HomeMy WebLinkAboutCommitments 10-05-04 x, :w
COMIVIITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Carmel Monon LLC (hereafter, "Carmel Monon the contract purchaser of the real
estate located in Hamilton County, Indiana, and described in what is attached hereto and
incorporated herein by referenced as Exhibit "A" (the "Real Estate"), makes the following
Commitments (the "Commitments to the Plan Commission of the City of Carmel (the "Plan
Commission) and the City Council of the City of Carmel, Indiana (the "Council for the
Monon on Main Planned Unit Development Ordinance.
Section L Cross Reference. These Commitments are made in connection with approvals
obtained under Docket Numbers 04070035 PUD and 04070036 ADLS.
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ft Section 2. Exhibits. The following exhibits are attached hereto and incorporated herein by
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reference:
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
Y bit B is the
conceptual district map (the "District Map which apportions the Real Estate into the
primary area and secondary area (the "Primary Area" and "Secondary Area
collectively);
Exhibit "C Attached hereto and incorporated herein by reference as Exhibit "C" is the
Development Plan (the "Development Plan which depicts the site;
Exhibit "D Attached hereto and incorporated herein by reference as Exhibit "D" is what
shall hereafter be referred to as the "Right -of -Way Improvement" rendering.
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Section 3 Definitions. Different words and terms are defined throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
1. Developer. The term "Developer" shall mean and refer to Carmel Monon and its
successors and assigns.
2. Homeowners Association. The term "Homeowners Association" shall mean and refer to a
non- profit corporation established by the Developer per the terms of the Umbrella
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Declaration.
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Section 4. Commitments Applicable to Primary Area. The following commitments are
applicable to improvements mprovements to the north side of the Main Street Right -of -Way and within the
limits of the project area as detailed on Exhibit "D" attached hereto:
A
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1. Installation of concrete sidewalk, which shall be fourteen feet (14') in width and built to
m e City standards.
2. Installation of curb, which shall be built to City standards.
1 3. Installation of asphalt pavement adjacent to curb, which shall be seven, feet (7') in width
and built to City standards.
II
4. Installation of painted parking stalls and painted pursuant to City standards.
5. Installation of trees adjacent to curb along Main Street pursuant to the Landscape Plans
filed in connection with Docket No. 04070035Z and04070036DP /ADLS. These street
trees shall be installed to permit incorporation of tree grates by the City, at the City's
4 cost, at a future date.
Section 5. Binding on Successors
These Commitments are binding on the Owner of the Real Estate, each subsequent Owner of the
Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or
i i terminated by the Commission. These Commitments may be modified or terminated only by a
decision of the Plan Commission after a public hearing wherein notice as provided by the rules
of the Plan Commission has been made. The provisions of this paragraph 5 notwithstanding,
ND these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified
(rezoned) on the Town's Official Zone Map.
Section 6. Effective Date
li The Commitments contained herein shall be effective upon the occurrence of all of the following
events:
1. The adoption of an ordinance by the City Council of Carmel, Indiana, assigning the
requested Monon and Main PUD classification to the Real Estate;
iii 2. The acquisition of the Real Estate by Carmel Monon or its successors and assigns; and
3. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Monon and Main PUD classification.
Section 7. Recording
V The undersigned hereby authorizes the Secretary of the Commission to record these
Commitments in the Office of the Recorder of Hamilton County, Indiana.
3 Section S. Enforcement
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These Commitments may be enforced by the Commission and the City Council of Carmel,
Indiana and any property owner within or immediately adjacent to the Real Estate.
IN WITNESS WHEREOF cau
has caused these Commitments to be
executed as of the date first written above.
CARMEL MONON LLC
By:
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared as of Carmel Monon LLC, and having been
duly sworn, acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of 2004.
W.
My Commission Expires:
Notary Public
Residing in County
Printed Name
Prepared By James E. Shinaver, Nelson Frankenberger, 3105 East 98 Street, Suite 170,
Indianapolis, IN 46280.
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