HomeMy WebLinkAboutZ-526-09 Park Place PUD 2009042335 ORDINANCE $46 00
07/13/2009 08 46 24A 18 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented Sponsors Councilor Sharp
Councilor Rider
ORDINANCE NO Z-526 -09
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING ORDINANCE Z- 500 -06 AS AMENDED BY ORDINANCE 2-521 08
WHEREAS, pursuant to i C 36 7 -4 -1500 et seg the Common Council of the City of
Carmel Indiana (the 'Council adopted Ordinance Z -500 06 establishing the Park Place
Planned Unit Development District (the Park Place Ordinance and
WHEREAS, the Council adopted Ordinance Z -521 08, amending Ordinance Z 500 06 by
adding Parcels 2 and 3 to the Park Place Ordinance and
WHEREAS, Mayflower Communities Inc Mayflower owner of' the real estate
descnbed in Exhibit A attached hereto has petitioned the Council to amend Ordinance Z 500 06
as amended by Ordinance Z 521 -08, modifying the unit mix contained in Section 5 1(e) of the
Park Place Ordinance
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows
Section 1 Ordinance Z 500 -06, Section 5 1(e) is amended as follows
5 1(e) There shall be a maximum of 171 independent residential
living units 44 assisted living units 18 assisted living memory
support units and 30 nursing care units
Section 2 All pnor Ordinances or parts thereof inconsistent with any provision of
this Ordinance are hereby repealed
Section 3 This Ordinance shall be in full force and effect from and after its passage
and signing by the Mayor
Z 526 09 PASSED by the Common Council of the City of Carmel, Indiana, this a na-
day of 'en OA.c._- 20 09 by a vote of (p ayes and 0 nays
EXEMN I mum
SALES DISCLOSURES
COMMON COUNP?L
I
CGC-7
Presiding 0 1cer
FOR THE CITY
K vin D. Rider
Z41 =-?
W. Eric Seid sticker, res4gr ro Tempore_
Vin AAccettZuroQ;
N oT P 2 e s? r?
Ronald E. Carter
ATTEST:
Cordray, IAMC, Clerk-
2w,11,91
Richard L. Sharp
nyder
6y me io
Z-526-09 Presented to me by the Mayor of the City of Carmel, Indiana, this
o.nr c , 20 _ __, at I Q-. NB P.M.
day of
Diana L. Cordray,IAMC, Clerk-
Z-526-09 Approved by me, Mayor of the City of Carmel, Indiana, this e4-V day of
20 09 , at 10'•-)-o PrA4.
Ames Brainard, Mayor
ATTEST: C?
v?
Diana L. Cordray„IAMC, Clerk-Trea er
Prepared by: E. Davis Coots, Coots Henke & Wheeler, P.C., 255 E. Carmel Drive, Carmel,
Indiana 46032 (317) 844-4693
M:TD0GREYST0NMRD1NANCE.wyd\ 17940
Final proposal for The Barrington of Carmel PILOT agreement (Mod-1)
1. Prior terms related to payment guarantees shall be as previously discussed. Payment will be
secured by a mortgage on the Real Estate subordinated only to the construction financing.
2. The PILOT agreement shall be recorded and run with the land, binding' successors and
assigns.
2. Mayflower shall receive a 50% discount on the annual tax load as previously discussed
3. There will be a $350,000 floor on the annual tax load as previously discussed.
4. There will be no ceiling to the annual tax load.
5. The tax load shall be phased in on a year by year basis based on cash flows of the project.
-During the first year of construction the tax load remains at the current amount (approx $40,000)
-During the second year of construction the tax load will be $100,000.
-Upon issuance of a Certificate of Substantial Completion by the architect, thru the period until
Stabilized Occupancy is achieved, or 24 months whichever is sooner (Fill Up Period), Mayflower
would pay 50% of the floor amount or $175,000.
-Upon reaching Stabilized Occupancy or 24 months from issuance of the Certificate of Substan-
tial Completion, whichever occurs sooner, Mayflower would pay an amount based on items 2
and 3 above (the previously agreed to 50% discount of the full assessed value).
6. Mayflower retains its right to appeal the assessed value throughout the life of the project.
8. Below is an example of how the above terms would look when applied to an annual timeline.
Year 1 - Construction starts ($40,000)
Year 2 - Construction is under way $101 0.000)
Year 3 - Construction is complete and Certificate of Substantial Completion is issued ($175,000)
Year 4 - Fill up ($175,000)
Year 5 - Fill up ($175,000)
Year 6 -Fill up ($350,000 or 50% of assessed value whichever is greater)
Year 7 - Stabilized Occupancy ($350,000 or 50% of assessed value whichever is greater)
Year 8 and Beyond - Normal Operations ($350,000 or 50% of assessed value whichever is
greater)
EXHIBIT B
AGREEMENT ATTENDANT TO ORDINANCE Z-526-09
(Park Place PUD Ordinance Amendment)
Mayflower Communities, Inc. ("Mayflower"), successor in interest to Guilford Partners, LLC
("Guilford") owns real estate in Carmel, Hamilton County, Indiana, the legal description of which
is attached hereto as Exhibit "A" (the "Real Estate") and has petitioned the Common Council of the
City of Carmel, Indiana (the "Council") to amend Ordinance Z-500-06 (the Park Place Planned Unit
Development District - "Park Place PUD") by the adoption of Ordinance Z-526-09 modifying the
unit mix contained in Section 5.1(e) of the Park Place PUD.
Mayflower's status as a 501(c)(3) charitable corporation may entitle Mayflower to tax exempt
status as to the Real Estate described in Exhibit "A" and in the event tax.exempt status is obtained
by Mayflower, the City of Carmel and Mayflower agree to enter a "Payment in Lieu of Taxes"
agreement ("PILOT agreement") requiring Mayflower to pay an amount equal to Fifty Percent (50%)
of the real estate taxes, adjusted annually as the property value is trended and the tax rate changes;
however, except during construction and achieving stabilized occupancy, the payment under the
PILOT agreement shall never be less than the sum of Three Hundred Fifty Thousand Dollars and
No/100 ($350,000.00) per year. The PILOT payment will be phased in over a five (5) year period
as follows:
Year 1 Construction Starts
Year 2 Construction
Year 3 Construction complete and certificate of
substantial completion
Year 4 Occupancy fill-up
Year 5 Occupancy fill-up
Year 6 Occupancy fill-up
Year 7 Stabilized occupancy
Year 8 and Normal operation
beyond
$40,000.00
$100,000.00
$175,000.00
$175,000.00
$175,000.00
(50% of applicable tax based
on assessed value or $350,000
whichever is greater
5350,000.00 or 50% of the
applicable tax based on
assessed value, whichever is
greater
$350,000.00 or 50% of the
applicable tax based on
assessed value whichever is
greater
The PILOT agreement shall be recorded to run with the land and bind Mayflower's
successors and assigns. Mayflower's payment obligation created by the PILOT agreement shall be
secured by a mortgage on the Real Estate subordinated only to the construction financing in the
original amount of the initial cost of the project.
Mayflower agrees to cooperate with the City of Cannel to allocate the Real Estate described
in Exhibit "A" to the amended 126th Street expansion tax increment financing district as may be
necessary.
Date: ?LGt %2, ZOOq
STATE OF NEW HAMPSHIRE )
SS:
COUNTY OF. r )
MAYFLOWER COMMUNITIES, INC.
By:?/// - 4iG" 4
-T
(Printed)
Its: CG
(Title) ??re s
Before me, a Notary Public in and forsaid Countyand State, personally appeared Mayflower
Communities, Inc. byhct?i TC,,,,,,yln-v,np who acknowledged the execution of the
foregoing Agreement and who, having been duly swom, stated that any representations therein
contained are true.
My Commission Expires:
.SP i'4p rnk0T -zl j0 in
My County of Residence:
N taryPublic
Printed Name
3J,a)o 1
NdEDMREYSTONEtASTremeui Attendee, to Ordinance Z336-09 withjent 3.1.09.wpd CINDY L GRIMARD-GOSS, Noisy Public
My Commission Expires September 21, 201 r
Sponsors: Councilor Sharp
Councilor Rider
Cross References: (last deed of record)
AMENDED COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
In accordance withl.C. 36-7-4-1512(a)(3) and 36-7-4-615, Mayflower Communities, Inc.,
successor in interest to Guilford Partners, LLC, an Indiana limited liability company, (hereafter
"Mayflower"), is the owner of real estate located in Carmel, Hamilton County, Indiana, which real
estate is described on Exhibit A attached hereto and made a part hereof (hereafter referred to as the
'Real Estate"), and makes the following commitments (hereafter referred to as the "Commitments")
concerning the use and development of the Real Estate as the Park Place retirement community to
the City of Carmel Common Council (hereafter referred to as the "Council") for Park Place Planned
Unit Development Ordinance.
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Ordinance No. Z-500-06, the Park Place Planned Unit Development Ordinance,
approved by the Council on February 19, 2007 (hereafter referred -to as the 'Park Place PUD").
Section 2. Exhibits. The following exhibits are attachedhereto and incorporated herein
by reference:
Exhibit "A". Attached hereto and incorporated herein by reference as
Exhibit "A" is the legal description of the Real Estate; and,
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and the definitions below shall apply throughout these Commitments.
1. Owner. The term "Owner" shall mean and refer to Mayflower and its successors and
assigns.
2. Story or Stories. The term "Story or Stories" shall mean and refer to that part of the
building comprised between the level of one finished floor and the level of the next higher finished
floor.
Section 4. Commitments. The Owner agrees and commits to the following:
That the building to be constructed upon the Real Estate shall not exceed three (3)
Stories in height.
2. That the maximum number of independent living units to be constructed upon the
Real Estate shall not exceed 171 independent residential living units, 44 assisted
living units, 18 assisted living memory support units and 30 nursing care units.
Section 5. Binding,on Successors. These Commitments are binding on the Owner of
the Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an
interest in the Real Estate, unless modified or terminated by the Council. These Commitments may
be modified or terminated only by a decision of the Council after a public hearing wherein notice as
provided by the rules of the Council has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Park Place Planned Unit Development District pursuant to
Ordinance No. Z-500-06, to another zoning classification.
Section 6. Effective Date. The Commitments contained herein shall be effective upon
the occurrence of all of the following events:
The adoption of the Park Place PUD Ordinance, Ordinance No. Z-526-09, by the
Council; and
2. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Park Place PUD classification pursuant to Ordinance No.
Z-526-09, as evidenced by the issuance of a building permit and improvement
location permit, or their equivalent, for such development.
Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the
City of Carmel to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Council and any
property owner within or immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, the Owner has caused these Commitments to be executed as of
the date written below.
MAYFLOWER COMMUNITIES, INC.,
successor in interest to Guilford Partners, LLC,
an Indiana limited liability company
By:
(Name)
(Title)
STATE OF NEW HAMPSHIRE )
) SS:
COUNTY OF '?- )
fore me the undersigned, a Notary Public in and for said ounty and State, personally
appeared ( nrn7r(name) p C?z+:»m, a?Yfv ttire)onbehalfofMayflower
Communities, Inc., successor in interest to Guilford Partners, LLC, an Indiana limited liability
company, who acknowledged the execution of the foregoing Declaration for and on behalf of said
limited liability company.
Witness my hand and Notarial Seal this ' day of
2009.
My Commission Expires: ,
,P=?m?-lf{
Residing inpr County C91 1M ?{
Printed Name CINDY L GRiMHRD-DOSS, Notary Public
Uy Commission Expires September 21, 2010
Prepared By: E. Davis Coots, Coots Henke & Wheeler, P.C.,
255 E. Carmel Drive, Carmel, IN 46032
1 affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. E. Davis Coots
M' ED C%G REY STO N E\Cammiimwts.mv.wptl
EXHIBIT "°A"
LEGAL DESCRIPTION: Parcel I
Situate in the State of Indiana, County of Hamilton and being a part of the.Southwest quarter of
Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly
described to wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest
quarter of Section 36, Township 18 North; Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the North line of said West half quarter thence South 00 degrees 10
minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate
herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch
rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00
degrees 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence
South 89 degrees.22.minutes 51 seconds West 504.50 feet to 'a 5/8 inch rebar; thence North 67
degrees 02 minutes 29 seconds West 244.32feet to a mag nail; thence North 00 degrees 10 minutes
31 seconds West 1088.40 feet to the point of beginning, containing I9.55.acres, more or less.
Subject to all rights-of-way and pertinent easements of record.
PETITION TO AMEND ORDINANCE Z-500-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT
AS AMENDED BY ORDINANCE Z-521-08
WHEREAS; Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay
Zoning Ordinance") provides for the establishment of a planned unit development district in
accordance with the requirements of I.C. § 36-7-4-15, et. seq.; and
WHEREAS, the Common Council of the City of Cannel, Indiana (the "Council") adopted
Ordinance Z-500-06 on February 19, 2007 ("Z-500-06"), establishing the Park Place Planned Unit
Development District (the "Park Place Ordinance") for the Real Estate legally described in Exhibit
"A" attached hereto; and
WHEREAS, the Council is in the process of amending Z-500-06 by Ordinance.Z-521-08,
which Ordinance adds Parcels 2 and 3 to the Park Place. Ordinance, the legal descriptions of which
are attached hereto as Exhibit "A-I" (Exhibit. "A" and "A-1" together, the "Real Estate"); and
WHEREAS, Mayflower Communities, Inc. ("Mayflower"), the owner of the Real Estate
described in Exhibit A and commonly known as the 19.55 acres located along the east side of
Guilford Avenue, approximately 636.72 feet north of its intersection with 116th Street, Carmel,
Hamilton County, Indiana, and referred to as Parcel 1 in/_-500-06; and
WHEREAS, Mayflower desires to amend Z-500-06 as amended by Ordinance Z-521-08 to
modify the unit mix contained in Section 5.1(e) of the Park Place Ordinance.
NOW, THEREFORE,. Mayflower Communities, Inc., by counsel, requests of the Common
Council of the City of Carmel, Indiana, as follows:
Section 1. Ordinance Z-500-06, Section 5.1 (e) is amended as follows:
"5.1(e) There shall be a maximum of 171 independent residential
living units, 44 assisted living units, 18 assisted living memory
support units and 30 nursing care units."
Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Respectfully submitted,
MAYFLOWER COMMUNITIES., INC.
By: &U'4!?
E. Davis Coots, 93367-29
Its Attomeys
E. Davis Coots
Coots Henke & Wheeler, P.C.
255 E. Carmel Drive
Carmel,, IN 46032
(317) 844-4693
dcoots n chwlaw.com
MdEDCIGREYSTONTMPETITION TO AMEND ORDINANCEmpd117940
EXHIBIT "A"
LEGAL DESCRIPTION: Parcel I
Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of
Section 36, Township 18 North, Range 3 East of the Second Principal Meridian; more particularly
described to wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest
quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10
minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate
herein described: thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch
rebar on the East line of the West half of the East half of said Southwest quarter thence South 00
degrees 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence
South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 518 inch rebar; thence North 67
degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes
31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less.
Subject to all rights-of-way and pertinent easements of record.
EXHIBIT "A-1"
LEGAL DESCRIPTION: Parcels 2 and 3
Plot 5
Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County,
Indiana, described as follows:
Beginning at the Northeast corner of the West Half of the Southwest Quarter of Section 36,
Township 18 North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds West on and
along the North line thereof 66.00 feet; thence South 00 degrees 10 minutes 31 seconds East
(assumed bearing) parallel with the East line of the West half of said Southwest Quarter 1988.70 feet
to the True Beginning Point of the real estate herein described; thence North 89 degrees 40 minutes
42 seconds East 729.14 feet to a point on the East line of the West half of the East Half of said
Southwest Quarter that is 1994.30 feet south 00 degrees 14 minutes 51 seconds east of the North line
of said southwest quarter; thence South 00 degrees.] 4 minutes 51 seconds East on and along the East
line of said half Half Quarter Section 632.71 feet to the South line of said Southwest Quarter; thence
South 89 degrees 21 minutes 50 seconds West on and along said South line 729.96 feet to a point
that is 66 feet West of the East line of the West half of said Southwest Quarter; thence north 00
degrees 10 minutes 31 seconds West parallel with said East line 636.72 feet to the True Beginning
Point; containing 10.630 acres, more or less.
Subject to an Indiana Bell Telephone Company Utility Easement recorded June 6, 1969, in Deed
Record 229, page 30; subject to the rights of way for College Avenue (Guilford Road) and 116`h
Street; subject to all other legal easement and rights of way.
Sponsors: Councilor Sharp
Councilor Rider
PETITION TO MODIFY COMMITMENTS CONCERNING THE USE AND
DEVELOPMENT OF REAL ESTATE
Mayflower Communities, Inc. (hereinafter. "Mayflower"), successor in interest to Guilford
Partners, LLC (hereinafter "Guilford"), owns real estate in Carmel, Hamilton County, Indiana, the
legal description of which is attached hereto as Exhibit "A" (the "Real Estate") and petitions the
Common Council of the City of Carmel, Indiana (the "Council") to amend certain Commitments
Concerung the Use and Development of Real Estate attached hereto as Exhibit "B" executed on or
about March 9, 2007.
Section 4(2) establishes the maximum number and unit mix of units to be constructed as
follows:
"That the maximum number of independent living units to be
constructed upon the real estate shall not exceed 191, the maximum
number of assisted living units to be constructed upon the real estate
shall not exceed 20 and the maximum number of nursing care units
to be constructed upon the real estate shall not exceed 28."
The total number of units contained in the Commitments is 239.
Mayflower seeks to amend the Commitments to modify Section 4(2) to provide a maximum
number of 171 independent residential living units, 44 assisted living units, 18 assisted living
memory support units and 30 nursing care units for a total number of units contained in the
Commitments to be 263.
All other terms and conditions of the Commitments Concerning the Use and Development
of Real Estate not amended by this Petition shall remain in full force and effect and unmodified.
Respectfully submitted,
MAYFLOWER COMMUNITIES, INC.
By:
E. Davis Coots. #3367-29
Its Attorneys
E. Davis Coots
Coots Henke & Wheeler, P.C.
255 E. Carmel Drive
Carmel, IN 46032
(317) 844-4693
dcootsna chwlaw.com
MdEDC\GREYSTONETETITION TO MODIFY COM.MITMENrs.wpdV7940
EXHIBIT "A"
LEGAL DESCRIPTION: Parcel I
Situate in the State of Indiana. County of Hamilton and being a part of the Southwest quarter-of
Section 36, Township 18 North; Range 3 East of the Second Principal. Meridian. more particularly
described to wit:
Commencing at a 5/8 inch rebar marking the Nort heast comer of the West half of the Southwest
quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10
minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate
herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch
rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00
degrees 14 minutes.34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence
South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 518 inch rebar; thence North 67
degrees 02 minutes 29 seconds West 24432 feet to a mag nail: thence North 00 degrees 10 minutes
31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less.
Subject to all rights-of-way and pertinent easements of record.
Cross References: (last deed of record)
COMNIITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
In accordance with I.C. 36-74-1512(a)(3) and 36-74-615, Guilford Partners, LLC, an
Indiana limited liability company, (hereafter referred to as "Guilford"), is the owner of real estate
located in Carmel, Hamilton County, Indiana, which real estate is described on Exhibit A
attached hereto and made a part hereof (hereafter referred to as the "Real Estate"), and makes the
following commitments (hereafter referred to as the "Commitments") convening the use and
development of the Real Estate as the Park Place retirement community to the City of Carmel
Common Council (hereafter referred to as the "Council") for Park Place Planned Unit
Development Ordinance.
Section.. Gross Reference. These Commitments are made in connection with approvals
obtained under Ordinance No. Z7500-06, the Park Place Planned' Unit Development Ordinance,
approved by the Council on , 2007 (hereafter referred to as the "Park Place PUD").
Section 2. Exhibits. The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the Real Estate; and,
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and the definitions below shall apply throughout these Commitments.
Owner. The term "Owner" shall.mean and refer to Guilford and its successors and
assigns. '
2. Story or Stories. The term "Story or Stories" shall mean and refer to that part of the
building comprised between the level of one finished floor and the level of the next
higher finished floor.
Section 4. Commitments. The Owner agrees and commits to the following:
1. That the building to be constructed upon the Real Estate shall not exceed three (3)
Stories in height
2. That the maximum number of independent living units to be constructed upon the
Real Estate shall not exceed one hundred and ninety one (191), the maximum number
of assisted living units to be constructed upon the Real Estate shall not exceed twenty
(20) and the maximum number of nursing care units to be constructed upon the Real
Estate shall not exceed twenty eight (28).
Section 5. Binding on Successors. These Commitments are binding on the Owner of the
Real Estate and each subsequent owner. of the Real Estate, and each other person acquiring an
interest in the Real Estate, unlesssmodified or terminated by the Council. These Commitments
may be modified or terminated only by a decision of the Council after a public hearing wherein
notice as provided by the rules of the Council has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Park Place Planned Unit Development District pursuant
to Ordinance No. Z-500-06, to another zoning classification
Section 6. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
The adoption of the Park Place PUD Ordinance, Ordinance No. Z-500-06, by the
Council;
2. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Park Place PUD classification pursuant to Ordinance NO.Z-
500-06, as evidenced by the issuance of a building permit and improvement location
permit, or their equivalent, for such development.
Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the City
of Carmel to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Council and any
property owner within or immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, the Owner has caused these Commitments to be executed as of the
date written below.
By: Guilford Partners, LLC, an Indiana limited liability company
By:
(name) (title)
STATE OF INDIANA )
) SS:
COUNTY-OF
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared (name) (title) on behalf of
Guilford Partners, LLC,.,an Indiana limited liability company, who acknowledged the execution
of the foregoing Declaration for and on behalf of said limited liability company.
Witness my hand and Notarial Sea] this day of , 2007.
My Commission Expires:
Notary Public
Residing in County
Printed Name
Prepared By: James E. Shinaver, Nelson & Frankenberger, 3105 East 98'h Street, Suite 170,
Indianapolis, IN, 46280.
1 affirm, under the penalties of perjury; that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. James E. Shinaver
amd/=iog/wlb•guiliorcNm=cilw iMMU020207
CERTIFICATIOIN OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON*THE PETITION-OF GREYSTONE COMMUNI-TIES:INC
TO AMEND TIIE PARK PLACE PUD ORDINANCE
PURSUANT TO ]NDIANA CODE:36-74-605
ORDINANCE Z?526-09
An Ordinance to Amend the Park P1acelPl6nhed"Unit Develop nent(PUD) Ordinance
To: The.Honorable°Common Coartcil
of the City of Carmel
Hamilton County, Indiana
Dear Members:.
The Carmel Advisory Ilan Commission:offers you the following report on the application to the
Commission (Docket No; 08090032 OA) to° amend Ordinance -Z-500-06: Park .Place PUD; in
order to amend the breakdown ofeunit, types. The site ?is-located atihe•northeast comer of 116`h
Street.and Guilford Road.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regularly scheduled meeting on December 16, 2008, the,Commission voted nine (9) in
Favor, zero (0) Opposed, zero (0) Abstaining; to forward to the Coiimnon Council the proposed
Ordinance Z-526-09 with a,Favorable Recommendation.
Please be advised that by-Ortue;of the Commission's•Favorable Recommendation, pursuant to IC
36-7-4-607(e)(3); the Council has ninety-(90) days to act on this petition before it becomes
effective as C&-ttfiedby the Commission. Ninety days from the date oftha_oiiginal Certification
(December 19, 2008) is?Thltrsday, March 19, 2009.
ona Ilancock; ecre-tary,
Carmel Advisory Plan Commission
Dated: December 19`2008
20DS-1218 68090032 0A Z,526-09YC Ccrtific lion
CA EL PLAN COM ISSION
L o`Dierc cman, President ?
9il f d b.l X30 01