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HomeMy WebLinkAboutCommitments e . ,. BD MICHIGAN ROAD DEVELOPMENT, LLC COMMITMENTS ATTENDANT TO DOCKET NO. 04070033DP/ADLS: ST. VINCENT MEDICAL OFFICE BUILDING DEVELOPMENT PLAN AND ADLS Conditioned on Plan Commission approval of Docket No. 04070033DP/ADLS (St. Vincent Medical Office Building), the Petitioner BD Michigan Road Development, LLC sets forth to the following commitments to be made as part of the Development Plan and ADLS Approval. In addition to the commitments contained in the Application and Plans and Specifications submitted in support of the Application, Petitioner commits to the following: 1. Outdoor construction activity (including construction related noise) shall be limited to 7:00 a.m. to 7:00 p.m., and shall not be permitted on Sundays or Thanksgiving Day, Christmas Day or New Year's Day ("Holidays"). Hours of outdoor construction on Saturdays and the day after the three (3) Holidays defined above shall be 8:00 a.m. to 7:00 p.m. 2. Construction traffic shall not utilize any street in the Weston Place subdivision, including Monitor Lane. 3. Outdoor wall-mounted lights along the east side of the building shall be limited to safety-related lights above the doors, as required by code. 4. The property shall not be a destination for ambulances on emergency runs. 5. Any "immediate care" or "urgent care" use shall be restricted to the first floor only. The entrance for any future immediate or urgent care shall be limited to the main entrance on the north elevation. 6. A contact person of the general contractor should be provided to the Weston Homeowners Association and to each adjoining property owner for their infonnation for any necessary communications during construction. 7. These commitments are binding on the owner of the real estate and each subsequent owner of the real estate and persons acquiring interest in the real estate following approval of the pending applications unless the commitments are modified or terminated by the governmental authority authorized to make such modification. 8. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon granting of the approval of the applications. 904700 e e 9. These commitments may be enforced by the City of Carmel, Indiana Planning Commission. Executed this ~day of October, 2004. BD MICHIGAN ROAD DEVELOPMENT, LLC By: 904700 2 - ,.,..-- - . e STATE OF INDIANA ) _ )SS: COUNTY OF rlt/~ ) I /",..., Before me, a Notary Public in and for said County and State, personally appeared Glenn E. Hoge and acknowledged the execution of the foregoing by and on behalf of BD Michigan Road Development, LLC. h#- Witness my hand and Notarial Seal, the ~ day of October, 2004. hhAULJ ~~~ l%tary Public - Signature . St;( h /Ln /e T. reuS CA Notar Public - PrInted /// ---... -, ~ My Commission Expires: My County of Residence: flti/:L il ;2tJ{) 1 ... ~ S1VHANIB t TEUSCH NOTARYPtJBU .. IANA M.t\lUON COUNTY MY COMMISSION EXP. APIt 11,2009 This instrument prepared by Mary E. Solada, Attorney at Law. Bingham McHale LLP, 2700 Market Tower, 1 0 West Market Street, Indianapolis, Indiana 46204-2982. 904700 3