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Home My WebLink AboutCommitments for Use & Development of Real Estate ~ .. COMMITI\'[ENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Uptown Partners, LLC, (hereafter referred to "Uptown"), is the developer of a parcel of real estate located in Hamilton County, Indiana and the real estate is described on what is attached hereto and referenced herein as Exhibit "A" (the "Real Estate"). Uptown makes the following commitments (the "Col1unitrnents") to the City of Call11el Plan Commission (the "Cornmissicln")l~")!" docket number 07070059 ADLS/DP which docket number pC11ains to the "Guilford Patio Homes" residential community. Section I. C,'oss Reference. These Commitments are made III connection with approvals obtained under docket numbers 07070059 ADLS/DP. Section 2. reference: Exhibits. The following exhibits are attached hereto and incorporated herein by Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate"); Exhibit "B". Attached hereto and incorporated herein by reference as Exhibit "131" and "BY are renderings of the permitted types of garage doors for the ;'Guilford Patio HOJ1les" residential community; Section 3. Definitions. Different words and terms are defined throughout these Commitmcll\s and, further, the following definitions shall apply throughout these Commitments: I. DcvelopeL The term "Developer" shall mean and reler to Uptow11 and its successors and aSSIgns. '--- Section 4. Commitments. The Developer agrees and commits to the following; I. That the garage doors for the residential homes to be constructed in the "Guilford Patio Homes" community are required to have glass windOlNs. The types of garage doors depicted on Exhibits "8]" and "B2" show the permitted types 0"1" garage doors that can be inskdled Jor the homes in the "Guilford Patio Homes" residential community. Section S. Binding on Successors These Commitments are binding on the Developer of the Real Estate and each subsequent owner of the Real Eslate. and each other person acquiring an interest in the Real Estate, unless modified or temlinateJ bv the Commission. These Commitments may be modified or terminated onlv by a . ..I .' .... decision of' the Commission after a public hearing wherein notice as provided by the rules oflhe Commission h,lS been made. The provisions of this paragraph 5 notwithstanding, these Commitments shall terminate as to any part or parts of the H.eal Estate hereafter reclassified (rezoned) from the current zoni llg classification to another zoning classitication. Section 6. Effective Ihtc The Comm itll1cnts contained herei 11 shall be effecti ve upon the occurrence oLd! ofthe tollowing . events: !. The approval of the Commission of docket number 07070059 ADtS/DP: and, 2. I.he commencement of the development of the Real Estate in accordance with the approval of docket number 07070059 ADLSIDP. Section 7. Rccordinl! The undersigned hereby authorizes the Secretary of the COlTIlnission to record these Commitmenls in the Office of the Recorder of ITa mill on County, Indiana. Section 8. I':nfon:ement These COmmlUl1ents may be enforced by the Commission, 2 ,~ IN \V1TNESS WHEREOF, executed as of the date tirstwritten above. has caused these Commitments to be Uptmvn Partners, LLC., an Indiana limited liability company By: _ Justin Motiete Managing Member of Uptown Partners, LLC. STATE OF INDIANA ) ) SS: COUNTY ()f ~JIARION ) Beti jfoe me the undersigned, a Notary Public in and for said Counly and State, personally appeared Justin Mot'lett. Managing M.cmber of Upto"vn Panners, LLC, and having been duly ~'vVorl1, acknowledged execution oflhe foregoing Commitmenls. Witl1essmy hand and Notarial Sca11his clay 0 r ,2007. My Commic;sioll [xpires: Notary Public Residing in County Printed Name Prepared By: .lames E. Shillaver, Nelson & Frankenberger, 3105 East 98th Street Suite 170, lndianapolj:-: 1N 46280 .., J Exhibit "A" RECORD LEGAL DESCRIPTION (recited from Deed Record 225, page 332) Part of the cast baLf of the southwest quarter of Section 25, Townshjp 18 North, Range 3 East, being more particularly described as follows: Beginning at the southwest comer of said tract and running east 30 rods; thence north 534 5/6 feet; thence \vest 30 rods~ thence south 534 5/6 teet to tbe place of beginning, containing 6.059 acres. more or Jess. EXHIBIT -ih r\ .~ l' I c.s U f \ ~, Guilford Patio Homes Architectural Garage Door Options Series # 130 r F"'" F J ~ i-~' :1 J ~ t f 'i ~ ~ ,~ J , . } ~ ~1 " 1 ~ ~ F~ .~. ~ ~ I I '1 ~ I f j 1 I ~ Series #132 r~'~-'--~ [ ~ r~-~-- I Series #138 EXHIBIT 'l - 0- l fj 17 ' ~-~-=' I i I I I , I I - I l I J ! I ~ . 3; ;'~ .. ~ " ~ Series #144 ~ ~~- ~ r i..-------..~, il"""""""". -T- i , ~ l , , i: i f J ~ p f.: l r I ~ ~ ,~ Ii r ~ I 'I J S 1 " " ~ 1 ,l f A , 1 ?I ! Il G I ~ R ~ f " r: i ~ f Series #145 ~. . .'.0 c p s ! E}(HIBIT .-D.., -i)- l/- r .