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HomeMy WebLinkAboutCommitments (unsigned) 01/12/01 FRI 09:45 FAX 7733274 GORDON BYERS- 002/003 s (c. a� COMMITMENTS CONCERNING THE p 05 DEVELOPMENT AND USE OF REAL ESTATE j MADE ATTENDANT TO REZONE In accordance with the Indiana Code Section 36 -7- 4-613, the undersigned, The Owner /Rit Rit Building, Inc., Contract Purchaser, here and after "Owner", of the following described real estate located in Hamilton County, Indiana makes the following Commitments Concerning The Use And Development Of Real Estate "Commitments to the Carmel Clay Plan Commission "Commission A. Description of Real.Estate: See Exhibit "A" "Real Estate B. Docket No. 205 -00Z C. Statement of Commitments. 1. Building Material. The Owner agrees, contingent upon approval to rezone, to place structures and improvements on the real estate substantially in compliance with attached Exhibit "A In addition, the Owner commits to construct the improvement with the depicted building materials, i.e. brick and ;in°, the architectural exhibits depicted on Exhibit 'A" 2. Landscaping_ The Owner commits to put in place, the landscaping plan, said landscaping plan incorporated herein and made a part hereof marked as Exhibit "B 3. Lighting. The Owner commits that lighting will be down- shielded and will not exceed ,1 /10 one tenth foot candle' at the property line. 4. Construction of Other improvements. The Owner commits that prior to construction of other improvements, they will put in place written commitments similar to this which will incorporate developmental standards 'substantially complying with the developmental standards required in the US 31 overlay zone. 5.. Condition Precedent, The Owner /Contract Purchaser makeithese commitments subject to approval of the Rezone Ordinance by the Carmel Common Council, rezoning the real estate from B -2( US 31 overlay zone) to B -2. 01/12/01 FRI 09:46 FAX 7733274 GORDON BYERS a003/003 RECMED 6. Binding on Sxccessors .&Assigns. These Commitment lWarg 2001 binding on the Owner, each subsequent owner of the Real Estate afgCS each other person acquiring an interest in the Real Estate, unless •`Ar modified or terminated by the Plan Commission. 7. Fnforcemant These commitments may be enforced by the Carmel /Clay Plan Commission and /or the City of Carmel. OWNER By: STATE OF INDIANA S5: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared and who, having been duly swom, stated that the representations therein contained are true. Witness my hand and Notarial Seal this day of 2001. Notary Public Printed: My Commission Expires: My County of Residence: This instrument was prepared by Gordon D. Byers, attorney at law, 949 Conner Street, Suite 101, Noblesville, Indiana 46060