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HomeMy WebLinkAboutCommitments, Draft3. Statement of Commitments a) The Owner commits that the building to be constructea on tH Real Estate and identified on Exhibit a hereto as Building I shall not exceed 110,300 square feet in size. b) The Owner commits that the building to be constructed on the Real Estate and identified on Exhibit B hereto as Building 2 shall not exceed 15,120 square feet in size. c) The Owner commits that except for Building 1 and Building 2 no other buildings shall be constructed on the Real Estate. 07 111,V11hie of assurance, in letter form, that the Owner has or has not complied with these commitments. building identified on Exhibit B as Building 1 extending below the brick will not be visible from the ground floor elevation thq existing residential homes abutting the Real Estate. The Director of the Department of Community Development, Carmel, Indiana'. shall, when requested by the Owner, give written 4... Binding on Successors and Assigns This commitment is binding'on the Owner of the Real Estate, each subsequent owner of the Real-Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. This Commitment may be modified or terminated only by a decision of thelCommission made at a public hearing after notice as provid4d by the rules of the Commission. 5.'. Effective Date The Commitment contained herein shall be effect`I'V'eupont WeFpproval of the Special Use Application by the Carmel Board of Zoning Appeals filed under Docket No. SU"85-09 and the approval of the Site Development Plan/ADLS Application by the Carmel Plan Commission filed under Docket No. 61'89-PP/ADLS. 6. Recordin% The undersigned hereby authoriges the Direct; of Com unity Development or the Secretary of the Carmel Plan Commission to record this Commitment in the Office of the Recorder of Hamilton County, Indiana upon'the granting of the approvals referred to in paragraph 5 above. 7. Enforcement This Commitment may be enforced by the Carmel Plan Commission and the City of Carmel, In4ian Executed this 27th day of November, 1989. FLYNN ZINKAN RF TY COMPANY BY: Stepien P. W17fi-k-in