HomeMy WebLinkAboutCommitments, signedCOMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
SAW Development, LLC, being the owner of the real estate located in Hamilton County, Indiana,
and described in Exhibit "A" (the "Real Estate "), makes the following Commitments (the
"Commitments ") concerning the use and development of the Real Estate to the Carmel Clay Plan
Commission (the "Commission ") of the City of Carmel, Indiana (the "City ").
Section 1. Attachments.
Exhibit "A ". Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description
of the Real Estate.
Exhibit "B ". Attached hereto and incorporated herein by reference as Exhibit "B" is the cost estimate
provided by the Developer for the Maximum Road Improvements and the Minimum Road Improvements
(further defined below).
Section 2. Cross Reference.
These Commitments are made in connection with approval obtained or being obtained under Docket
Numbers 89 -03PP ( #03120003); 05010041 SP; and 07030034 SP for the development known as
Kendallwood (the "Development ").
Section 3. Definitions.
Different words and terms are defined throughout these Commitments and, further, the following
definitions shall apply throughout these Commitments:
1. Developer shall mean SAW Development, LLC, owner of the Real Estate.
2. Maximum Road Improvements shall mean and refer to the installation of (i) a median break and
left turn lane in the median; and (ii) installation of the following on the northern half of 121 st
Street and the western half of Sbelborne road along the segments of these roadways contiguous
with the Real Estate:
a. 24 -feet of mainline pavement per City Specifications based on the classification of the
roadway
b. City Standard Type II Curb and Gutter
c. City Standard 10 -foot wide asphalt multi -use path in accordance with the City's
Alternative Transportation Plan.
Page 1 of 4
3. Minimum Road Improvements shall mean and refer to the following:
a. Installation of approximately 802 -feet of City Standard 10 -foot wide asphalt multi -use
path.
b. Installation of 6 -feet of pavement adjacent to the existing northern pavement edge of
121 st Street from a point 350 -feet from the centerline of Shelborne Road to the western
limit of the Real Estate contiguous with 121st Street (resulting in approximately 360 -
Square Yards of additional pavement) in accordance with City Standards for perimeter
roadway widening.
c. Installation of 550 -feet of City standards gravel shoulder with sub - surface drain
immediately adjacent to the widening described in Item 3 (b) of Section 3 of these
Commitments.
d. Install approximately 565 -feet of wooden guardrail per the approved Construction Plans
for the Development.
e. Demolition of a portion of existing path to avoid a storm drainage manhole casting.
Section 4. Commitments.
The Developer agrees and commits to do one of the following three options:
1. Construct the Maximum Road Improvements; or
2. Pay a cash contribution to the City equal to the value to otherwise construct the Maximum Road
Improvements (valued at $239,165.58 per Exhibit `B "); or
Construct the Minimum Road Improvements (valued at $61,115.33 per Exhibit "B ") and pay a
cash contribution to the City equal to $13,250.25. The value of the cash contribution considers the
value of the Right -of -Way previously dedicated by the Developer as part of the Shelborne Road
Improvement Project (valued by the City in 2009 to be $164,800.00). Any Maximum Road
Improvements installed by the Developer shall be credited against the cash contribution of
$13,250.25 provided that the Improvements are inspected and accepted by the City and the value
of such Improvements is accepted by the City.
Section 5. Binding on Successors.
These Commitments are binding upon the Developer and inure to the benefit of the Developer's heirs,
administrators, successors and assigns.
Section 6. Termination of Commitments
These Commitments may be modified or terminated only by a decision of the Commission made at a
public hearing after notice as provided by the Rules of the Commission. The provisions of the last
sentence notwithstanding, these Commitments shall terminate when all conditions of this Commitment
are satisfied.
Section 7. Effective Date.
These Commitments shall be effective as of the date on which the last party hereto executes same.
Page 2 of 4
Section 8. Recording.
Developer agrees to record these Commitments in the Office of the Hamilton County Recorder and to
provide to City with a recorded copy of same within ten (10) business days from the effective date of
these Commitments. In the event these Commitments are not timely recorded by the Developer, the
Developer agrees and consents to City recording same, at the Developers sole cost and expense.
Section 9. Certification
The persons executing these Commitments represent and warrant that they are authorized to enter into
and execute these Commitments for and on behalf of the party that they represent.
Section 10. Enforcement.
These Commitments and the enforceability of these Commitments shall be governed by and construed in
accordance with the Laws of the State of Indiana, in effect as of the effective date of these Commitments.
Section 11. Use of Funds
Upon receipt of payment associated with the terms of these Commitments, the City shall deposit such
funds into the Non - Reverting Thoroughfare Development Fund in accordance with Section §2 -126 of the
City Code and shall utilize the funds as allowed by Section §2 -126 of the City Code.
Page 3 of 4
IN WITNESS WHEREOF, SAW Development, LLC, has caused these Commitments to be
executed this 12t" day of August, 2013.
(Developer) (Developer)
By: � By:
Printed: Printed:
�'T ✓� �a. ems, L���
Title: Title:
NOTARY CERTIFICATION
STATE OF INDIANA
) SS:
COUNTY OF AADI )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared and , who acknowledged the execution of
the foregoing Committments, and who, having been duly sworn, stated that the representations
therein contained are true.
WITNESS my hand and Notarial Seal this 12th day of August, 2013.
My Commission Expires: �}•
County of Residence: 1
Page 4 of
�fJ Q d
Notary Signature
Notary Printed Name
EXHIBIT "A"
Being a part of the Northeast Quarter of Section 31, Township 18 North, Range 3 East, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Beginning at the Southeast corner of said Quarter Section; thence South 89 degrees 43 minutes 59
seconds West along the South line of said Quarter Section 874.50 feet; thence North 00 degrees 05
minutes 12 seconds East 600.00 feet; then North 89 degrees 43 minutes 59 seconds East 874.50 feet to
a point on the East line of said Quarter Section; thence South 00 degrees 05 minutes 12 seconds West
along the East line of said Quarter Section 600.00 feet to the place of beginning, containing 12.045
acres, more or less, subject to all legal highways, rights -of -way, easements and restrictions of record.
Exhibit "B"
Maximum Road Improvements
Quantity Unit
Unit Cost
Total Cost
24 -feet Mainline Pavement
3932 SY
$ 36.94
$
145,248.08
Chairback Curb and Gutter
1474 LF
$ 9.50
$
14,003.00
Asphalt Path
1554 SY
$ 19.25
$
29,914.50
Median Break and Approach
1 LS
$ 50,000.00
$
50,000.00
Subtotal
$
239,965.58
Minimum Road Improvements
Quantity Unit
Unit Cost
Total Cost
121 st Street Widening
360 SY
$ 38.60
$
13,896.00
Edge Milling for Widening
244 SY
$ 19.47
$
4,750.68
Stone Shoulder w /SSD
550 LF
$ 8.48
$
4,664.00
Striping
1 LS
$ 1,700.00
$
1,700.00
8 -foot Asphalt Path
891 SY
$ 19.25
$
17,151.75
Guardrail
565 LF
$ 32.66
$
18,452.90
Demolition
1 LS
$ 500.00
$
500.00
Subtotal
$
69,995.33
Page 1 of 1