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A1172MANT TO
DOCKET NO.0.50GM9DP /ADLS:
WEST CARMEL MARKETPLACE HOME DEPOT
Conditioned on Plan Commission approval of Docket No. 05080039DP /ADLS
(West Carmel Marketplace Home Depot), the Petitioner Home Depot U.S.A., Inc. sets
forth to the following com I to be made as part of the Denlopment Plan and
ADIS Approval. In addition to the commitments contained in the Application and Plans
and Specifications submitted in support of On Application, Petitioner commits to the
following:
1. The petitioner shall prohibit the idling of trucks on the property between the hours of
7:00 PM and 7:00 AM. Delivery trucks may not arrive or exit between the hours of
9:00 p.m. and 6 :00 a.m.
2. Loading and off loading of trucks betweem the hours of 9:00 PM and 7:00 AM will be
restricted to tasks that can be accomplished with the truck well and within the
buikling. No loading or off loading will occur in the lumberyard at the northeast
corner of the building or along the south side of the garden center during this time
frame.
3. Hours of use of any outdoor speaker system for normal operations shall be limited to
the hours of7:00 AM to 7:00 PM. The petitioner will restrict the placement of
outdoor speakers to the garden center area only Use of outdoor speakers beyond the
hours stated above will be for emergency use only
4. The petitioner agrees that the landscaping and lighting shall be installed as shown on
the respective landscape and li& ng plan(s) ubmitted to the Special Studies
Committee on December 6, 2005. This landscaping shall include a mixture of
deciduous and evergreen trees along the east and south sides of the lot.
5. The petitioner will enhance the landscaping along the east and south sides of the
property with a six -foot high wood (solid board an board) fence, in addition to the
proposed landscaping. The fence will be at grade at the location shown on the
landscape plan. The landscaping on the eastern perimeter of the property will be
further enhanced with a three to four -foot high mowd incorporated into the
landscaping.
6. These commitments are binding on the owner of the read estate and each subsequent
owner of the real estate and peons acquiring interest in the real estate following
approval of the pending applica*m wales the commitments are modified or
terminated by the governmental authority authorized to make such modification.
997165
7. The undersigned agrees to record these commitments in the Office of the Reoodder of
Hamilton County, Indiana upon granting of the approval of the applications.
S. These commitments may be enforced by the Carmel Clay Board of Zoning Appeals
and/or the City of Carmel, Indiana Planning Commission.
Executed this day of 2005.
HOME DEPQT US-A., INC.
STATE OF ILLINOIS
)SS:
COUNTY OF
BY.
Bret D. Soloway
M .-I
)%I. FS
1-at /b e
Director Legal
Before me, a Notary Public in and for said County and State, personally appeared
Bret D. Soloway, Director Legal, and acknowledged the execution of the foregoing by
and on behalf of Home Depot USA., Inc.
Witness my hand and Notarial Seal, the day of 2W5.
My Commission Expires:
Notary Public Signature
All
Notary Public Printed
My County of Residence:
This instant prepared by Mary E. Solada, Attorney at Law. Bingham McHale U.P. 2700
Market Tower, 10 west Markel Street, Indianapolis, Indiana 46204-2982.
997165
7. The undersigned agrees to record these commitments in the Office of the Recorder of
Hamilton County, Indiana upon granting of the approval of the applications.
8. These commitments may be enforced by the Carml Clay Board of Zoning Appeals
and/or the City of Carmel, Indiana Planning Commission.
Executed thi day of D
STATE OF ILLINOIS
)SS:
COUNTY OF (�b Q Y--
HOME DEPOT U.S.A., INC-
Brett D. Soloway
Director Legal
Before me, a Notary Public in and for said County and State, personally appeared
Brett D. Soloway, Director Legal, and acknowledged the execution of the foregoing by
and on behalf of Home Depot U.S.A., Inc.
Witness my hand and Notarial Seal, the q7�
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My Commission Expires:
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My County of Residence:
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This insert prepared by Mary E. Solada, Attorney at Law. Bingham Mcliale LIZ 2700
Market Tower, 10 West Market Street, Indianapolis, Indiana 46204.2982.
W7765