HomeMy WebLinkAboutLetter #01 Brian Shapiro- - Page 1 of 10 DMS 18177502v118177502v2
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN APPROVAL
In accordance with I.C. 36-7-4-1015, the owner of the real estate located in Marion County, Indiana, which is described
below, makes the following COMMITMENTS concerning the use and development of that parcel of real estate:
Legal Description: d by reference
Statement of COMMITMENTS:
1. The owner agrees to abide by the Open Occupancy and Equal Employment Opportunity Commitments
required by Metropolitan Development Commission Resolution No. 85-R-69, 1985, which commitments are
attached hereto and incorporated herein by reference as Attachment "A".
2. The Subject Property will be developed as part of a larger mixed use, predominantly multi-family project,
, generally as shown on
plans approved as a part of the Regional Center Approval process as a high impact project (the Regional
Center Approval
3. Developer shall submit detailed plans for the Project to both the Old Southside
Neighborhood Association Old Southside as well as the Stadium Village Business Association SVBA
for review and comment within three (3) business days of filing for Regional Center Approval with the
Department of Metropolitan Development. All commitments related to the Project contained herein which are
subject to Regional Center Approval are conditioned upon receiving Regional Center Approval.
4. The Detailed Plans shall include landscaping which features emerald green
arborvitae trees planted along the southern portion of the Project where it adjoins with the John Bragg
photography property at 12 East Ray Street. Such arborvitae shall be planted with an initial planting size of at
least four feet in height and spacing so as to create a solid screen of maturity with target spacing of initial
planting of four feet off center. The Landscaping Plan shall also provide for a mixture of overstory,
understory and street trees along the Project perimeter including street trees along the Charles Street frontage,
together with perennials, annuals and shrubs. All trees, flowers and shrubs shall be from the City of
Indianapolis Urban Forester list of approved species, and shall be properly maintained using a drip irrigation
system, if required.
5. The Detailed Plans shall feature construction materials which include a combination of masonry and cement
fiber board, and/or the Nichiha brand or its equivalent, and while the use of EFIS is permitted, it shall be
restricted to be no more than 10% of the building façade, not including windows, and shall be prohibited on
the first floor. The Developer will add, as Developer determines, adequate noise insulation and/or higher noise
coefficient rated windows for those apartment units facing the train and interstate in order to mitigate sound.
The architecture of the principal building(s) of the Project shall feature design elements substantially similar to
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the project developed by the Developer, with respect to a similar project type in Pittsburgh, PA., a rendering of
which is attached as Exhibit .
6. The Detailed Plans shall also feature streetscape amenities coordinated with SVBA and the Section 108/Lift
Indy committee, which may include large planting pots, lighting, honey locust trees, street furniture and
widened sidewalks.
4.7. All freestanding light fixtures for the Project shall feature full cutoff shields, and all lighting shall meet or
exceed the requirements set forth in Chapter 744, Article VI, Sections 3 and 4 of the City of Indianapolis
5.8. All trash pickup areas shall be located in enclosed (3 sided plus gate) areas, which shall be constructed of
materials consistent with or complementary to the building materials used for the main buildings in the
Project. No enclosures, to the extent feasible, shall face a public street or adjoining residence without proper
screening.
6.9. All parking areas in the Project shall meet the requirements of the Zoning Ordinance, unless a variance is
granted following a public hearing. All parking areas shall be served by a security camera system. Parking
areas may be fenced, so long as a wrought iron style aluminum fence is used.
7.10.All proposed outdoor amenity areas (pocket park, dog park) shall be fenced with a wrought iron style
aluminum fence.
8.11.The Project will feature at least the majority of the following amenities:
a) swimming pool with deck patio area featuring barbecue stations
b) fitness center
c) business office
d) dog bark park with dog washing station
e) bicycle storage with repair station.
e)f) recreation room/arcade
9.12.The following uses shall be prohibited on the Project property:
a) Check cashing
b) Payday loan
c) Adult entertainment, sexually oriented business
d) Package liquor store
e) Off track betting, including sports book
f) Retail featuring drug paraphernalia products associated with illegal drug use a as a principal part of its
offering
g) Any business providing services to large commercial vehicles (semi-trailers) including truck fuel
station, truck stop, truck terminal
h) Fueling station, any type
i) Drive through as part of any permitted use
j) Exterior automated teller machine
j)k) Chain link fencing
10.13.No commercial business on the projectProject property shall have permanent outdoor storage.
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11.14.The Project shall feature, from time to time, historic art, including photos of the neighborhood within which
the Project is located, in the main lobby area of the primary building where leasing office is located.
12.15.No more than ten percent (10%) of the multi-family units shall be available to rent on short-term basis (less
than 30 consecutive days).
16. No windows or other opening shall be boarded for more than 90 consecutive days in the absence of a casualty
event which requires restoration taking more than 90 days, or other force mature event. Any graffiti shall also
be promptly removed, not longer than 90 days following any such incident.
These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate and other persons
acquiring an interest therein; provided that Commitment #1 (Open Occupancy and Equal Opportunity Commitments)
shall not be binding on an owner, subsequent owners or other person acquiring an interest therein if such persons are
exempt persons or are engaged in an exempt activity as defined on Attachment "A" which is attached hereto and
incorporated herein by reference. These COMMITMENTS may be modified or terminated by a decision of the
Metropolitan Development Commission made at a public hearing after proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon:
(a) the adoption of rezoning petition # 2020-ZON-063 by the City-County Council changing the zoning
classification of the real estate from a D-8/C-5 zoning classification to a CBD-2 zoning classification; or
(b) the adoption of approval petition # _________________ by the Metropolitan Development Commission;
and shall continue in effect for as long as the above-described parcel of real estate remains zoned to the CBD-2 zoning
classification or until such other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by:
1. The Metropolitan Development Commission;
2. Owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships, but not exceeding
six-hundred-sixty (660) feet from the perimeter of the real estate, and all owners of real estate within the area
included in the petition who were not petitioners for the rezoning or approval. Owners of real estate entirely
located outside Marion County are not included, however. The identity of owners shall be determined from
the records in the offices of the various Township Assessors of Marion County which list the current owners of
record. (This paragraph defines the category of persons entitled to receive personal notice of the rezoning or
approval under the rules in force at the time the commitment was made);
3. Any person who is aggrieved by a violation of either of the Commitments contained in Commitment #1 (Open
Occupancy and Equal Employment Opportunity Commitments);
4. Old Southside Neighborhood Association; and
5. Stadium Village Business Association.
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The undersigned hereby authorizes the Division of Planning of the Department of Metropolitan Development to record
this Commitment in the office of the Recorder of Marion County, Indiana, upon final approval of petition #2020-ZON-
063.
TWG Development, LLC
Witness:
By: Printed:
Printed/Title ____________________________
STATE OF )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared _________________, known
to me to be ______________________ of TWG Development, LLC, an Indiana limited liability company, who
acknowledged the execution of the foregoing instrument for and on behalf of said Indiana limited liability company.
Witness my hand and Notarial Seal, this ____day of ___________________, 2020.
Notary Public Signature
Notary Public Printed
My Commission Expires:____________ My County of Residence:
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STATE OF _______________ )
) SS:
COUNTY OF ______________ )
Before me, a Notary Public in and for said County and State, personally appeared _______________________
instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered
by _________________________ in the above--named
subscribing witness is not a party to the transaction described in the foregoing instrument and will not receive any interest
in or proceeds from the property that is the subject of the transaction.
Witness my hand and Notarial Seal, this ____day of ___________________, 2020.
Notary Public Signature
Notary Public Printed
My Commission Expires:____________ My County of Residence:
I affirm under the penalties for perjury, that I have taken reasonable care to redact each social security number in this
document unless required by law. Joseph D. Calderon
This instrument was prepared by Joseph D. Calderon, Barnes & Thornburg LLP, 11 South Meridian Street,
Indianapolis, Indiana 46204.
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OPEN OCCUPANCY AND EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
(a.) The owner commits that he shall not discriminate against any person on the basis of race, religion, color, disability, sex,
sexual orientation, gender identity, familial status, national origin, ancestry, age United States military service veteran
status in the sale, rental, lease or sublease, including negotiations for the sale, rental, lease or sublease, of the real estate or
any portion thereof, including, but not limited to:
(1) any building, structure, apartment, single room or suite of rooms or other portion of a building, occupied as or
designed or intended for occupancy as living quarters by one or more families or a single individual;
(2) any building, structure or portion thereof, or any improved or unimproved land utilized or designed or intended
for utilization, for business, commercial, industrial or agricultural purposes;
(3) any vacant or unimproved land offered for sale or lease for any purpose whatsoever.
(b.) The owner commits that in the development, sale, rental or other disposition of the real estate or any portion thereof,
neither he nor any person engaged by him to develop, sell, rent or otherwise dispose of the real estate, or portion thereof
shall discriminate against any employee or applicant for employment, employed or to be employed in the development,
sale, rental or other disposition of the real estate, or portion thereof with respect to hire, tenure, conditions or privileges of
employment because of race, religion, color, disability, sex, sexual orientation, gender identity, familial status, national
origin, ancestry, age United States military service veteran status.
EXEMPT PERSONS AND EXEMPT ACTIVITIES
An exempt person shall mean the following:
1. With respect to commitments (a) and (b) above:
(a) any not-for-profit corporation or association organized exclusively for fraternal or religious purposes;
(b) any school, educational, charitable or religious institution owned or conducted by, or affiliated with, a church or
religious institution;
(c) any exclusively social club, corporation or association that is not organized for profit and is not in fact open to
the general public;
provided that no such entity shall be exempt with respect to a housing facility owned and operated by it if such a housing
facility is open to the general public;
2. With respect to commitment b, a person who employs fewer than six (6) employees within Marion County.
An exempt activity with respect only to commitment (a) shall mean the renting of rooms in a boarding house or rooming house or
single-family residential unit; provided, however, the owner of the building unit actually maintains and occupies a unit or room in
the building as his residence, and, at the time of the rental the owner intends to continue to so occupy the unit or room therein for
an indefinite period subsequent to the rental.
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