4-1512, Clarian Health Partners, Inc., makes the
following commitments to the City of Carmel Common Council concerning the use and
development of the real estate described on Exhibit A attached hereto and incorporated
herein by this reference (the "Real Estate"). RF.f flVED
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Statement of COMMITMENTS:
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1. Any Petition for Approval of a Final Development Plan or ADLS required under the
Clarian North Hospital Campus Planned Unit Development District Ordinance (Ordinance
No. Z-409-03) shall address the applicable Design Guidelines and demonstrate excellence in
overall design.
2. In reviewing the architectural design of Multifamily Townhouse Dwellings or Assisted
Living Facilities proposed to be built in Area 2-A of the Real Estate, factors to be considered by
the Carmel/Clay Township Plan Commission shall include, but are not limited to, the following:
(a) Rooflines shall be articulated as to break down the repetition of façade. No single
roofline may extend more than sixty (60) feet uninterrupted. Roofline transitions
shall have a minimum difference in height of two (2) feet. Sloped roofs shall utilize
simulated "slate line" shingles. The roofline edge at non-sloped roofs on facade
elevations fronting the public street shall have a minimum of two (2) feet of cornice
articulation.
(b) All buildings shall have square corners. Projections of a maximum of two (2) feet
into the public right-of-way above the first story are permitted.
(c) The first story of each building shall be accessible directly from the sidewalk
without steps or ramps.
(d) The street side building façade shall be primarily brick masonry, cut stone, or a
combination of such materials. Any building façade oriented to a parking or
loading area may be of horizontal painted wood siding. Façade articulations on
façade elevations fronting the public street shall be returned at roofline transitions
a minimum of every eight (8) feet.
(e) On all façade elevations fronting public streets, including end walls. Windows
and/or doors shall occur at maximum sixteen (16) foot intervals, and shall be
aligned vertically through all stories of the elevation, each window shall be a
minimum of three (3) feet wide and five (5) feet tall, windows within individual
façade segments shall be the same size, window heads shall incorporate masonry
articulation as appropriate to individual façade segments, windows shall have
limestone sills, windows shall be painted wood with insulated glazing, if canvas
awnings are utilized, the awnings at the first story may protect more than one (1)
window and an entry, but may not extend uninterrupted across individual façade
segments, and awnings above the first story may not protect more than one (1)
individual window.
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3. In the event of any conflict or inconsistency between the terms and conditions of these
Commitments and the terms and conditions of the Clarian North Hospital Campus Planned Unit
Development District Ordinance (Ordinance No. Z-409-03), the terms and conditions of such
Ordinance shall prevail and be given controlling effect.
These Commitments shall be binding on the owner, subsequent owners of the Real Estate and
other persons acquiring any interest therein. These Commitments may be modified or
terminated by the governmental authority authorized to modify these types of Commitments
under applicable law.
The undersigned agrees to record these Commitments in the Office of the Recorder of Hamilton
County, Indiana, and these Commitments shall be effective upon the adoption of Rezoning
Petition No. Z-409-03 and shall continue in effect for as long as the Real Estate remains zoned
to the Clarian North Hospital Campus Planned Unit Development District.
These Commitments may be enforced by the City of Carmel/Clay Township Plan Commission
and/or the City of Carmel Common Council.
Executed this day of , 2003.
CLARIAN HEALTH PARTNERS, INC.
By:
Printed:
Title:
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and State, personally
appeared , the of Clarian
Health Partners, Inc., who acknowledged the execution of the foregoing instrument in such
capacity.
Witness my hand and Notarial Seal this day of , 2003.
Signature
Printed
County of Residence
My Commission expires
This instrument was prepared by Joseph M. Scimia, Baker & Daniels, 600 East. 96th Street.,
Suite 600, Indianapolis, IN 46240.
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