HomeMy WebLinkAboutD-2093-12 Gramercy Amendments2013001131 ORDINANCE $35.00
01/07/2013 10:46 :28A 12 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
IIlII I I IIII I I III VIII illll illii VIII VIII illll 11111 VIII VIII illl IIII
ORDINANCE D- 2093 -12
AS AMENDED
SPONSOR(S): Councilor Sharp
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, AUTHORIZING AN AMENDMENT
TO COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL
ESTATE
WHEREAS, the Common Council of the City of Carmel, Indiana (the "City ") previously
approved that certain Commitments Concerning the Use and Development of Real Estate (the
"Commitments "), dated as of August 21, 2006, and executed by Mohawk Associates, LLC, an
Indiana limited liability company ( "MA "), and Gramercy Development Partners, LLC, an
Indiana limited liability company ( "GDP "), which Commitments were recorded in the Office of
the Recorder of Hamilton County, Indiana as Instrument No. 200600050623; and
WHEREAS, MA, GDP and Mohawk Housing Partners, LLC, and Indiana limited
liability company ( "MHP ") (MA, GDP and MHP shall hereinafter be collectively referred to as
"Buckingham ") desire to amend the Commitments to delete commitment numbered 7 contained
in Section 4 of the Commitments, which currently provides That prior to completion of
construction of the last residential unit on the Real Estate permitted under the Gramercy PUD,
the Owner shall have completed the demolition of all apartment buildings currently located on
the Real Estate as of the date of this Commitments "; and
WHEREAS, Section 5 of the Commitments provide that "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 "; and
WHEREAS, the City desires to permit the amendment of the Commitments by
Buckingham to delete commitment numbered 7 contained in Section 4 of the Commitments.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, THAT:
SECTION 1. The City hereby agrees to peiniit the amendment of the Commitments
to allow commitment numbered 7 contained in Section 4 of the Commitments to be deleted.
SECTION 2. The deletion of commitment numbered 7 contained in Section 4 of the
Commitments is contingent upon the execution by Buckingham and the recording in the Office
of the Recorder of Hamilton County, Indiana of a new commitment that shall state as follows:
A. "For purpose of this commitment, "Total Renovation" shall mean the addition of new
buildings and the renovation of existing apartment buildings that results in a material change of
the architectural style of the exterior of the existing building pursuant to an approved
Development Plan and ADLS approval. The total of all costs of Total Renovation, including all
costs, and new construction on the Real Estate shall be equal to or greater than fifty percent (50 %)
of the total assessed value of the existing structures on the Real Estate that undergo Total
Renovation. Nothing in this commitment shall be construed as prohibiting the Owner from
actions consistent with the rights provided in Section 2 of the Gramercy PUD related to any
portion of any existing improvement on the Real Estate. The provisions of this commitment
shall only apply to Total Renovation."
B. Owner shall not apply for any permit that would allow, or install or construct, a curb
cut onto East Auman Drive.
C. The requirement for vehicular access to Keystone Parkway or Carmel Drive as set
forth in Section 4.1 (A)(1.) of the Gramercy PUD is stated and incorporated herein by reference.
D. Not more than twenty (20) detached single family dwellings and accessory uses
thereto, including a model home and home occupations, shall be permitted along and adjacent to
the western boundary of the Real Estate between the right -of -way for 126th Street and the
existing northwestern most apartment building located near the western boundary of the Real
Estate as of the date of this Commitment. In addition, such single family dwellings shall (i) not
have more than two stories of living area above grade (not including attic space), (ii) be oriented
in such a way that the front of the dwelling face the west towards East Auman Drive, (iii) not
exceed a height of twenty -four (24) feet from the lot ground level to the deck line of a mansard
roof, to the highest point of the roof for a flat roof, and to the ridges for gable, hip and gambrel
roofs, (iv) be no closer than fifteen (15) feet to the nearest single family dwelling to the north and
south, and (v) have an initial sales price, including lot and home, that exceeds not less than one
hundred ten percent (110%) of the average assessed value of the twenty -five (25) lots that front
East Auman Drive along the portion that is adjacent to the western boundary of the Real
Estate. The northernmost of these twenty -five lots is commonly known as 724 East Auman
Drive and the southernmost lot is commonly known as 1048 East Auman Drive. The assessed
value used for purposes of this Commitment shall be the total assessed value for each lot,
including the land and all improvements, according to the most current assessment on file in the
office of the Assessor of Hamilton County, Indiana as of the date of this Commitment.
E. Perimeter landscaping along the entire western boundary of the Real Estate shall meet
the requirements of Bufferyard D as provided in Section 26.04.06 of the City of Carmel Zoning
Ordinance in effect as of the date of this Commitment; provided, however, that evergreen trees
shall be substituted in lieu of shrubbery on a 1:3 basis (1 conifer equals three shrubs).
F. Between the northwest corner of the Real Estate and a point along the northern
perimeter of the Real Estate that is the western terminus of the western most entrance into the
Real Estate from 126th Street, the minimum required front yard depth and setback for any new
building or structure along 126th Street shall be the established and existing front yards for the
current dwellings located at 411, 421 and 431 E. 126th Street, such that the setback for the new
structures is in line with the setback for the existing dwellings, regardless of differences in width
of right -of -way for 126th street.
SECTION 3. Except for the amendment permitted in SECTIONS 1 and 2 of this
Ordinance, no other amendments or modifications to the Commitments are permitted pursuant to
this Ordinance.
SECTION 4. This Ordinance shall be effective upon its passage by the Council and
approval by the Mayor of the City, in accordance with Indiana Code 36 -4 -6 et seq.
-2-
ADOPTED by the Common Council of the City of Carmel, Indiana this day of
2012, by a vote of `7 ayes and 0 nays.
COMl 'IV COUNCIL FOR THE CITY : F CARMEL
residing O ic= r
Kevin D. Rider
ident Pro Tempore Carol Schleif U
Ronald E. Carter
A T
ST:
Diana L. Cordray, IAMC, Clerk-Treasurer
W. Eric S- densticker
alw uci der
Presented by me to the Mayor of the City of Carmel, Indiana this day of OJJ.06.4,CE+
2012 at 9:00 p M
Diana L. Cordray, IAMC, Cler reasurer
Approved by me, Mayor of the City of Carmel, Indiana, this (.o day of l —.U.
2012, at °t :00 P.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- r asurer
Prepared by: Timothy E. Ochs, Esq.
Ice Miller, LLP
Cross Reference: Instrument No. 200600050623
First Amendment To
Commitments Concerning the Use
and Development of Real Estate
WHEREAS Mohawk Associates, LLC, an Indiana limited liability company ( "MA "),
Gramercy Development Partners, LLC, an Indiana limited liability company f/k/a Mohawk
Housing Partners, LLC, an Indiana limited liability company ( "GDP ") (MA and GDP shall
hereinafter be jointly referred to as "Owner ") executed that certain Commitments Concerning the
Use and Development of Real Estate (the "Commitments"), dated as of August 21, 2006, and
recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument No.
200600050623; and
WHEREAS Section 5 of the Commitments provide that "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 "; and
WHEREAS, the Common Council of the City of Cannel, Indiana, at its public hearing
on August 6, 2012, adopted Ordinance D- 2093 -12 as Amended, An Ordinance of the Common
Council of the City of Cannel, Indiana Authorizing an Amendment to Commitments Concerning
the Use and Development of Real Estate (the "Ordinance "), which authorized certain
amendments the Commitments; and
WHEREAS, with the adoption of the Ordinance, Owner now desires to execute this First
Amendment to Commitments Concerning the Use and Development of Real Estate ( "First
Amendment ") to amend the Commitments as provided herein.
NOW, THEREFORE, in consideration of the forgoing, Owner does hereby amend the
Commitments as follows:
1. Commitment numbered 7 contained in Section 4 of the Commitments is hereby
deleted in its entirety, and replaced with the following:
7. A. For purpose of this commitment, "Total Renovation" shall mean the
addition of new buildings and the renovation of existing apartment buildings that
results in a material change of the architectural style of the exterior of the existing
building pursuant to an approved Development Plan and ADLS approval. The
total of all costs of Total Renovation, including all costs, and new construction on
the Real Estate shall be equal to or greater than fifty percent (50 %) of the total
assessed value of the existing structures on the Real Estate that undergo Total
Renovation. Nothing in this commitment shall be construed as prohibiting the
Owner from actions consistent with the rights provided in Section 2 of the
Gramercy PUD related to any portion of any existing improvement on the Real
Estate. The provisions of this commitment shall only apply to Total Renovation.
1/2909437.2
B. Owner shall not apply for any permit that would allow, or install or construct,
a curb cut onto East Auman Drive.
C. The requirement for vehicular access to Keystone Parkway or Carmel Drive as
set forth in Section 4.1 (A)(1.) of the Gramercy PUD is stated and incorporated
herein by reference.
D. Not more than twenty (20) detached single family dwellings and accessory
uses thereto, including a model home and home occupations, shall be permitted
along and adjacent to the western boundary of the Real Estate between the right -
of -way for 126th Street and the existing northwestern most apartment building
located near the western boundary of the Real Estate as of the date of this
Commitment. In addition, such single family dwellings shall (i) not have more
than two stories of living area above grade (not including attic space), (ii) be
oriented in such a way that the front of the dwelling face the west towards East
Auman Drive, (iii) not exceed a height of twenty -four (24) feet from the lot
ground level to the deck line of a mansard roof, to the highest point of the roof for
a flat roof, and to the ridges for gable, hip and gambrel roofs, (iv) be no closer
than fifteen (15) feet to the nearest single family dwelling to the north and south,
and (v) have an initial sales price, including lot and home, that exceeds not less
than one hundred ten percent (110 %) of the average assessed value of the twenty -
five (25) lots that front East Auman Drive along the portion that is adjacent to the
western boundary of the Real Estate. The northernmost of these twenty -five lots
is commonly known as 724 East Auman Drive and the southernmost lot is
commonly known as 1048 East Auman Drive. The assessed value used for
purposes of this Commitment shall be the total assessed value for each lot,
including the land and all improvements, according to the most current
assessment on file in the office of the Assessor of Hamilton County, Indiana as of
the date of this Commitment.
E. Perimeter landscaping along the entire western boundary of the Real Estate
shall meet the requirements of Bufferyard D as provided in Section 26.04.06 of
the City of Carmel Zoning Ordinance in effect as of the date of this Commitment;
provided, however, that evergreen trees shall be substituted in lieu of shrubbery
on a 1:3 basis (1 conifer equals three shrubs).
F. Between the northwest corner of the Real Estate and a point along the northern
perimeter of the Real Estate that is the western terminus of the western most
entrance into the Real Estate from 126th Street, the minimum required front yard
depth and setback for any new building or structure along 126th Street shall be the
established and existing front yards for the current dwellings located at 411, 421
and 431 E. 126th Street, such that the setback for the new structures is in line with
the setback for the existing dwellings, regardless of differences in width of right -
of -way for 126th street.
-2-
2. Capitalized tens used in this Amendment shall have the same meaning as
defined in the Commitments unless specifically provided for otherwise herein.
3. Except as modified herein, the Commitments shall remain in full force and effect.
[This space has been intentionally left blank.]
IN WITNESS WHEREOF, Owner has executed this instrument on the2 U day of
(-Poi ,2012.
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, 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, who
acknowledged the execution of the foregoing instrument for and on behalf of said limited
liability company.
Witness my hand and Notarial Seal this
My Commission Expires:
Susan LWillfan
lIc - Indiana
County of Marion
f xpires: Jan. 2, 2016
1 11\' .
Signature
Printed
day of (-(,a/71 , 2012.
Gramercy Development Partners, LLC, an Indiana limited liability
company
By: House Investments — Mohawk Investors I, LLC, an Indiana limited
liability company, Member
By: Buckingham Mohawk, LLC, an Indiana limited liability
company, Managing Member
By:
Bradley B. Chambers, Manager
By: House hlvestments Capital Markets V, LLC, an Indiana
limited liability comp. ' , anaging Member
Bv:
AND
By: House Investments — Mohawk Investors II, LLC, an Indiana
limited liability company, Member
By: Buckingham Mohawk, LLC, an Indiana limited liability
company, Managing Member
Bra ley B. Chambers, Manager
By.
By: House Investments Capital Markets V, LLC, an Indiana
limited liability com many, Managing Member
By:
•
/4"
�. ` rranager
U�cs�ci
• 61[,5 us
STATE OF INDIANA
) SS:
COUNTY OF MARION
Before me, 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 instrument for and on
behalf of said limited liability company.
Witness my hand and Notarial Seal this d° day of
My Commission Expires:
Signature
Susan A. Williams
Nota Public - Indiana Printed
County of Marion
f R qme Expires: Jan. 2, 2016
STATE OF INDIANA
) SS:
COUNTY OF MARION
(J7 n l
, 2012.
Before me, 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 Partners, LLC, an Indiana limited
liability company, who acknowledged the execution of the foregoing instrument for and on
behalf of said limited liability company.
Witness my hand and Notarial Seal thi 0 day of Q (Pr✓1 , 2012.
My Commission Expires:
Susan A. Williams
- Indiana
County of Marion
Expires: Jan. 2, 2016
Signature
Printed
STATE OF INDIANA )
) SS:
COUNTY OF - ,1\on )
Before me, a Notary Public in and for said County and State, personally appeared R, 0o41 5�„r,�,
Manager of House Investments capital Markets V, 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 instrument for and
on behalf of said limited liability company.
Witness my hand and Notarial Seal this day of ���j , 201 z.
My Commission Expires:
County of Residence:
Signature � A
Printed
TIFFANY L. CARR
NOTARY PUBLIC - OFFICIAL SEAL
State of Indiana, Hamilton County
My Comm. Expires July 11, 2019
STATE OF INDIANA )
SS:
COUNTY OF , )
Before me, a Notary Public in and for said County and State, personally appeared P ' L lyl ✓���"�
Mirtixerfrtmites, Manager of House Investments capital Markets V, LLC, an Indiana limited
liability company, Managing Member of House Investments — Mohawk Investors 1I, LLC, an
Indiana limited liability company, Member of Gramercy Development Partners, LLC, an Indiana
limited liability company, who acknowledged the execution of the foregoing instrument for and
on behalf of said limited liability company.
Witness my hand and Notarial Seal this
My Commission Expires:
County of Residence:
day of �c.,ANuta,s\.� , 291, .
Signature
Printed
TIFFANY L. CARR
NOTARY PUBLIC - OFFICIAL SEAL
State of Indiana, Hamilton County
My Comm. Expires July 11, 2019
This instrument was prepared by and after recording should be returned to Aaron B. Aft,
Attorney at Law, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282,
(317) 236 2217.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Aaron B. Aft