HomeMy WebLinkAboutKohl's Commitments - Final Version
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KOHL'S COMMITMENTS
ATTENDANT TO
DOCKET No. 06100005/ADLS:
WEST CARMEL MARKETPLACE
FINAL
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Conditioned on Plan Commission approval of Docket No. 06100005/ADLS (West
Carmel Marketplace Kohl's), the Petitioner Kohl's sets out the following commitments to be
made part of the ADLS Approval. In addition to the commitments contained in the Application
and Plans and Specifications submitted in support of the Application, Petitioner commits to the
following:
1. Once a Store Grand Opening has occurred, Petitioner agrees that no deliveries
(trucks arriving or exiting), whatsoever shall be made to the property between the
hours of 9:00 P.M. and 6:00 A.M. along the east/rear elevation or to the loading dock
area. Petitioner shall prohibit the idling of trucks on the property between the hours
of7:00 P.M. and 7:00 A.M. Offloading of merchandise within trailers already at the
dock shall be permitted at any time so long as done within the screened truck well.
The hours restriction noted herein shall be clearly posted on the rear of the building
at the delivery drop-off point (provided, however, that it is expressly understood
that no signage indicating these restrictions shall be posted in the front or sides of
the building).
2. Petitioner shall not install any outdoor speakers on the east/rear elevation of the
building.
3. Petitioner will install flat...lens lighting on the east side of the building per the filed
lighting plan.
4. The height of the brick/concrete wall at the truck well and compactor shall extend
to 4 feet above the top of the delivery door, per plans filed.
5. Petitioner notes that the landscaping of the east property line shall be installed by
Duke Construction ("Duke") per the plan filed by it in case number 06060005 DP.
This landscaping plan includes berming in the northern area. Additionally, a solid
wood (and not board-on-board) fence starting at the south end of the east property
line and extending to the point as identified on the exhibit attached hereto as
Exhibit A shall be installed not later than October 31, 2007.
6. These commitments shall be binding on the owner of the real estate and each
subsequent owner of the real estate and persons acquiring interest in the real estate
following approval of the pending Application unless the commitments are
modified or terminated by the governmental authority authorized to make such
modification.
1108154.6
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FINAL
VERSION
7. These commitments may be enforced by the City of Carmel, Indiana Planning
Commission.
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Executed this \ 5 day of December, 2006.
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KOHL'S INDIANA, L.P.,
a Delaware limited partnership
BY:~
Michael . Diste ,
Real Estate
Attest:~
By:
Rich . . -, se:retary
STATE OF WISCONSIN )
)SS:
COUNTY OF W AUKESHA )
Before me, a Notary Public in and for said County and State, personally appeared
Michael D. Distel and Richard D. Schepp, Senior Vice President of Real Estate and Secretary,
respectively, of Kohl's Indiana, L.P., and acknowledged the execution of the foregoing by and
on behalf of Kohl's Indiana, L.P., a Delaware limited partnership.
Witness my hand and Notarial Seal, the I ~ay of December, 2006.
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Notary Public - Signature '1f
LU ANN M. LIPKE
Notary Public - Printed
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My County of Residence:
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My Commission Expires:
This instrument prepared by Mary E. Solada, Attorney at Law. Bingham McHale LLP,
2700 Market Tower, 10 West Market Street, Indianapolis, Indiana 46204-2982.
1108154.6
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!!~ KOHL'S DEPARTIIENT STORES
~ CARMEL, INDIANA
~ EXHIBIT A
9: ALTERNATl\IE SCREENING EXHIBIT
CLAY TOVINSHIP
rowr. 17 NCI'lH, "ANGIE J EAST
ATWELL-HICKS
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1246 E. DlOt. ROAD UTt 100
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