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HomeMy WebLinkAboutZ-526-09 Park Place PUD w commitments and Pilot2009042335 ORDINANCE 846 00 07/13/2009 08 46 24A 18 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented ORDINANCE NO Z-526 -09 AS AMENDED Sponsors Councilor Sharp Councilor Rider AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING ORDINANCE Z- 500 -06 AS AMENDED BY ORDINANCE 2-521 08 WHEREAS, pursuant to I C 36 7 1500 et seq the Common Council of the City of Carmel Indiana (the `Council adopted Ordinance Z -500 06 establishing the Park Place Planned Unit Development District (the Park Place Ordinance and WHEREAS, the Council adopted Ordinance Z -521 08, amending Ordinance Z 500 06 by adding Parcels 2 and 3 to the Park Place Ordinance and WHEREAS, Mayflower Communities Inc Mayflower owner of the real estate described in Exhibit A attached hereto has petitioned the Council to amend Ordinance Z 500 06 as amended by Ordinance Z 521 -08, modifying the unit mix contained in Section 5 1(e) of the Park Place Ordinance NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows Section 1 Ordinance Z 500 -06, Section 5 1(e) is amended as follows 5 1(e) There shall be a maximum of 171 independent residential living units 44 assisted living units 18 assisted living memory support units and 30 nursing care units Section 2 All pnor Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed Section 3 This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor Z 526 09 PASSED by the Common Council of the City of Carmel, Indiana, this a n� day of 3 W cJ-- 20 09 by a vote of (.0 ayes and nays ELAN' t nuivt SALES DISCLOSURES Presiding 0 W. Eric Seid In V. Accetturo ATTEST: ATTEST: COMMON COUN FOR THE CITY OF C,' !r �:4 i o sticker, l'resi I ro Tempore o-- P R. E s j r� Ronald E. Carter Diana L. Cordray, IAMC, Clerk Treasur by me -it hc0 Z- 526 -09 Presented t�mc -by the Mayor of the City of Carmel, Indiana, this 3 day of 20 0, at l Q: a.3 P.m. Z- 526 -09 Approved by me, Mayor of the City of Carmel, Indiana, this 4 day of 20 Oct at 10'. A-.M. Diana L. Cordray, IAMC, Clerk- Trea er M EDC GR) YSTONEtiORDINANCE.apd1I 7940 se. Griffiths K vin D. Rider Richard L. Sharp nyder Diana L. Cordray, IAMC, Clerk -Tr dr,t— Brainard, Mayor surer Prepared by: E. Davis Coots, Coots Henke Wheeler, P.C., 255 E. Carmel Drive, Carmel, Indiana 46032 (317) 844 -4693 Final proposal for The Barrington of Carmel PILOT agreement (Mod -1) 1. Prior terms related to payment guarantees shall be as previously discussed. Payment will be secured by a mortgage on the Real Estate subordinated only to the construction financing. 2. The PILOT agreement shall be recorded and run with the land, binding•successors and assigns. 2. Mayflower shall receive a 50% discount on the annual tax load as previously discussed. 3. There will be a $350,000 floor on the annual tax Toad as previously discussed. 4. There will be no ceiling to the annual tax load. 5. The tax load shall be phased in on a year by year basis based on cash flows of the project. During the first year of construction the tax load remains at the current amount (approx.$40,000) During the second year of construction the tax load will be $100,000. -Upon issuance of a Certificate of Substantial Completion by the architect, thru the-period until Stabilized Occupancy is achieved, or 24 months whichever is sooner (Fill Up Period), Mayflower would pay 50% of the floor amount or $175,000. -Upon reaching Stabilized Occupancy or 24 months from issuance of the Certificate of Substan- tial Completion, whichever occurs sooner, Mayflower would pay an amount based on items 2 and 3 above (the previously agreed to 50% discount of the full assessed value). 6. Mayflower retains its right to appeal the assessed value throughout the life of the project. 8. Below is an example of how the above terms would look when applied to an annual timeline. Year 1 Construction starts ($40,000) Year 2 Construction is under way 1$100.000) Year 3 Construction is complete and Certificate of Substantial Completion is issued ($175,000) Year 4 Fill up ($175,000) Year 5 Fill up ($175,000) Year 6 -Fill up ($350,000 or 50% of assessed value whichever is greater) Year 7 Stabilized Occupancy ($350,000 or 50% of assessed value whichever is greater) Year 8 and Beyond Normal Operations ($350,000 or 50% of assessed value whichever is greater) EXHIBIT B Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 8 and beyond AGREEMENT ATTENDANT TO ORDINANCE Z- 526 -09 (Park Place PUD Ordinance Amendment' Mayflower Communities, Inc. "Mayflower successor in interest to Guilford Partners, LLC "Guilford owns real estate in Carmel, Hamilton County, Indiana, the legal description of which is attached hereto as Exhibit "A" (the "Real Estate and has the Common Council of the City of Carmel, Indiana (the "Council to amend Ordinance Z- 500 -06 (the Park Place Planned Unit Development District "Park Place PUD by the adoption of Ordinance Z- 526 -09 modifying the unit mix contained in Section 5.1(e) of the Park Place PUD. Mayflower's, status as a 501(c)(3) charitable corporation may entitle Mayflower to tax exempt status as to the Real Estate described in Exhibit "A" and in the event tax.exempt status is obtained by Mayflower, the City of Carmel and Mayflower agree to enter a "Payment in Lieu of Taxes" agreement "PILOT agreement requiring Mayflower to pay an amount equal to Fi fty Percent (50 of the real estate taxes, adjusted annually as the property value is trended and the tax rate changes; however, except during construction and achieving stabilized occupancy, the payment under the PILOT agreement shall never be Tess than the sum of Three Hundred Fifty Thousand Dollars and No /100 ($350 per year. The PILOT payment will be phased in over a five (5) year period as follows: Construction Starts Construction Construction complete and certificate of substantial completion Occupancy fill -up Occupancy fill -up Occupancy fill -up Year 7 Stabilized occupancy Normal operation S40,000.00 $100,000.00 $175,000.00 5175,000.00 5175,000.00 (50% of applicable tax based on assessed value or $350,000 whichever is greater 5350,000.00 or 50% of the applicable tax based on assessed value, whichever is greater 5350,000.00 or 50% of the applicable tax based on assessed value whichever is greater The PILOT agreement shall be recorded to run with the land and bind Mayflower's successors and assigns. Mayflower's payment obligation created by the PILOT agreement shall be secured by a mortgage on the Real Estate subordinated only to the construction financing in the original amount of the initial cost of the project. Mayflower agrees to cooperate with the City of Cannel to allocate the Real Estate described in Exhibit "A" to the amended 126th Street expansion tax increment financing district as may be necessary. Date: STATE OF NEW HAMPSHIRE SS: COUNTY OF cr a e My Commission Expires: Se r-IR vnl .ai, )O icy My County of Residence: {o cri MAYFLOWER COMMUN1TIES, INC. 4 ,707 (Printed) Its: C2 a.,/ rA (Title) Ai-e Before me, a Notary Public in and for said County and State, personally appeared Mayflower _Communities, Inc. by kY G.,,r4 rrytn�' who acknowledged the execution of the foregoing Agreement and' who, having been duly sworn, stated that any representations therein contained are true. tyri, Arr Ndtary �1n i P rinted Name J)a]d 1 11 :AEDCIGREYSTONElAgnement Attend eel to Ordinance Z- 526 -04 with jurat 3,2.09,w pd CINDY L GRIMARD -DOSS, Wotary Public My Commission Expires Scpterrrber 21, 2010 2 Cross References: (last deed of record) AMENDED COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Sponsors: Councilor Sharp Councilor Rider In accordance with I.C. 36-7-4-1512(a)(3) and 36 -7-4 -615, Mayflower Communities, Inc., successor in interest to Guilford Partners, LLC, an Indiana limited liability company, (hereafter "Mayflower is the owner of real estate located in Carmel, Hamilton County, Indiana, which real estate is described on Exhibit A attached hereto and made a part hereof (hereafter referred to as the "Real Estate and makes the following commitments (hereafter referred to as the "Commitments concerning the use and development of the Real Estate as the Park Place retirement community to the City of Carmel Common Council (hereafter referred to as the "Council for Park Place Planned Unit Development Ordinance. Section 1. Cross Reference. These Commitments are made in connection with approvals obtained under Ordinance No. Z- 500 -06, the Park Place Planned Unit Development Ordinance, approved by the Council on February 19, 2007 (hereafter referred to as the "Park Place PUD Section 2. by reference: assigns. Exhibits. The fol lowing exhibits are attached hereto and incorporated herein Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the Real Estate; and, Section 3. Definitions. Different words and terms are defined throughout these Commitments and the definitions below shall apply throughout these Commitments. 1. Owner. The term "Owner" shall mean and refer to Mayflower and its successors and 2. Story or Stories. The term "Story or Stories" shall mean and refer to that part of the building comprised between the level of one finished floor and the level of the next higher finished floor. Section 4. Commitments. The Owner agrees and commits to the following: 1. That the building to be constructed upon the Real Estate shall not exceed three (3) Stories in height. 2. That the maximum number of independent living units to be constructed upon the Real Estate shall not exceed 171 independent residential living units, 44 assisted living units, 18 assisted living memory support units and 30 nursing care 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 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 Park Place Planned Unit Development District pursuant to Ordinance No. Z- 500 -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 the Park Place PUD Ordinance, Ordinance No. Z- 526 -09, by the Council; and 2. The commencement of the development of the Real Estate in accordance with the assignment of the requested Park Place PUD classification pursuant to Ordinance No. Z- 526 -09, 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. MAYFLOWER COMMUNITIES, INC., successor in interest to Guilford Partners, LLC, an Indiana limited liability company >y: 4A f 0707 -e Jrd./ (Name) C C C/ ere ,dijtaC7OYS (Title) STATE OF NEW HAMPSHIRE SS: COUNTY OF ~(S r4 fare me the undersigned, a Notary Public in and for said gour and State, personally appeared rsciurmnd nrunTr (name)05, .GQa etfike TtItreTon behalfofMayflower Communities, Inc., successor in interest to Guilford 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 day of C Y 2009. My Commission Expires: Residing in r pfd County Prepared By: E. Davis Coots, Coots Henke Wheeler, P.C., 255 E. Carmel Drive, Carmel, IN 46032 I affirm, under the penalties of perjury, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law. E. Davis Coots M:YEDC1GREYSTON EVCvmmitmcnts.rcv.wpd till J fJ. 11/ _J_ •tary ►lic L. 1 m 1,C Printed ame CINDY L GRiMARD -GOSS, Nom Public My Commission Expirss September 21.2010 EXHIBIT "A" LEGAL DESCRIPTION: Parcel I Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36, Township 18 _North. Range 3 East of the Second Principal Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast comer of the West half of the Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter_ thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nail and the true point ofbeginnine of the real estate herein described: thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half the East half of said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1182.5 feet with said East line to a 5/8 inch rebar; thence South 89 degrees 22.minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67 decrees 02 minutes 29 seconds West 244.32 feet to a map nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55.acres, more or less. Subject to all rights-of-way and pertinent easements of record. PETITION TO AMEND ORDINANCE Z-500 -06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT AS AMENDED BY ORDINANCE Z- 52I -08 WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z -289 (the "Carmel /Clay Zoning Ordinance provides for the establishment of a planned unit development district in accordance with the requirements of I.C. 36- 7 -4 -15, et. seq.; and WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council adopted Ordinance Z- 500 -06 on February 19, 2007 "Z- 500 -06 establishing the Park Place Planned Unit Development District (the "Park Place Ordinance for the Real Estate legally described in Exhibit "A" attached hereto; and WHEREAS, the Council is in the process of amending Z- 500 -06 by Ordinance. Z-521-08, which Ordinance adds Parcels 2 and 3 to the Park Place Ordinance, the legal descriptions of which are attached hereto as Exhibit "A -1" (Exhibit "A" and "A -1" together, the "Real Estate and WHEREAS, Mayflower Communities, Inc. "Mayflower the owner of the Real Estate described in Exhibit A and commonly known as the 19.55 acres located along the east side of Guilford Avenue, approximately 636.72 feet north of its intersection with 116th Street, Carmel, Hamilton County, Indiana, and referred to as Parcel 1 in Z- 500 -06; and WHEREAS, Mayflower desires to amend Z- 500 -06 as amended by Ordinance Z- 521 -08 to modify the unit mix contained in Section 5.1(e) of the Park Place Ordinance. NOW, THEREFORE,.Mayflower Communities, Inc., by counsel, requests of the Common Council of the City of Cannel, Indiana, as follows: Section 1. Ordinance Z- 500 -06, Section 5.1(e) is amended as follows: "5.1(e) There shall be a maximum of 171 independent residential living units, 44 assisted living units, 18 assisted living memory support units and 30 nursing care units." Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. E. Davis Coots Coots Henke Wheeler, P.C. 255 E. Carmel Drive Carmel, IN 46032 (3l 7) 844 -4693 dcoots@chwlaw.com chwIaw.com M:IEDOGREYSTONEIPETITION TO AMEND OR DI NANCE.wp417940 Respectfully submitted, MAYFLOWER COMMUNITIES, INC. By: b �V`G�GtC!7 E. Davis Coots, #3367 -29 Its Attorneys 2 EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1 182.55 feet with said East line to a 5/8 inch rebar; thence South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less. Subject to all rights-of-way and pertinent easements of record. Plot 5 EXHIBIT "A -1" LEGAL DESCRIPTION: Parcels 2 and 3 Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning at the Northeast corner of the West Half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds West on and along the North line thereof 66.00 feet; thence South 00 degrees 10 minutes 31 seconds East (assumed bearing) parallel with the East line of the West half of said Southwest Quarter 1988.70 feet to the True Beginning Point of the real estate herein described; thence North 89 degrees 40 minutes 42 seconds East 729.14 feet to a point on the East line of the West half of the East Half of said Southwest Quarter that is 1994.30 feet south 00 degrees 14 minutes 51 seconds east of the North line of said southwest quarter; thence South 00 degrees .14 minutes 51 seconds East on and along the East line of said half Hal fQuarter Section 632.71 feet to the South line of said Southwest Quarter; thence South 89 degrees 21 minutes 50 seconds West on and along said South line :729.96 feet to a point that is 66 feet West of the East line of the West half of said Southwest Quarter; thence north 00 degrees 10 minutes 31 seconds West parallel with said East line 636.72 feet to the True Beginning Point; containing 10.630 acres, more or less. Subject to an Indiana Bell Telephone Company Utility Easement recorded June 6, 1969, in Deed Record 229, page 30; subject to the rights of way for College Avenue (Guilford Road) and 116` Street; subject to all other legal easement and rights of way. PETITION TO MODIFY COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Mayflower Communities, Inc. (hereinafter. "Mayflower successor in interest to Guilford Partners, LLC (hereinafter "Guilford owns real estate in Carmel, Hamilton County, Indiana, the legal description of which is attached hereto as Exhibit "A" (the "Real Estate and petitions the Common Council of the City of Carmel, Indiana (the "Council fo amend certain Commitments Concerning the Use and Development of Real Estate attached hereto as Exhibit "B" executed on or about March 9, 2007. Section 4(2) establishes the maximum number and unit mix of units to be constructed as follows: "That the maximum number of independent living units to be constructed upon the real estate shall not exceed 191, the maximum number of assisted living units to be constructed upon the real estate shall not exceed 20 and the maximum number of nursing care units to be constructed upon the real estate shall not exceed 28." The total number of units contained in the Commitments is 239. Mayflower seeks to amend the Commitments to modify Section 4(2) to provide a maximum number of 171 independent residential living units, 44 assisted living units, 18 assisted living memory support units and 30 nursing care units for a total number of units contained in the Commitments to be 263. All other terms and conditions of the Commitments Concerning the Use and Development of Real Estate not amended by this Petition shall remain in full force and effect and unmodified. E. Davis Coots Coots Henke Wheeler. P.C. 255 E. Carmel Drive Carmel, IN 46032 (317) 844 -4693 dcootsrir).chwlaw.com M: TO MODIFY COMMITMEN S.wndSI7940 Respectfully submitted, MAYFLOWER COMMUNITIES, INC. By: /9„,„ E. Davis Coots_. #3367 -29 Its Attorneys Sponsors: Councilor Sharp Councilor Rider EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 Situate in the State of Indiana. County of Hamilton and being a pan of the Southwest quarter. of Section 36. Township 18 North Range 3 East of the Second. Principal,Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of•the Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate herein described; thence North 89 degrees 39 minute 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes .34 seconds East 1182.55 feet said East line to a 5/8 inch rebar; thence South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less. Subject to all rights -of -way and pertinent easements of record. Cross References: (last deed of record) COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE In accordance with LC. 36 -7-4 -I 512(a)(3)• and 36 -711 --615, Guilford Partners, LLC, an Indiana limited liability company, (hereafter referred to as "Guilford is the owner of real estate located in Carmel, Hamilton County, Indiana, which real estate is described on Exhibit A attached hereto and made a part hereof (hereafter referred to as the "Real Estate''), and makes the following commitments (hereafter referred to as the. Commitments") concerning the use and development of the Real Estate as the Park Place retirement community to the City of Carmel Common Council (hereafter referred to as the "Council for Park Place Planned Unit Development Ordinance. Section.]. Cross Reference. These Commitments are made in connection with approvals obtained under Ordinance No. Z- S00 -06, the Park Place Planned Unit Development Ordinance, approved by the Council on 2007 (hereafter referred to as the "Park.Place FIND Section 2. reference: Exhibits. The following exhibits are attached hereto and incorporated herein by Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the Real Estate; and, Section 3. Definitions. Different words and terns are defined throughout these Commitments and the definitions below shall apply throughout these Commitments. 1. Owner. The term "Owner" shall .mean and refer to Guilford and its successors and assigns. 2. Story or Stories. The term "Story or Stories" shalt mean and refer to that part of the building comprised between the level of one finished floor and the level of the next higher finished floor. EXHIBIT 1 Section 4. Commitments. The Owner agrees and commits to the following: 1. That the building to be constructed upon the Real Estate Gb' ii not exceed three. (3) Stories in height. 2. That the maximum number of independent living units to be constructed upon the Real Estate shall not exceed one hundred and ninety one (191), the maximum number of assisted living units to be constructed upon the Real Estate shall not exceed twenty (20) and the maximum number of nursing care units to be constructed upon the Real Estate shall not exceed twenty eight (28). 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 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 Park Place Planned Unit Development District pursuant to Ordinance No. Z- 500 -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 the Park Place PUD Ordinance, Ordinance No. Z- 500 -06, by the Council; 2. The commencement of the development of the Real Estate in accordance with the assignment of the requested Park Place PUD classification pursuant to Ordinance NO.Z- 500 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. 2 N. WITNESS WHEREOF, the Owner has caused these Commitments to be executed as of the date written below. STATE OF INDIANA COUNTY. OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared (name) (title) on behalf of Guilford 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 My Commission Expires: )SS Residing in County Brcdl wing/ w1b- guilfordwauncil can= imnents02 207 By: Guilford Partners, LLC, an Indiana limited liability company By: (name) (title) Notary Public Printed Name Prepared By: James E. Shinaver, Nelson Frankenberger, 3105 FAst 98 Street, Suite 170, Indianapolis, IN 46280. 1 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 3 day of 2007. CERTIFICATION-OF TIH.I: CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION:OF CREYSTONE COMMUNITIES TO AMEND TEIE PARI( PLACE PUD ORDINANCE PURSUANT TO Ii fDIANA CODE:36 -7-4 -645 ORADIANCE Z- 526 -09 An Ordinance to Arrietfd the Park PlaceaPIaniie `lint- Developrnent:(PLD) Ordinance To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Ivlembers; The Carmel Advisory Plan Commissien:ofers you the following report on the application to the Commission (Docket No 0090032 OA) to amend Ordinance Z- 500 -06: Park Place PUD, order to amend the breakdown of unit types. 'he- site .is .located at the •northeast corner of 116` Street. and Guilfot d Road. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE: At its regularly scheduled••.rneeting on December 16, 2008, the Comrriission voted nine (9) in Favor, zero •(0) Opposed; zero (0) 'Abstaining to forward to the Coriirnon Council. the proposed Ordinance Z...-526-09 with a- Favorable Recommendation, Please be advisedthat by virtue of the' Conirnission 's.Favorable.Recorrimehdation, pursuant to IC 36- 7- 4- 607(e)(3), the Council has ninety -(90) days to act on• this petition before it becomes effective as Ce`rnfied by the Commission. Ninety days from the date of the original Certification (December 19, 2008) is'Thursday, Mara 19, 2009. ona Hancock, ecretary Carmel Advisory .Plan Commission Dated: December 19 2008 2013.1218 OR094032 OA 7- 52[5 -09 PC Ccrtincation d 131