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HomeMy WebLinkAboutStatement of Commitments :. UAY-29-01 11 :18 From: ICE MILL~P FLR 35 U 13172362219 {lr.~ 7-319 P.Ol/04 Job-US ~EMIL..L.tH l&lOAL ~ ,U$INUS ADVISORS TRANSMITTAL COVER SHEET DATE: May 29. 2001 4 PAGES INCLUDING TlllS PAGE HARD COPy TO FOLLOW: _Yes ..:X-No VIA: _Mail _Courier TO: Laurence Lillig COMPANY: FAX #: 571-2426 PHONE #: TO: COMPANY: FAX #: PHONE #: TO: COMPANY: FAX#: PHONE #: TO: COMPANY: FAX #: PHONE #: FROM: Nikki Burgin ~oLJ ~c.; TO: COMPANY: FAX#: PHONE #: TO: COMPANY: FAX#: PHONE #: TO: COMPANY: FAX#: PHONE #: TO: COMPANY: FAX#: PHONE #: TELEPHONE NUMBER: 317-236-2377 SUBJECT: Executed Statement of Commitments COMMENTS: WARNING This cover shcel and the materials cnolollCCl willi thi$ fl'ansmlsslon an: the private c:onfidcntilll property of the sender. and the CONFIDENTIALITY m.,crials are privilesecl conununioauons inten4ecl solely for tho RCeipt, lISe, beneflt IInd lnfonnatlon oftbe intel1dcd flRlipi~l NOTICE: indioated above. 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FAX (317) 236-2219 ~Y-29-01 11 :18 From: ICE MILl~ft,FLR 35 U 131T23622190 T-319 P.02/04 Job-348 STATEMENT OF COMMITMENTS COMMITMENTS CONCERNINO THE USE OF DEVELOPMENT OF R MADE IN CONNECTION WrrH A SPECIAL USB 9 ~ In accQn1ance with l.C. 36--1-4-921, Lattice Communications, LLC. a Delaware limited liability company ("petitioner"), the lessee of certain teal estate located in Hamilton County. City of Carmel, Indillfta. which is funher described in ~lVllit A attaChed hereto and incorporated herein by reference ("ReaJ BSlare"), makes the following commitments concerning che use and development of the Real Estate in connection with its petition for a special "Ie involving the Real Estate: STATEMENT OF COMMITMENTS I. re:~ltioner hereby asrecs not to file or seek approval from the Carmel/Clay Board of Zoning Appeals (the "BU") or its successor aovemmental aaency for any special exceptions, special uses, use variances or variances from development standards to pennit more than three wireless telecommunication providers to pJace. erect or install antennas on any currently existing or future poles or towers located on the Real Estill". 2. Petitioner hereby agrees not to file or seek approvlll from the ClII1IlCtlCtay Board of Zonina Appeals or its successor governmental agency for any special exceptions. special uses, use variQnces or vartances from development standards to permit morc than four wirele8$ telecommunication provider 10 Install, construct or erect equipment on che Real Estate. 3. Petitioner heMby agrees to install or permit the installation of wireless telecommunication antenna and related equipment only on tho thm:: pol~ as noted on the site plan prepared by GPD Associates, dated March ~, 20tH as Job No. 2000072. a copy of which is attached hereto as Exhibit B (the "Site Plan"). Each pole shall hIve the equipment of not more than one wireless telecommunication provider. 4. Petitioner .hall, as soon as practicably passible after the placement of wireless telecommunication equipment on a pole. constnlct and instaU or cause the conlStNetion or installation of (i) . nin~ (9) teet rill woe>d .hodow box fence .round the pole and associated equipment as shown on the Site Plan, and (Ii) a fifteen (is) fOOl lanwK.'aped Ilnd maintained area, composed ot lrees not less than lwo and une- half (2 Yl) inches (caliper) in size (mcasuted ., forty (40) inches and spaced fifty (SO) feet on center). s. Upon approval by the au of Petitionerts special use filed as Case No. SU-36-01. to permit tho wi.-lns teleconununiQadon fecilitie& to be inatalled ancl ~On$INCwd on the Reat Estate, subject to conditions acceptable to Pecidoner (the HSpecial Use"), the owners of real property direc:dy a<ljacent to the Real Estate may submit lllandscapins MAY-29-01 11:18 From: ICE MIO FLR 35 131T23B221D T-319 P,03/04 Job-348 pllln of the Real Sstate and adjacent real estate (Chc "Landscape Plln"), which may include landSCaping, fencing and moul1COng, to PcUtloner. Provided ClnergylPSJ approves the LaJ\dacape Plan. such Landscape Plan does not interfere with the operation of the proposed wireless tel~mmunication facilities, and such Landscaping Plan complies with all applicable laws. reauJations and ordinances. includina Ute Carmel/Clay Zoning Ordinance, Petitioner shall cause the installalion of the hmcbc;aping, tenelng and mQunding plfsuanc to the Landlcape Plan .. soon II n:asonabl y possible after the thirty first (3111) day alter the date on which the BZA approves the special Use without appeal by wrtl 01 cenlorarl or otherwise, weadler permitting. NocwiCbslII1dinS anythina in this Paragraph S to the contrary, in no event shall Petitioner be obUpted to pay mOte than the sum of Eishty ThOU$and Dollars ($RO.OOO) fO!' dm inBlallation of the Landscape Plan. Petitioner further aarees to cooperate and assist with the filing and acquisition of any variances requested by the ,owners of real propcny directly adjac:;ent to dI. llttal !WaUl dlat IU"8 directly related to and necessary to install the Landscape Plan; provided, however, thllt any money spent by Petitioner in funherance of such a variance shall be included In and credited against the Highty Thousand Dollar ($80.000) spending cap. 6. Petitioner aIlall permit no other types of antennas to be placed on the poles locared on the Real Eswe except for "slick mount" antennas as depicted on the photograph atcac::hc;d herek) U B~hibit C. 7. Petitioner and its successors and assign. .hall, a1 their sole COIl, matntaln, In a manner that La nannal and customary for commercial real cr.. in central Indiana, the landsc:apina and fencing installed Ol\ the Real Bstate pumuant to the Landscape Plan, including mulching, weed concrol and fertilization. and repair and/or replacement of fencing and dead or diseased treeS and plant material with identical kind of tree or plane tn*ri.l if avaU~le in central Indiana, unless a tree or plant material is descroyed or killed by the negligence or intentional act of the owner of real estate located adjacent to Che Real Estate. It a Sp'eelftc type of tree or plant material is noC ayailable, a simUar tree or plAnt material may be substituted. further. Petitioner shall not be obligated to maintain, repair or replac:e any portion of the Lan~pe PIlIft that is (i) not located on the Real Estate. or (it) removed by CinergylPSl or its successor In interest to the Real Estate for the purpose of providinl electricity to ils customers. MIScBLLANEOUS .. The Commiunenu shall be bindins on the Petitioner, and any successor in interest to Petitioner's interest In Cho Real Bstale. 2. The Commitmencsshall be effective upon the adoption of Petitioner's special use/Case No. SU-36-0J by the BU, and .hall continue in effect so long as (i) the Relll &illite is usod for wireleu telecommunication purpoaee. or (ii) "lIuil these Commitments are vac:atcd by the BZA after a duly and properly notified public hearing. MAY-29-01 11:18 From:ICE MI~FLR 35 131T2382210 T-319 P.04/04 Job-348 i ..,. 3. The Commitments may be enton::e4 by the City or Carmel, Indiana, the BZA or its duly authorized agent. ?/~r IN WrrNESS WHEREOF. the Petitioner has execuced this inlU'Ument on the ~ day or JI1 Q..r ' 2001. LAttlCB COMMUNICATIONS, LLC {L?t- /}J.'r- ( . , 81 F. ..])C..H jZ14!l..lIV'. /r..s.:/.".r (printed name lI1c1lille) , STATBOF eth'u ) kl--~I~ ~SS: COUNTY OF ~ Before me, a No~ Public In and for the State of . personally appeared ~:~ ""~ ~ -V t the' of Lattice Communications, UC. a Delaware limited liabi ity company, who, having been first duly swom, acknowledged the execution of the foreeoin, on behalf of said compan)' and stated that any representations therein contained are true. ~...."...'......... Witness my hand and Notarial Seal this 2'~ day of ~, 2001. h'f:.t'.\AL.. ,~"... ~ I~~~~~.~\ ~ ,.....'~ ' , ..-..... . i ... l:;.:~ ~ .; : . '.. i SA~UEL T. JOHNSTON, JR- '~~..~ "i';' ,;_":: ....~~'.~. . ~\a'" .,,!bllc. Slltt of CHlIt Signature ~, !:itit...,).... ;...... ! IlCr "_dIllll u.lltl Julr U. - ~ ~,.. ....~.. (~'j.:'f ~'F .b. ....J"d'..r ~E'!../ Printed My Commission Expires: 7 /)~/70D~ I I County of Reaidellcc; ~LtJy-.. This inSfnJmenl was prepared by Timolhy E. Oc:hs. Attorney at Law, ICE MILLER, One Amcri<;iln SqUDl'C, Box 8200 1, JndianllpDli.s, IncJillna 46282-0002. (317) ~36-21 00. 7lI,"~ ... u u 't STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OF DEVELOPMENT OF REAL EST ATE MADE IN CONNECTION WITH A SPECIAL USE In accordance with I.C. 36-7-4-921, Lattice Communications, LLC, a Delaware limited liability company ("Petitioner"), the lessee of certain real estate located in Hamilton County, City of Carmel, Indiana, which is further described in Exhibit A attached hereto and incorporated herein by refer Estate"), makes the following commitments concerning the use and developme te in connection with its petition fo;. a special use involving the Real Est 1. ees not to file or seek approval from the Carmel/Clay Board of e "BZA") or its successor governmental agency for any special excep 1 , special uses, use variances or variances from development standards to permit more than three wireless telecommunication providers to place, erect or install antennas on any currently existing or future poles or towers located on the Real Estate. ~ ,,~Ct~ II' t 1.UW - TEMENT OF COMMITMENTS 2. Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of Zoning Appeals or its successor governmental agency for any special exceptions, special uses, use variances or variances from development standards to permit more than four wireless telecommunication provider to install, construct or erect equipment on the Real Estate. 3. Petitioner hereby agrees to install or permit the installation of wireless telecommunication antenna and related equipment only on the three poles as noted on the site plan prepared by GPD Associates, dated March 5, 2001 as Job No. 2000072, a copy of which is attached hereto as Exhibit B (the "Site Plan"). Each pole shall have the equipment of not more than one wireless telecommunication provider. 4. Petitioner shall, as soon as practicably possible after the placement of wireless telecommunication equipment on a pole, construct and install or cause the construction or installation of (i) a ten (10) feet tall wood shadow box fence around the pole and associated equipment as shown on the Site Plan, and (ii) landscaping trees around such fence as shown on the Site Plan, unless otherwise made unnecessary by other landscaping, fencing or mounding reasonably calculated to provide as much or more visual screening of ground level equipment as such fence and landscaping. 5. Upon approval by the BZA of Petitioner's special use filed as Case No.~36-01, to permit the wireless telecommunication facilities to be installed and constructed on the Real Estate, subject to conditions acceptable to Petitioner (the "Special Use"), the u u owners of real property directly adjacent to the Real Estate may submit a landscaping plan of the Real Estate and adjacent real estate (the "Landscape Plan"), which may include landscaping, fencing and mounding, to Petitioner. Provided Cinergy/PSI approves the Landscape Plan and such Landscape Plan does not interfere with the operation of the proposed wireless telecommunication facilities, Petitioner shall cause the installation of the landscaping, fencing and mounding pursuant to the Landscape Plan as soon as reasonably possible after the thirty first (31 st) day after the date on which the BZA approves the Special Use without appeal by writ of certiorari or otherwise, weather permitting. Notwithstanding anything in this Paragraph 5 to the contrary, in no event shall Petitioner be obligated to pay more than the sum of Eighty Thousand Dollars ($80,000) for the installation of the Landscape Plan. 6. Petitioner shall permit no other types of antennas to be placed on the poles located on the Real Estate except for "slick mount" antennas as depicted on the photograph attached hereto as Exhibit C. 7. Petitioner and its successors and assigns shall, at their sole cost, maintain, in a manner that is normal and customary for commercial real e.:.tate in central Indiana, the landscaping and fencing installed on the Real Estate pursuant to the Landscape Plan, including mulching, weed control and fertilization, and repair and/or replacement of fencing and dead or diseased trees and plant material with identical kind of tree or plant material if available in central Indiana, unless a tree or plant material is destroyed or killed by the negligence or intentional act of the owner of real estate located adjacent to the Real Estate. If a specific type of tree or plant material is not available, a similar tree or plant material may be substituted. Further, Petitioner shall not be obligated to maintain, repair or replace any portion of the Landscape Plan that is (i) not located on the Real Estate, or (ii) removed by Cinergy/PSI or its successor in interest to the Real Estate for the purpose of providing electricity to its customers. MISCELLANEOUS 1. The Commitments shall be binding on the Petitioner, and any successor in interest to Petitioner's interest in the Real Estate. 2. The Commitments shall be effective upon the adoption of Petitioner's special use/Case No. SE-36-01 by the BZA, and shall continue in effect so long as (i) the Real Estate is used for wireless telecommunication purposes, or (ii) until these Commitments are vacated by the BZA after a duly and properly notified public hearing. 3. The Commitments may be enforced by the City or Carmel, Indiana, the BZA or its duly authorized agent. w u . ~ IN WITNESS WHEREOF, the Petitioner has executed this instrument on the 23 day of IT?,( I '- ,2001. LA TrICE COMMUNICATIONS, LLC j( ~./I;t~-- (sign)lt(ire) f,..Detvt ;t1 "sJ-ey /"LfliJ.. ~t/lr (printed name and ti tie) ST ATE OF Ci-I.::j:.:D ) ) SS: COUNTY OF@(}t:fCNJ.Q Before me, a Nota:.Y P,ublic in and for the State o~ Ok.: D , personally appeared 1.. ~ ~..h'\.€.LSc-€-' , the '}::r.e.~ {~d of Lattice Communications, LLC, a Delaware limited liability company, who, having been first duly sworn, acknowledged the execution of the foregoing on behalf of said company and stated that any representations therein contained are true. Witness my hand and Notarial Seal this cQ.]d- day of ,2001. Lf1 ~r.dtd L. iJ~n1... Printed My Co~~tiRif6s: NotarY Public, State of Ohio t.tI ~ ExDInls JaIl 14. 2002 County of Residence: ~J ;}YrLJIL This instrument was prepared by Timothy E. Ochs, Attorney at Law, ICE MILLER, One American Square, Box 82001, Indianapolis, Indiana 46282-0002, (317) 236-2100. J --\ ~'& 1 -.-"'" 51~Bl 12~~"-L-LU~~ P.02 1fT.. /{;'_,'v ~~~.. /, e, ~ 'C' L::i ,-,\( ~' ~ -" {-.il nSl ' ~Ic~ APR ~ ~ , \ Doca ,#;,\. ""-;-~ COMMITMENTS CONCERNING THE USE OF DEVELOPMENT OF ' ~FST A MADE IN CONNECTION WITH A SPECIAL USE - b.l J 0;1,.\ ,,- ~APr':-23-01 Ol:4BP LAVE COMMUNICATIONS STATEMENT OF COMMITMENTS In accordance with I.C. 36-7-4-921, Lattice Communications, LLC, a Delaware limited liability company ("Petitioner"), the lessee of certain real estate located in Hamilton County, City of Carmel, Indiana, which is further described in Exhibit A attached hereto and incorporated herein by reference ("Real Estate"), makes the following commitments conceming the use and development of the Real Estate in connection with its petition fo. a special use involving the Rcal Estate: @ ~ 5. STATEMENT OF COMMITMENTS 1. Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of Zoning Appeals (the "BZA") or its successor governmental agency for any special exceptions, special uses, use variances or variances from development standards to permit more than three wireless telecommunication providers to place, erect or install antennas on any currently existing or future poles or towers located on the Real Estatc. 2. Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of Zoning Appeals or its successor governmental agency for any special exceptions, special uses, use variances or variances from development standards to permit more than four wireless telecommunication provider to install, construct or erect equipment on the Real Estate. 3. Petitioner hereby agrees to install or permit the installation of wireless telecommunication antenna and related equipment only on the three poles as noted on the site plan prepared by GPD Associates, dated March 5,2001 as Job No. 2000072, a copy of which is attached hereto as Exhibit B (the "Site Plan"). Each pole shall have the equipment of not more than one wireless telecommunication provider. Petitioner shall, as soon as practicably possible after the placement of wireless telecommunication equipment on a pole, construct and install or cause the construction or installation of (i) a ten (10) feet tall wood shadow box fence around the pole and associated equipment as shown on the Site Plan, and (ii) landscaping trees around such fence as shown on the Site Plan, unless otherwise made unnecessary by other landscaping, fencing or mounding reasonably calculated to provide as much or more visual screening of ground level equipment as such fence and landscaping. Upon approval by the BZA of Petitioner's special use filed as Case No(fE-3~-cjJ)to permit the wireless telecommunication facilities to be installed and constructe on the Real Estate, subject to conditions acceptable to Petitioner (the "Special Use"), the ~Apr~23-01 01:4BP LA~E COMMUNICATIONS 5101 1292 P.03 ,: owners of real property directly adjacent to the Real Estate may submit a landscaping plan of the Real Estate and adjacent real estate (the "Landscape Plann), which may include landscaping, fencing and mounding, to Petitioner. Provided Cinergy/PSI approves the Landscape Plan and such Landscape Plan does not interfere with the operation of the proposed wireless telecommunication facilities, Petitioner shall cause the installation of the landscaping, fencing and mounding pursuant to the Landscape Plun as soon as reasonably possible after the thirty first (31st) day after the date on which the BZA approves the Special Use without appeal by writ of certiorari or otherwise, weather permitting. Notwithstanding anything in this Paragraph 5 to the contrary, in no event shall Petitioner be obligatedto pay more than the sum of Eighty Thousand Dollars ($80,000) for the installation of the Landscape Plan. 6. Petitioner shall pennit no other types of antennas to be placed on the poles located on the Real Estate except for "slick mount" antennas as depicted on the photograph attached hereto as Exhibit C. 7. Petitioner and its successors and assigns shall, at their sole cost, maintain. in a manner that is normal and customary for commercial real e~:ate in central Indiana, the ,landscaping and fencing installed on the Real Estate pursuant to the Landscape Plan, including mulching, weed control and fertilization, and repair and/or replacement of fencing and dead or diseased trees and plant material with identical kind of tree or plant material if available in central Indiana, unless a tree or plant material is destroyed or killed by the negligence or intentional act of the owner of real estate located adjacent to the Real Estate. If a specific type of tree or plant material is not available, a similar tree or plant material may be substituted. Further, Petitioner shall not be obligated to maintain, repair or replace any portion of the Landscape Plan that is (i) not located on the Real Estate, or (ii) removed by Cinergy/PSI or its successor in interest to the Real Estate for the purpose of providing electricity to its customers. MISCELLANEOUS 1. The Commitments shall be binding on the Petitioner, and any successor in interest to Petitioner's interest in the Real Estate. ~ 2. The Commitments shall be effective upon the adoption of Petitioner's special use/Case No(!"E-36;Q}by the BZA, and shall continue in effect so long as (i) the Real Estate is used for wireless telecommunication purposes, or (ii) until these Commitments are vacated by the BZA after a duly and properly notified public hearing. 3. The Commitments may be enforced by the City or Carmel, Indiana, the BZA or its duly authorized agent. , / '\ .Apr~23-01 01:4BP LAT.~E COMMUNICATIONS 513V1 1292 P.04 IN WITNESS WHEREOF,the Petitioner has executed this instrument on the 2.3 # day of Iff ~ (I... .2001. LATTICE COMMUNICATIONS, LLC j(-~/';fr~- (sig~e) R. D~,~ JI4 t',s t er II' .cfl'A. ~",r (printed name and title) STATE OF cH::J:D ) ~SS: COUNTY OF!i1t()1:i"c..:N, Before me, a Notu:r'y ~ublic in and for the State o~ ~ b , personally appeared J. ~ l~~S?:.e."" ,the ~e.~ I d.L~ of Lattice Communications. LLC, a Delaware limited liability company, who, having been first duly sworn, acknowledged the execution of the foregoing on behalf of said company and stated that any representations therein contained are true. Witness my hand and Notarial Seal this 6I,]d.. day of ftpA-i ,2001. ~rs:Aa Printed / L. L.J~nt My Com_R~s: NoI8I'Y PublIc. State of OhIo ..,~ EXllhe JIn 14, m County of Residence: LJ cl r r,t.J'L This instrument was prepared by Timothy E. Ochs, Attorney at Law, ICE MILLER, One American Square, Box 8200 1, Indianapolis, Indiana 46282-0002, (317) 236-2100.