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Home My WebLink AboutRecorded Commitments JAMES J. NELSON CHARLES D. FRANKENBERGER ~AME.tl!;.;.S!Jir'.1A~~,' LAWRENCE J. KEMPER JOHN,B.FlATT of counsel JANE} B.'MERRIiL NELSON & FRANKENBERGER .A PRO.FESSIO. N.. iU..... c.ORFo... RATIO~. \ -,~_ ATIORN:EY$AT-LAW ../, ,}~.,k-,_C;-.'.:.' ill 3021 ~98ttiSrnEET it' ~ -"'/"., SlJm:220 . :..y . 'Ji:. \" ., , rNUIANM'OUS, INDIANA 46280 1'-:1 D'[CfNED ~:- \ 317-844-0J()() I' ,.:1 ~'.I) "'''.!'in '\ -\ FAX: 317~8782 'I~j JU~ 2" L\JiJ ~ l~ : \,< DOCS /: ',' '.. -'._~\" (\{~' V:7.~ .' ~:',,"'I 1---'" ~.~;r June 2-2, 2004 ~ {:; -'-.t ~ Jon Dobosiewicz Department of Community Services One Civic Center c.~l,llel,IN 46032 Re: Gershman Brown - The Overlook - Lot 1 Commitment Amendment - Docket'No. 62-03' Dear Jon: Enclosed are. record-stamped copies of the. Commitment Amendment ai1d CertiJicatio,n. Should. you J}ave aI:lyque~tions or c,omments, please call. Thanks. Very truly yours, NELSON & FRANKENBERGER CL. Chades D., FtankeiJQerget CDF/jlw Enclosure H:\I,ai1et\Gershman\131~.& Ilazelpell\DobOsiewicz Itr OG2204.doc ..-<. -cl2f'r......., 1<::)' - - --' .J,~~>\ '." . It " ' /f.W . (. --:i'i' \.,;;\ (-/ BECfN(Q 'i...-" :<~~ jli~ ?j ~CM ~": \ ./.~ OOCS I \' f"\\ - , '\~J~"_ r' 'IT ." ./, .' '((9"'~'" ~/- / . -~ ~_/;~~ ~~.l~ / 20030006039& d' Fl ied rOt' ReCOl' In!" . "- HAMILTON ~OUN!Y~ INJIA~1 JENNIFER .J H(:HDt:,N _, ne-11-2003 At O~:4~ p~. ~ISC 17.UL , .. COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE GB Hazel Dell Property, LLC, an Indiana limited liability company (hereafter "Gerslunan Brown") makes the following commitments (the "Commitments") to the Plan Commission (the "Commission") of the City of Carmel, Indiana: 1. Description of Real Estate. The real estate is Lot 1 in Hazel Dell Comer Subdivision, as per the plat thereof recorded v/ith the Recorder of Hamilton County, Indiana, as Instrument Number 2003000049519, Plat Cabinet 3, Slide 175 (the "Real Estate"). 2. Docket Number.' The applicable docket numbers are (i) 10-03 DP/ADLS and (ii) ADLS Amend 96-03 (03060013). 3. Commitments. With respect to the drive-thru, for ATM services and automatic teller services, to be located on the north elevation of the building to be constructed upon the Real Estate and approved by the Special Studies Committee on July 1, 2003, the following commitments are made: A. The drive-thru is permitted for financial institutions only, and, if a bank or financial institution no longer (i) occupies the building and (ii) utilizes the drive- thru for its customers, then the drive-thru and canopy will be replaced by an addition to the building to be approved through all applicable procedures; B. Between the columns supporting the northern end of the canopy, Gershman Brown shall install landscaping which shall provide screening and which shall be maintained at a height not to exceed three (3) feet; C. The ATM machine (i) shall be flush-mounted, within masomy on the wail, on the northern elevation or the building in a manner illustrated by the ATM machine in the three (3) photographs which are attached hereto and incorporated herein by reference as Exhibit "A", (ii) shall not be illuminated, and (iii) shall not display any Key Bank or other logos which identify the bank or financial institution occupying the building. 4. Effective Date. The commitments contained herein shall be effective upon execution and recordation with the Recorder of Hamilton County, Indiana. 5. Binding on Successors and Assigns. After the effective date, these commitments are binding upon Gershman Brown, each subsequent owner of the Real Estate, and each '" other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. GB HAZEL DELL PROPERTY, LLC, an Indiana limited liability company By: GB INVESTMENTS II, LLC, an Indiana limited liabiiity company, . ~~. Thomas Crowley, Trustee STATE OF lNDIANA ) Hl/tTllI.rlN ) SS: COUNTY OF M.^~QJON ) My Commission Expires: O'!ltJ/07 . W Before me the undersigned, a Notary Public in and for said County and State, personally appeared Thomas Crowley, Trustee of GB Investments II, LLC, an Indiana limited liability company, the sole member of GB Hazel Dell Property, LLC, an Indiana limited liability company, and having been duly sworn, acknowledged execution of the foregoing Commitments. 1& ~1,J.d Witness my hand and Notarial Seal this 4{ ~ day of.. ,2003. Cf1~L -4 O~ Notary ubhc f~//"J I! O~L Printed ame Residing in I-Ia/! t!d~!( County Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3021 East 98th Street, Suite 220, Indianapolis, Indiana 46280 (317) 844-0106 H:lJanet\Gershman\IJ 1" & Hazel DeJl\Commitments 072503.dac 2 tJ ~,..~ v~.._i-<- J. ...._~/ I 6;,1>' A "iJ ~ r-J r-/ RECFIVED Ij JUN 23 ~004 \ _J - \:-::,\ DOCS ~. - Cross-Reference Instrument No. 9809:8'38210 ......~.t~' -........ ... "/ "-':, ./.... / "::--i -'). - .~.;...-' CERTIFICATION-OF AMENDMENT TO COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE ~. '\:.""' \ \ i~. ," \" \ I I. I' 20030005B130 Filed for Record in HAtri I LTOI\) COUI\lTY.'L I r,W I ANq JENNIFER J HAYD~N 06-H-2003 At 03:21 pm. RMENDMENT 10.uO Ramona Hancock, Secretary of the Carmel Plan Commission, certifies that on the 20th day of May, 2003, the Carmel Plan Commission, under Docket Number 62-03 CA, approved the following amendment to the Conunitments Concerning the Use and Development of Real Estate dated February 28, 1995, and recorded on the 14th day of July, 1998, in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9809838210 (the "Commitments"): Paragraph 3.A. of the Commitments is amended to permit one or more restaurants on the part of Lot 1, Hazel Dell Corner, a subdivision in Carmel, Hamilton County, Indiana, as per the Plat thereof recorded with the Recorder of Hamilton County, Indiana, on May 22,2003, as Instrument Number 200300049519, PC 3, Slide 175 ("Lot 1 "); provided, however, that (i) no restaurant located upon Lot 1 shall exceed 5,500 square feet, (ii) the aggregate square feet of all restaurants located upon Lot 1 shall not exceed 5,500 square feet, and (iii) no restaurant located upon Lot 1 shall have drive-through food or beverage service. ' / f/ mana Hancock, ecretary of the Carmel Plan Commission STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) +ommiSSion Expires: '2/- ,2 c!)()?; ~ /' I Residing in Ht{.wI; /1-0 i1 County Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Ramona Hancock, and acknowledged the execution of the foregoing Certification. WITNESS my hand and Notarial Seal this II!!dIJ.Y of ~$r~ 2003. / / L~;; ~ Notary Public . GIiI?/e- S. J(F1jkv Printed Name / This instrument prepared by Charles D. Frankenberger, Nelson & Frankenberger, 3021 East 98th Street, Suite 220, Indianapolis, IN 46280, Phone (317) 844-0106. H;lJanet\Gershrnan\131" & Hazel Dell\Hancock Aff.doc