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HomeMy WebLinkAboutCommitments RECORDED 8-11-11COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Justus Homes, Inc.. an Indiana corporation, "Justus' makes the following commitments (the "Commitments to the City of Carmel. Plan Commission (the "Plan Commission Section 1. Cross Reference. These Commitments are made in connection with (i) the Plan Commission's approval of a development plan and architectural design, lighting. landscaping and signage application (the "DP /ADLS Application"') under docket number 11020013 DP /ADLS and a zoning waiver application (the "Zoning Waiver Application' under docket number 11030006 ZW. The DP /ADLS Application and the Zoning Waiver Application shall be collectively referred to as the "Approvals with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A (the "Real Estate Section 2. Definitions. The following definitions shall apply throughout these Commitments. A. DOCS "DOCS" shall mean and refer to the Department of Community Services of the City of Carmel. B. Site Plan Site Plan shall mean and refer to the plan that was approved by the Plan Commission in connection with the Approvals and which plan is attached hereto and incorporated herein by reference as Exhibit "B C. Phase I "Phase 1 shall mean and refer to the first phase of building construction on the Real Estate. D. Additional Path "Additional Path"" shall mean and refer to the area shown by a red line on what is attached hereto and incorporated herein by reference as Exhibit "C" where an additional asphalt pathway will be constructed by Justus per its agreement with the City of Carmel's Department of Engineering. E. Additional Trees "Additional Trees shall mean and refer to the twenty four (24) trees that are depicted within the area outlined within the red lined box on what is attached hereto and incorporated herein by reference as Exhibit "D' Section 3. Commitment regarding DOCS verification of building footer and protective landscape fencing locations. Justus commits that prior to Justus requesting a footer inspection by the Division of Building and Code Enforcement, Justus shall meet with a representative of DOCS to verify: (i) the placement and staking of the building footer locations; and, (ii) placement and staking of the protective tree fencing locations along the eastern facade of the building. After DOCS conducts this meeting with Justus. then DOCS shall report to the Plan Commission that this meeting has occurred. Section 4. Commitment regarding construction of certain improvements in Phase l construction. Justus commits that if the building constructed on the Real Estate is constructed in two (2) phases. during the Phase l construction Justus shall: (i) construct the courtyard area 2011038701 RISC $27.00 08/11/2011 04:18:39P 8 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented VIII I I IIII I I III VIII VIII VIII VIII VIII VIII IIII I VIII VIII IIII IIII depicted on the Site Plan: (ii) construct all surface parking areas shown of the Site Plan; and. (iii) install any applicable lawn areas for the Phase 2 building location. Section 5. Commitment regarding Phase 1 Evergreen Tree Screen. Justus commits that if the building is constructed in two (2) phases, during Phase 1 construction Justus shall install in the northeast corner of the Site Plan, east of the courtyard area. twenty (20) evergreen trees. If the building is constructed in two (2) phases. prior to constructing the Phase 2 portion of the building, Justus shall be permitted to remove the twenty (20) evergreen trees that were planted east of the courtyard area. Section 6. Commitment regarding Rooftop Terrace. Justus commits that it shall construct on the roof of the third (3' floor of the eastern elevation a rooftop terrace with outdoor seating. Justus in its sole and exclusive discretion may elect to install on the rooftop terrace a garden/landscape element. but is not required to do so. Section 7. Commitment regarding Drainage Plans. Justus commits that prior to the issuance of a building permit. the City of Carmel. Department of Engineering shall approve all required drainage plans for the Real Estate. Section 8. Commitment regarding Deliveries to Northeast Service Drive. On the northeast portion of the Real Estate there is a service drive that is depicted on the Site Plan. Justus commits that deliveries and trash pick -up to the service drive on the northeast portion of the Real Estate shall only occur during the hours of 8:00 am to 6:00 pm. Monday through Friday. Section 9. Commitment regarding Additional Path. Justus commits that it shall construct within the right of way an Additional Path in the area shown by a red line on Exhibit "C'' per its agreement with the City of Carmel's Department of Engineering. Section 10. Commitment regarding Additional Trees. Justus commits that it shall plant the Additional Trees within the area outlined within the red lined box on Exhibit ``D Justus also commits that if requested in writing by DOCS prior to the issuance of a building permit. Justus will plant the Additional Trees so that they are dispersed out along the eastern most edges of the Real Estate adjacent to the lots in the Kensington Place neighborhood as generally depicted by the arrows shown on Exhibit Section 11. Recording of Commitments. The undersigned shall record these Commitments with the Recorder of Hamilton County, Indiana. Section 12. Enforcement. These Commitments may be enforced by the Plan Commission. Section 13. Binding on Successors. These Commitments are binding upon Justus and its successors and assigns, unless modified or terminated by the Plan Commission after a public hearing wherein notice is provided by the rules of the Plan Commission. Section 14. Effective Date. These Commitments shall be neither effective nor enforceable until Justus requests and receives a building improvement location permit from the City of Carmel; and. in the event Justus does not request or receive a building permit, these Commitments shall be null and void. IN WITNESS WHEREOF. Justus has caused these Commitments to be executed as of the date identified on the Notary below. STATE OF INDIANA COUNTY OF MARION SS: Justus Homes. Inc. By Walter E. Justus, Preside: t Before me. the undersigned. Notary Public in and for the said County and State, personally appeared Walter E. Justus. President of Justus Homes. Inc.. who ackpowedged execution of the foregoing Commitments and on behalf of Justus Homes. Inc. g,; Witness my hand and Notarial Seal this 25tlay of 201 My Commission Expires: Nbtyr P•u`Aic� en Saville Prepared bv: James E. Shinaver, Nelson Frankenberger. 3105 E. 98 Street, Suite 170, Indianapolis. IN 46280 (317) 844 -0106. Pursuant to IC 36- 2- 11- 15(b)(c). I affirm under the penalties for perjury. that 1 have taken reasonable care to redact each Social Security number in this document. unless required by law James E. Shinaver. Exhibit "A" Legal Description Lot No. 1 and Lot No. 2 in Justus Business Park, an addition to the City of Carmel, as per plat thereof recorded August 22. 2007. as Instrument No. 2007047987, in Plat Cabinet 4, Slide 356. in the Office of the Recorder of Hamilton County. Indiana.