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HomeMy WebLinkAboutLandscape Buffer: Memo of Understanding 1 t,o7 / I-IIGI-IF'0INTF MERIDIAN Memorandum of Understanding May 31,2013 This Memorandum of Understanding represents the agreement of: Brad Cisco, as the representative of The Parks at Springmill Homeowners Association; Peter Ten Eyck and Jim Hennessey, owners of real estate located immediately adjacent to the Highpointe on Meridian Planned Unit Development District; and Mr.John C.Hart,Jr.,President of J.C.Hart Company, Inc.,as a representative of the ownership and development team for the Highpointe On Meridian project. The Planned Unit Development Ordinance governing the development of the Highpointe on Meridian project provides for the following perimeter landscaping adjacent to the Park Meadow neighborhood. In the first fifty(50)feet of the Real Estate east of the property line adjacent to the single family residential subdivision currently known as "The Parks at Springmill", the existing vegetation and trees will be preserved and in those areas where existing vegetation is either absent, diseased, dead or containing invasive species, the existing vegetation will be supplemented by either one (1) row or two (2) rows of Norway Green Spruce evergreen trees, twenty (20) feet on center with staggered spacing,as necessary to fill the gaps. A perimeter landscape plan has been prepared and filed with the Carmel Plan Commission which includes the planting of new trees in the fifty (50) foot bufferyard adjacent to the Park Meadow neighborhood. Messrs. Cisco, Hennessey and Ten Eyck have expressed concern about the proposed perimeter landscaping. Mr.Hart and Larry Hemp,the project landscape architect,believe that the landscape plan as submitted fulfills the obligations set forth in the Planned Unit Development Ordinance to preserve the existing vegetation and trees and to supplement the existing vegetation and trees as necessary to fill any gaps. All of the parties agreed that any agreement to plant additional trees beyond those shown on the perimeter landscape plan will be dependent upon and subject to a variety of factors; including, but not limited to the existing trees, vegetation and underbrush, soil conditions and adequate space within the bufferyard to allow any additional tree to grow and thrive consistent with the provisions of the Planned Unit Development Ordinance. The landscape provisions of the Planned Unit Development Ordinance were drafted in consultation Daren Mindham, the Urban Forester for the City of Carmel, to require tree planting with spacing of at least 20 feet on center to ensure that there would be adequate space for any new tree to grow and thrive to the greatest extent possible. It was agreed that Larry Hemp will act as a liaison between Messrs. Cisco, Hennessey and Ten Eyck and the Highpointe On Meridian development team to inspect the bufferyard and to ME.Rlf�lnk Memorandum of Understanding May 31,2013 Page 2 discuss the possibility of planting up to 20% more trees in the bufferyard immediately adjacent to the Park Meadow neighborhood. Larry and the representatives will arrange for a mutually convenient time to: "walk the property"; mark the location of the trees to be planted per the perimeter landscape plan; review the removal of underbrush and diseased, dead and invasive plants and discuss the feasibility of planting any additional trees. Following the site visit, the parties will meet to discuss where additional trees should be planted in the bufferyard, in light of the Highpointe on Meridian development team's agreement for the planting of additional trees; up to 20% above the twenty (20) trees shown to be planted in the bufferyard bordering the Park Meadow neighborhood on the landscape plan submitted for approval by the Carmel Plan Commission. In the spirit of cooperation and in consideration of the parties' agreement to act in good faith, Messrs. Cisco, Hennessey and Ten Eyck will not object to the approval of the proposed landscape plan by the Carmel Plan Commission as is relates to the perimeter landscaping adjacent to the Park Meadow neighborhood. This Memorandum may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart will be deemed to be an original. Provided that all such counterparts will together constitute one and the same Memorandum. Receipt of an executed signature page to this Memorandum by facsimile or other electronic transmission will constitute effective delivery thereof. An electronic copy of this fully executed Memorandum maintained by any party will be deemed to be original. Accepted and approved: Parks at Springmill Homeowners Association J.C.Hart Company,In -- �. By: By: John C.Hart,Jr.,President Brad Cisco, President Peter Ten Eyck Frank Reagan Jim Hennessey 1<0_S 095944 4.docx "Z=7' Memorandum of Understanding May 31,2013 Page 2 discuss the possibility of planting up to 20% more trees in the bufferyard immediately adjacent to the Park Meadow neighborhood. Larry and the representatives will arrange for a mutually convenient time to: "walk the property"; mark the location of the trees to be planted per the perimeter landscape plan; review the removal of underbrush and diseased, dead and invasive plants and discuss the feasibility of planting any additional trees. Following the site visit, the parties will meet to discuss where additional trees should be planted in the bufferyard, in light of the Highpointe on Meridian development team's agreement for the planting of additional trees; up to 20% above the twenty (20) trees shown to be planted in the bufferyard bordering the Park Meadow neighborhood on the landscape plan submitted for approval by the Carmel Plan Commission. In the spirit of cooperation and in consideration of the parties' agreement to act in good faith, Messrs. Cisco, Hennessey and Ten Eyck will not object to the approval of the proposed landscape plan by the Carmel Plan Commission as is relates to the perimeter landscaping adjacent to the Park Meadow neighborhood. This Memorandum may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart will be deemed to be an original. Provided that all such counterparts will together constitute one and the same Memorandum. Receipt of an executed signature page to this Memorandum by facsimile or other electronic transmission will constitute effective delivery thereof. An electronic copy of this fully executed Memorandum maintained by any party will be deemed to be original. Accepted and approved: • Parks at Springmill Homeowners Association J.C.Hart Company,Inc. By: By: John C.Hart,Jr.,President Brad/ isco, esident lel A, Pete Ten Eyck Frank Reagan Jim Hennessey KD 5095944 4.docx t'F' ifi Memorandum of understanding May 31,2013 rage 2 discuss the possibility of planting up to 20% more trees in the bufferyard immediately adjacent to the Park Meadow neighborhood. Larry and the representatives will arrange for a mutually convenient time to: "walk the property'; mark the location of the trees to be planted per the perimeter landscape plan; review the removal of underbrush and diseased, dead and invasive plants and discuss the feasibility of planting any additional trees. l"ollotving the site visit, the parties will meet to discuss where additional trees should be planted in the bufferyard,in light of the itighpointe on Meridian development team's agreement for the planting of additional trees;up to 20%above the twenty (20) trees shown to be planted in the bufferyard bordering the Park Meadow neighborhood on the landscape plan submitted for approval by the Cannel Plan Commission. In the spirit of cooperation and in consideration of the parties' agreement to act in good faith, Messrs. Cisco, Hennessey and Ten Eyck will not object to the approval of the proposed landscape plan by the Cannel Plan Commission as is relates to the perimeter landscaping adjacent to the Park Meadow neighborhood. This Memorandum may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart will he deemed to be an original. Provided that all such counterparts will together constitute one and the same Memorandum. Receipt of an executed signature page to this Memorandum by facsimile or other electronic transmission will constitute effective delivery thereof. An electronic copy of this fully executed Memorandum maintained by any party will be deemed to he original. Accepted and approved: Parks at Springnaill Homcowners.Association J.C.Hart Company,Inc. 2. r.- 13y. I? --- � � r� John C.Hart,Jr.,President } - 1'Irad Cisco,President M Peter Ten Eyck Frank . I .." in Hen lessey' v Hn_s04598A a.rtncx HIGI IPO,NI I: fli MERIDIAN Memorandum of Understanding May 31,2013 Page 2 discuss the possibility of planting up to 20% more trees in the bufferyard immediately adjacent to the Park Meadow neighborhood. Larry and the representatives will arrange for a mutually convenient time to: "walk the property"; mark the location of the trees to be planted per the perimeter landscape plan; review the removal of underbrush and diseased, dead and invasive plants and discuss the feasibility of planting any additional trees. Following the site visit, the parties will meet to discuss where additional trees should be planted in the bufferyard, in light of the Highpointe on Meridian development team's agreement for the planting of additional trees; up to 20% above the twenty (20) trees shown to be planted in the bufferyard bordering the Park Meadow neighborhood on the landscape plan submitted for approval by the Carmel Plan Commission. In the spirit of cooperation and in consideration of the parties' agreement to act in good faith, Messrs. Cisco, Hennessey and Ten Eyck will not object to the approval of the proposed landscape plan by the Carmel Plan Commission as is relates to the perimeter landscaping adjacent to the Park Meadow neighborhood. This Memorandum may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart will be deemed to be an original. Provided that all such counterparts will together constitute one and the same Memorandum. Receipt of an executed signature page to this Memorandum by facsimile or other electronic transmission will constitute effective delivery thereof. An electronic copy of this fully executed Memorandum maintained by any party will be deemed to be original. Accepted and approved: Parks at Springmill Homeowners Association J.C.Hart Company,Inc. By: By: John C.Hart,Jr.,President Brad Cisco,President r Peter Ten Eyck Frank Reag n Jim Hennessey KD_5095944_4.docx