Loading...
HomeMy WebLinkAbout00001128 (2)1AMCO GERSHENSO INC0KP0RATFf7 January 24, 2007 National City Bank Attn: Manager 2274 B. 1.16'1' Street Carmel, IN 46032 RE: Violation Notice — Qy of Carmel Merchant's Square Dear Merchant: A Subsidiary of IRam:eo-Gershenson Properties Tru3r (NYSE: P.PT) 31500 Nordiwesrern Highway Suiae 300 Farmtngran HMIs, 1%1I 48334 248-350-9900 Phone Z4-350-9925 Fax Via Certified Mail I am in. receipt of Violation Notice from the City of Carmel (copy attached) which cites National City Bank in default of the City of Carmel Zoning Ordinance Chapter 19:13-8 which refers to the landscape plans as was originally approved by the City of Carmel. Please respond by February 5, 2007 with the titneline for replacement of plant material as required by this zoning ordinance or your amendment to the approved ADLS which would then have to be submitted to the Carmel Department of Community ,Services. Your prompt attention to this concern is greatly appreciated. If you have any questions, please contact myself or nay Administrative Assistant @ (248) 350-9900. Thank you for your cooperation. Sincerely, Jan 5FZ�'�v 60 Sandy Grysko Property Manager /jd cc. National City Bank - Corporate Office Chris Bartholomew Fite No Text Ci*ty of Carmel 'OF CON'l M N YYY S ERV ICES DEf"ARFNIEN"I January 18, 2007 Ramco Merchants Square LLC 31500 Northwestern Hwy Ste: 300 Farmington, MI 48334 To Whom It May Concern: This letter constitutes a Violation Notice pursuant to Chapter 19: 8-8 of the City of Carmel Zoning Ordinance. An inspection of the properties at 2100 E 116 1h St (Blockbuster Video) 2274 E 11 6t" St (National City Bank) and 2350 E 11 6t" St (Hardee's) in Carmel, Indiana has revealed that the landscape plans have not been maintained as to ADLS (Architectural Design, Exterior Lighting, Landscaping and Signage) approval, nor has there been an amendment submitted for review and approval. Please refer to the Landscape Plan previously approved by the Carmel Plan Commission and submitted to the Department of Community Services for ADLS review. It is important to the City that you replace all landscaping that has been removed with the same species and quantity. Otherwise, you may apply for an amendment to the approved ADLS and submit another landscape plan to the Department of Community Services. If you would like to have some consultation on this matter, please email Angie Conn at aconn@c,armel.in.gov. If you have landscaping questions, please contact Scott Brewer at sbrewer@carmel.in.gov. Failure to abate this violation shall result in litigation and possible fines and court costs assessed by Carmel City Court. This is our final request for compliance. Note that because of the season and winter weather this violation shall have a future deadline of May 1't 2007. A letter stating any plans and the finishing date would be appreciative. If this violation is not addressed a Complaint and Summons will be issued to appear in Carmel City Court. If you have any questions or comments regarding this matter, please contact me at (317) 571-2283 or email me at dmindham,@carmel.in.gov. Thank you for your cooperation. Sincerely Daren Mindham Urban Forester ONE CIVIC SQUARE CARMEL, INDIANA 46032 317-571-2417 Je-o PLC'C*- KA ef �' V:� ' to any parent, subsidiary or affiliate of Tenant. Any transfer of this Lease by virtue of Tenant's merger, consolidation or any change in ownership or power to vote a majority of Tenant's voting stock, or other change in ownership or voting control of a controlling beneficial interest of Tenant, shall not constitute an assignment for the purpose of this Lease and shad not require the prior written consent of Landlord. B.. Tenant shall remain liable for all of Tenant's obligations to, Landlord arising hereunder. Nothing herein contained shah be construed to: release Tenant, and Tenant shall not be released, from any Liability or obligations under this Lease as a result of any assignment by Tenant of its rights hereunder. C. Each assignee shall, for the benefit of Landlord, agree to assume, be bound by, and perform all terms, covenants, and conditions of this Lease to be kept and performed by Tenant from and after the date of such assignment. After execution of any assignment or sublease, Tenant will forward a completed copy thereof to Landlord. ARTICLE VIII Maintenance and Repair; Insurance Section 8.01. Operating Expenses. Tenant agrees that Landlord has no duty, responsibility or obligation to pay any expenses of operation of the Land and Improvements, including, but not being limited to, electricity, water, gas and other utifity'services furnished to the Demised Premises, or portions thereof, the same being the sole responsibility of Tenant. Section 8.02, Repairs; Compliance with Laws. A. Landlord shall not have any duty, liability or obligations as to the repair, maintenance or operation of the Land or Improvements from time to time situated on the Land. Tenant shall make all repairs and replacements as and when necessary or as required to comply with requirements of municipal, state and federal authorities, B. Tenant, at its expense, shall maintain, repair and keep clean and neat the roof, exterior walls, foundations, and components of the Improvements, and the Land, including, without limitation, sidewalks, AftmAm-am U11.1, 11, 1 ~100-1 1 Tenant shall commence required repairs as soon as reasonably ida% e. Section 8,03. Liability Insurance. Tenant agrees to maintain at all times during the Term of this Lease commercial general liability insurance in which Landlord shall be named as an additional insured with minimum limits of liability in respect of personal injury of $1,000,000.00 for each person and $2,000,000.00 for each occurrence, and in respect of property damage a broad form policy with minimum Limits of S 100,000.00 for damage to property. Such policy shall cover the! entire Dernised Premises, including sidewalks, driveways, parking areas, and streets and ways adjoining the Demised Premises, and all Improvements. All insurance policies required by this provision shall be obtained by Tenant, at Tenants expense and shall be placed with companies 10 R1 MCO GERSHENSO INCORPORATED January 24, 2007 Via Blockbuster Video Attn: Manager 2100 13. 1161h Street Carmel, IN 46032 RE: Violation Notiee — City of Carmel Merchant's Square Dear Merchant: R Subsidiary of Ramco-Oershenson ProPertics Trust (NI'5E; RPT) 31500 Northwestern Highway: S-re 300 Farmington Hills, MI 48334 248-350.99X Phoae 248-350.9925 Fax Mail I am in receipt of a Violation Notice from the City of Carmel (copy attached) which cites Blockbuster Video in default of the City of Cannel Zoning Ordinance Chapter 19:B-8 which refers to the landscape plans as was originally approved by the City of Carmel. Please respond by February 5, 2007 with the timeline for replacement of plant material as required by this zoning ordinance or your amendment to the approved AILS which would then have to be submitted to the Carmel Department of Community Services. Your prompt attention to this concern is greatly appreciated. If you have any questions, please contact myself or my Administrative A sistant @ (248) 350-9900. Thank you for your cooperation. Sincerely, Sandy Grysko Property Manager /i d cc: Blockbuster Video - Corporate Office Chris Bartholomew File No Text ofC � ��aKT\EB,cf�� Uf ('-'armel DE1'AR i �,IEN I C?1 (r( .11111i..i 1'i'Y" SERVICES �' IC.`I S DiAli i January 18, 2007 Ramco Merchants Square LLC 31500 Northwestern Hwy Ste 300 Farmington, MI 48334 To Whom It May Concern: This letter constitutes a Violation Notice pursuant to Chapter 19: B-8 of the City of Carmel Zoning Ordinance. An inspection of the properties at 2100 E 1161" St (Blockbuster Video) 2274 E 116t" St (National City Bank) and 2350 E 116th St (Hardee's) in Carmel, Indiana has revealed that the landscape plans have not been maintained as to ADLS (Architectural Design, Exterior Lighting, Landscaping and Signage) approval, nor has there been an amendment submitted for review and approval. Please refer to the Landscape Plan previously approved by the Carmel Plan Commission and submitted to the Department of Community Services for ADLS review. It is important to the City that you replace all landscaping that has been removed with the same species and quantity. Otherwise, you may apply for an amendment to the approved ADLS and submit another landscape plan to the Department of Community Services. If you would like to have some consultation on this matter, please email Angie Conn at aconn@carmel.in.gov. If you have landscaping questions, please contact Scott Brewer at sbrewer@carmei.in.gov. Failure to abate this violation shall result in litigation and possible fines and court costs assessed by Carmel City Court. This is our final request for compliance. Note that because of the season and winter weather this violation shall have a future deadline of May 1 st 2007. A letter stating any plans and the finishing date would be appreciative. If this violation is not addressed a Complaint and Summons will be issued to appear in Carmel City Court. If you have any questions or comments regarding this matter, please contact me at (317) 571-2283 or email me at dmindham@carmel.in.gov. Thank you for your cooperation. Sincerely _ % Daren Mindham Urban Forester ONE CIVIC SQUARE CARMEL, INDIANA 46032 317-571-2417 �J ai C-' f +, bcL A k R�12 r��s` to any parent, subsidiary or affiliate of Tenant. Any transfer of this Lease by virtue of Tenant's merger, consolidation or any change in ownership or power to vote a majority of Tenant's voting stock, or other change in ownership or voting control of a controlling beneficial interest of Tenant, shall not constitute an assignment for the purpose of this Lease and shall not require the prior written consent of Landlord. B.. Tenant shall remain liable for all of Tenant's obligations to Landlord arising hereunder. Nothing herein contained shall be construed to release Tenant, and Tenant shall not be released, from any liability or obligations under this Lease as a result of any assignment by Tenant of its rights hereunder. C. Each assignee shall, for the benefit of Landlord, agree to assume, be bound by, and perform all terms, covenants, and conditions of this Lease to be kept and performed by Tenant from and after the date of such assignment. After execution of any assignment or sublease, Tenant will forward a completed copy thereof to Landlord. ARTICLE VIII Maintenance and Repair; Insurance Section 8.01. Operating Expenses. Tenant agrees that Landlord has no duty, responsibility or obligation to pay any expenses of operation of the Land and Improvements, including, but not being limited to, electricity, water, gas and other utility services furnished to the Demised Premises, or portions thereof, the same being the sole responsibility of Tenant. Section 8.02. Repairs; Compliance with Laws. A. Landlord shall not have any duty, liability or obligations as to the repair, maintenance or operation of the Land or Improvements from time to time situated on the Land. Tenant shall make all repairs and replacements as and when necessary or as required to comply with requirements of municipal, state and federal authorities. B. Tenant, at its expense, shall maintain, repair and keep clean and neat the roof, exterior walls, foundations, and components of the Improvements, and the Land, including, without limitation,, sidewalks, Tenant shall commence required repairs as soon as reasonably practsca fie. Section 8.03. Liability Insurance. Tenant agrees to maintain at all times during the Terse of this Lease commercial general liability insurance in which Landlord shall be named as an additional insured with minimum limits of liability in respect of personal injury of $1,000,000.00 for each person and $2,000,000.00 for each occurrence, and in respect of property damage a broad form policy with minimum limits of $100,000.00 for damage to property. Such policy shall cover the entire Demised Premises, including sidewalks, driveways, parking areas, and streets and ways adjoining the Despised Premises, and all Improvements. All insurance policies required by this provision shall be obtained by Tenant at Tenant's expense and shall be placed with companies 10 RAMCO GERSHENSON 15 INCORPORATED January 24, 2007 Hardees Attn: Manager 2350 E. H 6`I' Street Carmel, 1N 46032 RE: Violation Notice — City of Carmel Merchant's Square Dear Merchant: A Subsidiary of Ramco-Gershenson Properties Trust (NYSE: RPT) 31500 Northwestern Highway Suite 300 Farmington Hills, Ml 48334 248.350-9900 Phone Z48-350-9925 Fax Via Certified Mail I am in receipt of a Violation Notice from the City of Carmel (copy attach�d) which cites Hardees in default of the City of Carmel Zoning Ordinance Chapter 19:B- which refers to the landscape plans as was originally approved by the City of Carmel. Please respond by February 5, 2007 with the timeline for replacement of plant material as required by this zoning ordinance or your amendment to the approved ADLS which would then have to be submitted to the Carmel Department of Community Services. Your prompt attention to this concern is greatly appreciated. If you have any questions, please contact myself or my Administrative Ass stant @ (248) 350-9900. Thank you for your cooperation. Sincerely, Sandy Grysko Property Manager . /jd cc: Hardees - Corporate Office Chris Bartholomew File No Text l:)Ef',^�R �1_I _l< (F" i,(� 'I_!tl 'Et 1'Y SERVICES IC' 5 January 18, 2007 Ramco Merchants Square LLC 31500 Northwestern Hwy Ste 300 Farmington, MI 48334 To Whom It May Concern: This letter constitutes a Violation Notice pursuant to Chapter 19: B-8 of the City of Carmel Zoning Ordinance. An inspection of the properties at 2100 E 1161" St (Blockbuster Video) 2274 E 116t" St (National City Bank) and 2350 E 116t`' St (Hardee's) in Carmel, Indiana has revealed that the landscape plans have not been maintained as to ADLS (Architectural Design, Exterior Lighting, Landscaping and Signage) approval, nor has there been an amendment submitted for review and approval. Please refer to the Landscape Plan previously approved by the Carmel Plan Commission and submitted to the Department of Community Services for ADLS review. It is important to the City that you replace all landscaping that has been removed with the same species and quantity. Otherwise, you may apply for an amendment to the approved ADLS and submit another landscape plan to the Department of Community Services. If you would like to have some consultation on this matter, please email Angie Conn at aconn@carmei.in.gov. If you have landscaping questions, please contact Scott Brewer at sbrewer@carmei.in.gov. Failure to abate this violation shall result in litigation and possible fines and court costs assessed by Carmel City Court. This is our final request for compliance. Note that because of the season and winter weather this violation shall have a future deadline of May 1st 2007. A letter stating any plans and the finishing date would be appreciative. If this violation is not addressed a Complaint and Summons will be issued to appear in Carmel City Court. If you have any questions or comments regarding this matter, please contact me at (317) 571-2283 or email me at dmindham@carmel.in.gov. Thank you for your cooperation. Sincerely _ Daren Mindham Urban Forester ONE CItiIC SQUARE CARMEL, INDIANA 46032 317-571-2417 to any parent, subsidiary or affiliate of Tenant. Any transfer of this Lease by virtue of Tenant's merger, consolidation or any change in ownership or power to vote a majority of Tenant's voting stock, or other change in ownership or voting control of a controlling beneficial interest of Tenant, shall not constitute an assignment for the purpose of this Lease and shall not require the prior written consent of Landlord. B. Tenant shall remain liable for all of Tenant's obligations to Landlord arising hereunder. Nothing herein contained shall be construed to release Tenant, and Tenant shall not be released, from any liability or obligations under this Lease as a result of any assignment by Tenant of its rights hereunder. C. Each assignee shall, for the benefit of Landlord, agree to assume, be bound by, and perform all terms, covenants, and conditions of this Lease to be kept and performed by Tenant from and after the date of such assignment. After execution of any assignment or sublease, Tenant will forward a completed copy thereof to Landlord. ARTICLE VIII Maintenance and Repair; Insurance Section 8.01. Operating Expenses. Tenant agrees that Landlord has no duty, responsibility or obligation to pay any expenses of operation of the Land and Improvements, including, but not being Limited to, electricity, water, gas and other utility services furnished to the Demised Premises, or portions thereof, the same being the sole responsibility of Tenant. Section 8.02. Repairs; Compliance with Laws. A. Landlord shall not have any duty, liability or obligations as to the repair, maintenance or operation of the Land or Improvements from time to time situated on the Land. Tenant shall make all repairs and replacements as and when necessary or as required to comply with requirements of municipal, state and federal authorities. B. Tenant, at its expense, shall maintain, repair and keep clean and neat the roof, exterior walls, foundations, and components of the Improvements, and the Land, including, without limitation, sidewalks, _ Tenant shall commence required repairs as soon as reasonably practicable. Section 8.03. Liability Insurance. Tenant agrees to maintain at all times during the Term of this Lease commercial general liability insurance in which Landlord shall be named as an additional insured with minimum limits of liability in respect of personal injury of S1,000,000.00 for each person and $2,000,000.00 for each occurrence, and in respect of property damage a broad form policy with minimum limits of $100,000.00 for damage to property. Such policy shall cover the entire Demised Premises, including sidewalks, driveways, parking areas, and streets and ways adjoining the Demised Premises, and all Improvements. All insurance policies required by this provision shall be obtained by Tenant at Tenant's expense and shall be placed with companies 10 �m00 o3 3' � t� 9 o @ 1 p�a I 3 50 (DO o w � m 5FLo.o 3CD 0 Q e. 3 0 ru m Ln MM CO rn es rn ' 5. (a A 2 m an: CL CL DIM ❑ SS Di 0 m 51 g C �. � 3 a O A M 0 - --- cn \ / $ �« \ \ 2 / CC E c 2 | . ) ._ 0 O q f Cf) $ Cca / 0 k E � n 7\ / E f \ 0 §/ease m f777 ?[ ?a ID (D (IDk/&�RS)oB 3 aV) \ 0 } 1E}0CD (D M (D o!E, . § \0a — \7�§ ® J�CL0`¢ »J:Eo 7 m<»E, e \ \/`\§ < w 0 CDCD � . 2 % o }c[#( ®E g `Wf\{ \{� & Uj (o E §) 01CL \( % _ < £ '5 Ece 0 / \ƒf CL ) /bg§ —I� /, O \ COCD \ \ O O© CDE&�®\> . m / ® f/}IL . k k § � + � @ > f E 0 q � m ■ n V- fu .40 3 C 7! U �m Z a E u . @ cu © E U � § U r m > 0 Q ƒ Q e L 0 ) e m d � 0 O City of DEPARTMENT OF COMMUNITY SERVICES !No�auP/ Division of Building and Code Services VIA CERTIFIED MAIL August 10, 2007 0 on g General Manager t i National City Bank 2274 E. I I Wh Street Carmel, IN 46032 RE: ADLS VIOLATION — LANDSCAPE INSTALLATION Dear Sir or Madam: This letter is being provided to inform you that a landscaping violation has been idtified at the National City Bank in the Merchant's Square Shopping Center. A recent inspection of t property revealed that an excessive amount of the landscaping materials originally approved have not bee planted or maintained. This constitutes a violation of Sections 19.00.02 (B) of the City of Carmel Zoning Ordnance, which states: Architectural Design. Exterior Liehtine. Landscapine and Sienaee. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered wit out the prior approval of the Commission. It also constitutes a violation of Section 19.06 of the City of Carmel Zoning Ordinance which state: "A planting screen, consisting of suitable shrubbery, shall be planted at the ime of construction of, or conversion to, a business activity and shall be maintained in orde to provide effective screening at all times during the year." Please refer to the Landscape Plan, Planting Notes, and Planting Detail submitted to the Department of Community Services for information on what the expectations are to bring the site into complete compliance. Please restore the landscaping to its original condition/design no later than October 1, 2007. Failure to comply will result in further enforcement action. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2476. Thank you for your cooperation. Respectfully, GLt,vio, Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File:00001128 Sandy Grysko, Ramco Gershenson ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417