HomeMy WebLinkAboutCommitments to Council RECORDED 10-18-06200600062724
Filed for Record in
HAMILTON COUNTY? INDIANA
Cross References: 200400054329, 200600032874, and 200600050623 JENNIFER J HAYDEN
10 -18 -2006 At 12 :13 am.
MISC 28.00
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Mohawk Associates, LLC an Indiana limited liability company, and Gramercy
Development Partners, LLC an Indiana limited liability company, (hereafter collectively referred
to as, 'Buckingham the owners of the real estate located in Carmel, Hamilton County, Indiana,
which is described on Exhibit A attached hereto and made a part hereof "Real Estate make the
following commitments (the "Commitments concerning the use and development of the Real
Estate as Gramercy (the "Development to the City of Carmel Common Council (the
"Council
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Ordinance No. Z- 493 -06, the Gramercy Planned Unit Development Ordinance,
approved by the Council on August 21, 2006 (the "Gramercy PUD commitments recorded
with the Hamilton County, Indiana Recorder on August 28, 2006 as Instrument No. 2006-
00050623 (the "Gramercy Rezone Commitments and, Resolution No. CC- 09- 18 -06 -02 and
Ordinance No. D- 1830 -06 (the "Gramercy Economic District approved by the Council on
September 18, 2006 and OM k*r 16 2006 respectively.
Section 2. Exhibit. The following exhibit is attached hereto and incorporated herein by
reference:
Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the Real Estate.
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and the definitions below shall apply throughout these Commitments. Further,
other capitalized terms herein are defined in the Gramercy Ordinance and Gramercy Rezone
Commitments:
1. Owner. The term "Owner" shall mean and refer to Buckingham and its successors and
assigns.
2. Story or Stories. The term "Story" or "Stories" shall mean and refer to that part of
any Building comprised between the level of one finished floor and the level of the
next higher finished floor or, if there is no higher finished floor, that part of the
Building comprised between the level of the highest finished floor and the top of the
roof beams.
3. Fmal Development. The term "Fmal Development" shall mean and refer to the final
ADLS approval for the last section of the Gramercy District so that (i) all the Real
Estate within the Gramercy District has undergone ADLS approval and (ii)
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construction of the improvements associated with the final ADLS approval for the
last section of the Gramercy District has been completed.
4. Landmark Clock Tower. The term "Landmark Clock Tower" shall mean and refer to
the tower described in subparagraph (iii) of the Introduction to the Gramercy Design
and Development Standards that is attached as Exhibit "G" to the Gramercy PUD.
Section 4. Commitments. The Owner agrees and commits to the following:
1. That the maximum Building Height in the Core Transitional Area, as the same is
defined pursuant to Section 4.3 (C) of the Gramercy PUD, shall be the greater of
either four (4) Stories or fifty (50) feet.
2. That the maximum Building Height in the Core Area, as the same is defined pursuant
to Section 4.3 (D) of the Gramercy PUD, shall be the greater of either five (5) Stories
or sixty (60) feet.
3. Notwithstanding anything in these Commitments to the contrary, the Landmark Clock
Tower may be constructed to the maximum height permitted under the Gramercy
PUD.
4. That a minimum total of fifty (50) single family detached residences shall be
constructed upon the Real Estate prior to or as part of the Final Development of the
Real Estate.
5. Notwithstanding the requirements of Section 1.2 of the Gramercy Design and
Development Standards, which is attached to the Gramercy PUD as `Exhibit G
which requires that a minimum of ten percent (10 of the acreage within the District
as a whole shall be provided as Open Space, the Owner shall cause a minimum of
twelve percent (12 of the acreage within the Gramercy District to be provided as
Open Space prior to or as part of the Final Development of the Real Estate, and that
the linear park that is described in Section 4, paragraph 9 of the Gramercy Rezone
Commitments shall qualify as Open Space for purposes of this Commitment.
6. That the two (2) acre minimum park referenced in Section 1.2 of the Gramercy
Design and Development Standards that is attached as Exhibit "G" to the Gramercy
PUD shall be located within the Core Area as depicted on the Building Height Map
that is attached as Exhibit "D" to the Gramercy PUD.
7. That the maximum number of residential units to be constructed upon the Real Estate,
excluding the Existing Apartments and Existing Apartment Accessory Uses, shall be
two thousand one hundred (2,100) units.
Section 5. Binding on Successors. These Commitments are binding on the Owner of the
Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an
interest in the Real Estate, unless modified or terminated by the Council. These Commitments
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may be modified or terminated only by a decision of the Council after a public hearing wherein
notice as provided by the rules of the Council has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Gramercy Planned Unit Development District pursuant
to Ordinance No. Z- 493 -06, to another zoning classification.
Section 6. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
1. The adoption of an ordinance by the Council assigning the requested Gramercy
Economic District to the Real Estate pursuant to Resolution No.CC- 09- 18 -06 -02 and
Ordinance No.D- 1830 -06;
2. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Gramercy PUD classification pursuant to Ordinance NO.Z-
493-06, as evidenced by the issuance of a building permit and improvement location
permit, or their equivalent, for such development.
Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the City
of Carmel to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Council and any
property owner within or immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, the Owner has caused these Commitments to be executed as of the
date written below.
Signatures next page
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STATE OF INDIANA
SS:
COUNTY OF MARION
Mohawk Associates, LLC, an Indiana limited
liability company,
By: Mohawk Manager, LLC, an Indiana limited
liability company, Manager
By:
Bradley B. Chambers, Manager
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, Manager of Mohawk Manager, LLC, an Indiana limited liability
company, Manager of Mohawk Associates, LLC, an Indiana limited liability company and
acknowledged the execution of the foregoing instrument for and on behalf of said limited
liability company. 1011 Witness my hand and Notarial Seal this day of o 2006.
My Commission Expires: A di e-
l Ure 11 Z,o 1 Z Not Public (1
Residing in V I t (M County J eYlr) 1 t' Et. tg cue-4 S
Printed Name
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Gramercy Development Partners, LLC, an Indiana limited liability
company
By: House Investments Mohawk Investors I, LLC, an Indiana
limited liability company, Member
AND
STATE OF INDIANA
SS:
COUNTY OF MARION
By: Buckingham Mohawk, LLC, an Indiana
limited liability company, Managing
Member
By:
By:
Bra y B. Chaco hers, Manager
By: House Investments Mohawk Investors II, LLC, an
Indiana limited liability company Member
By: Buckingham Mohawk, LLC, an Indiana
limited liability company, Managing
Member
Bradldy B. Chambers, Manager
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, Manager of Buckingham Mohawk, LLC, an Indiana limited
liability company, Managing Member of House Investments Mohawk Investors I, LLC, an
Indiana limited liability company, Member of Gramercy Development Partners, LLC, an Indiana
limited liability company who acknowledged the execution of the foregoing Declaration for and
on behalf of said limited liability company.
Witness my hand and Notarial Seal this V� day of OD 2006.
My Commission Expires:
2� t—
Residing in WIGI,.ir t ov'- Coiuity Vl C�tVi aid S
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STATE OF INDIANA
COUNTY OF MARION
My Commission Expires:
cr v e 1 t2
SS:
Residing inY\M c County
Gramercy Additional Commitments 10-16-06 FINAL
Printed Name
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, Manager of Buckingham Mohawk, LLC, an Indiana limited
liability company, Managing Member of House Investments Mohawk Investors II, LLC, an
Indiana limited liability company, Member of Gramercy Development, LLC, an Indiana limited
liability company who acknowledged the execution of the foregoing Declaration for and on
behalf of said limited liability company.
Witness my hand and Notarial Seal this Al.A day of 0 CADLV 2006.
Public
G-evw\i-Cor Edvvt,- l S
Printed Name
Prepared By: James E. Shinaver, Nelson Frankenberger, 3105 East 98 Street, Suite 170,
Indianapolis, IN 46280.
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. James E. Shinaver
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Exhibit "A" Legal Description
Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18
North,. Range 4 East, in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northwest Comer of the Northeast Quarter of Section 31, Township 18 North,
Range. 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and
along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes
20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89
degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 feet to the
Southwest Comer of said Northeast Quarter; thence South 90 degrees 00 minutes 00 seconds
West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet;
thence North 00 degrees .12 minutes 35 seconds West parallel with the East line of said
Northwest Quarter 2081.30 feet to a point which is 577.50 feet South and 00 degrees 12 minutes
35 seconds East of the North line of said Northwest Quarter, thence South 89 degrees 58 minutes
35 seconds East parallel with the North line of said Northwest Quarter 379.50 feet; thence North
00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter
577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and
along aforesaid North line 280.50 feet to_the Place of Beginning.
ALSO:
Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton
County, Indiana, more particularly described as follows:
Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the
Northwest Corner of the Northwest Corner of the Northeast Quarter of Section 31, Township 18
North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20
seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 660.00 feet
Easterly from the Southwest Comer thereof; thence North 89 degrees 56 minutes 10 seconds
East on and along aforesaid South line 476.85 "feet to the West right of way line of State Road
#431; thence on and along aforesaid West right of way line of said State Road #431 the
following Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet;
thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24
minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds ;vast
46220 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence
Northerly on and along said curve to the left 1,580.57 feet through a central angle of 04 degrees
45 minutes 48 seconds; thence North 38 degrees 59 minutes 10 seconds West 98.58 feet; thence
North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes
20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to
the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West
on and along aforesaid North line 353.27 feet to the Place of Beginning.
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ALSO:
Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows:
Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18
North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West
(assumed bearing) of the Northeast Corner of said Northwest Quarter; thence South 00 degrees
12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet;
thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said
Northwest Quarter 379.50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel
with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South
89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place
of Beginning.
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