HomeMy WebLinkAboutCommitmentsSTATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OF DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING OF PROPERTY
In accordance with I.C. 36-7-4-615, Equicor Development, Inc., an Indiana company
("Petitioner"), the lessee of certain real estate located in Hamilton County, Indiana, which is
further described in Exhibit A attached hereto and incorporated herein by reference ("Real
Estate"), makes the following commitments concerning the use and development of the Real
Estate in connection with its petition to rezone the Real Estate from the R-! district to the B-2
district:
STATEMENT OF COMMITMENTS
Petitioner hereby agrees that the Real Estate shall be limited to only the following uses,
as described in the City of Cannel Zoning Ordinance, Appendix "A", "Schedule of Uses":
GUILFORD OFFICE CENTRE COMMITMENT: USES ALLOWED
2.
3.
4.
5.
"Office"
a. All office uses permitted
"Residential"
a. Nursing / Retirement / Convalescent facility
"Institutional"
a. Public service facility
"Educational"
a. All educational uses permitted
"Retail / Service"
a. Dry cleaning - no plant
b. Financial institution
c. Veterinary hospital - no kennel
d. General retail
"Cultural / Entertainment"
a. Art gallery
b. Restaurant / Coffee Shop
i.
ii.
To be used primarily by tenants within Office Park
No drive through ·
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10.
11.
"Industrial Uses"
a. Not permitted
"Agricultural Uses"
a. Not permitted
"Recreational"
a. Not permitted
"Miscellaneous Uses"
a. Not permitted
"Transportation / Communication Uses"
a. Not Permitted
MISCELLANEOUS
The Commitments shall be binding on the Petitioner, and any successor in interest to
Petitioner's interest in the Real Estate.
The Commitments shall be effective upon the approval of Petitioner's rezoning/Case No.
04010001 Z by the Carmel Plan Commission, and shall continue in effect so long as (i)
the Real Estate is zoned B-2, or (ii) until these Commitments are vacated by the Carmel
Plan Commission after a duly and properly notified public hearing.
The Commitments may be enforced by the City of Carmel, Indiana, the Carmel Plan
Commission or its duly authorized agent.
IN WITNESS WHEREOF, the Petitioner has executed this instrument on the
,2004.
day of
EQUICOR DEVELOPMENT, INC.
(signature)
(printed name and title)
INDY 1303523vl
2
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for the State of Indiana, personally appeared
, the of Equicor Development, Inc., an
Indiana company, who, having been first duly sworn, acknowledged the execution of the
foregoing on behalf of said company and stated that any representations therein contained are
trtle.
Witness my hand and Notarial Seal this _ day of
,2004.
Signature (Notary Public)
Printed
My Commission Expires:
County of Residence:
This instrument was prepared by Joseph D. Calderon, ICE MILLER, One American Square,
Box 82001, Indianapolis, Indiana 46282-0002, (317) 236-2100.
INDY 1303523vl
3
Guilford Office Centre Commitment: Uses Allowed
9.
10.
11.
"Office"
a. All office uses permitted
"Residential"
a. Nursing / Retirement / Convalescent facility
"Institutional"
a. Public service facility
"Educational"
a. All educational uses permitted
"Retail / Service"
a. Dry cleaning - no plant
b. Financial institution
c. Veterinary hospital - no kennel
d. General retail
"Cultural / Entertainment"
a. Art gallery
b. Restaurant / Coffee Shop
i. To be used primarily by tenants within Office Park
ii. No drive through
"Industrial Uses"
a. Not permitted
"Agricultural Uses"
a. Not permitted
"Recreational"
a. Not permitted
"Miscellaneous Uses"
a. Not permitted
"Transportation / Communication Uses"
a. Not Permitted
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