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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Eclipse Real Estate, Inc. (the "Developer") makes the following Commitments to the
Carmel Clay Plan Commission (the "Commission") regarding the use and development of the
following described real estate (the "Real Estate") located in Hamilton County, Indiana:
Section 1.
Description of Real Estate:
See Exhibit A attached hereto.
Section 2.
Docket No.: 04060033 DP/ADLS
Section 3.
Statement of Commitments:
A. Fencine/Bufferine:
1. The Developer agrees to install a decorative fence on the Real Estate along the
north and east property lines of the Real Estate.
2. The fence shall be qonstructed in accordance with Exhibit B attached hereto and
shall be at least as high as the existing fence located on the Maples of Carmel
property along the north and east sides of the Real Estate. Fence height for the
proposed fence shall be measured at the proposed fence's highest point.
3. The fence shall be constructed at the time the Real Estate is redeveloped.
4. At the written request of the Maples of Carmel Property Owners Association, as
long as the request is received within six (6) months after the effective date of
these Commitments, the Developer agrees to remove the existing fencing along
the north and east property lines of the Real Estate, located on the Maples of
Carmel property. The Developer agrees to remove the existing fence at the
Developer's expense.
5. The wooden portions of the fence shown in Exhibit B shall be double-paneled so
as to create a double thickness of wood fencing between each masonry fence
pylon.
6. The Developer shall install 8' Colorado Spruce trees along the north and east
sides of the fence to be installed in accordance with paragraph A.I. above. Such
trees shall be planted at approximately 20' on center and may be located on The
Maples of Carmel property. In the event any adjacent Maples of Carmel property
owner (Owner) does not desire such trees to be planted between Owner's property
and the Real Estate, no trees shall be installed at such location(s). Any trees
installed on Owners' property shall be owned and maintained by said Owners.
Trees to be installed under this paragraph shall be installed during the
development period of the site (i.e., the period during which development and
building construction actiyities are taking place on the Real Estate). After the
development period has expired, no additional tree installations shall be required
under this paragraph.
B. Hours of Operation:
1. The Developer agrees to limit the hours of operation of the retail uses on the Real
Estate. Retail. uses shall be permitted to be open for business after 6:00 a.m. and
until 10:00 p.m. each day.
2. The Developer agrees to limit the times during which deliveries to the uses on the
Real Estate may occur. Deliveries shall be permitted after 6:00 a.m. and until
10:00 p.m. each day.
3. The Developer agrees to limit the times during which trash pickup on the Real
Estate may occur. Trash pickup shall be permitted after 6:00 a.m. and until 10:00
p.m. each day.
Section 4.
Binding Effect
A.
These Commitments are binding upon the Developer, each subsequent owner of
the Real Estate and each other person acquiring an interest in the Real Estate,
unless modified or terminated.
B.
These Commitments may be modified or terminated only by a decision of the
Carmel City Council following a public hearing held by the Carmel Plan
Commission wherein notice has been given as provided by the Plan
Commission's rules.
Section 5.
Effective Date
The Commitments contained herein shall be effective upon approval of Eclipse Real
Estate's development plan (DP) and architectural design, lighting and signage (ADLS)
proposals by the Carmel Plan Commission, identified as Carmel Docket No. 04060033
DP/ADLS and any other necessary approvals.
Section 6.
Recording
The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to
record these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Section 7.
Enforcement
These Commitments may be enforced by the Carmel-Clay Plan Commission, the City
Council of Carmel, Indiana and the Maples of Carmel Homeowners Association.
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IN WITNESS WHEREOF, Eclipse Real Estate, Inc., an Indiana corporation, has caused this
Commitment to be executed as of the day of , 2004.
Eclipse Real Estate, Inc.
By:
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared , of Eclipse Real Estate, Inc., who having been duly sworn
acknowledged the execution of the foregoing Commitments.
Witness my hand and Notarial Seal this
day of
, 2004.
My Commission Expires:
Notary Public
Printed
Residing in
County
Prepared by: Steven D. Hardin, Attorney at Law, Bingham McHale, LLP, 970 Logan Street,
Noblesville, IN 46060, (317) 776-8650.
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EXHIBIT A
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton
County, Indiana, more particularly described as follows:
Beginning at a point on the South line of said 1;4 Section; distant 1263.95 feet, measured
South 89 degrees 50 minutes 55 seconds West along said South line from the Southeast
corner of said ~ Section; running thence South 89 degrees 50 minutes 55 seconds West
and along said South line 325.0 feet to the center line of New State Road No. 431; thence
North 0 degree 15 minutes 05 seconds West and along said center line 39.10 feet to the
P.C. of a curve to the right, said curve having a radius of 19098.91 feet and a delta angle
of 5 degrees 35 minutes 30 seconds; thence northerly along said curve and along the
center line of said Road 250.90 feet; thence North 89 degrees 50 minutes 55 seconds East
parallel with the South line of said 1;4 Section 323.85 feet; thence South 0 degree 09
minutes 05 seconds East 290.00 feet to the point of beginning.
(Instrument #9809812751)
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EXHIBIT B
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