HomeMy WebLinkAboutCommitment Amendment COMMITMENT AMENDMENT
Petition to modify Commitments made in the approval
a Development Standards Variance by the Carmel Board of Zoning Appeals
APPROVAL APPLICATION
Fee: $1,030.00
Date: September 9, 2005
Docket No.:
· Name of Owner: Phone No.: (317) 713-6054
KRG Hamilton Crossing, LLC Fax No.' (317) 580-4855
c/o Paul G. Reis, Attorney for KGR Hamilton Crossing, LLC
Owner's Address:
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
Record of Ownership: Instrument No.' 200400059877
Date of Purchase: August 19, 2004
· Legal Description (Use additional page[s] if necessary):
See attached legal description contained in Exhibit "A."
· Common Address of Property Involved (or General Description if no Address Exists):
Southeast corner of 126th Street and U.S. Highway 31
· Detailed Description of the Modification of Commitments requested:
Owner seeks an amendment to the March 22, 1999, Variance Commitment By
Owner, (Instrument Number 9909919383), made upon the granting of Variance
V-55-98 and Variance V-56-98, which relate to signage in the retail center
commonly known as Hamilton Crossing East. Specifically, Owner seeks an
amendment to allow one of its tenants in Building "B," Chase Bank, to install a
wall sign facing Pennsylvania Street, (which has been approved by the Carmel
Plan Commission), although the bank will occupy less than 4,500 square feet of
leased space. The Variance Commitment By Owner requires any amendment to
such commitment be made by the Board of Zoning Appeals.
AFFIDAVIT
I, being duly sworn, depose and say that I am the attorney for KRG Hamilton Crossing, LLC, the owner of
Fifty Percent (50%) or more of the property involved in this application and that the foregoing signature,
statements, and answers herein contained and the information herewith submitted are in all respects true
and correct to the best of my knowledge and belief.
Signature/"
Paul G. Reis, Esq.
Attorney for KRG Hamilton Crossing, LLC
DREWRY SIMMONS VORNEHM, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
State of Indiana )
) SS:
County of Marion )
Before me the undersigned, a Notary Public for Marion County, State of Indiana, personally appeared Paul
G. Reis, Attorne.~ for KRG Hamilton Crossing, LLC, and acknowledged the execution of the foregoing
instrument this c]~-- day of September, 2005.
(Signature)
(Printed or typed)
My Commission Expires'
Resident of Marion County, Indiana
EXHIBIT
PAGE 1 OF
A LAND BOUNDARY'DES'CRW1/ON OF THE
Rm Am CENTE AT
}tAMILTON CROSSING EAST
HAMILTON COUNTY, INDIANA
MARCH 11, 1999
A part of the Southwest Quarter of S~ztion 26 and a par~ of the Northwest Quamr of
Section 35, both in Township 18 North, Range 3'Ea~ Hamilton County, Indiana, described as
follows: BEGINNING at a point on thc proposed west 45 foot Hght-of-way line of Pennsylvania
Street, said point being South $9 degrees 51 minutes 1! seconds West 45.00 feet from the
nort. h~ comer of the Northwest Qua~er of said Section 35: thence South 00 degrees 07 minutes
31 seconds East 695.72 feet along said proposed 45 foot right-of-way line to a point on the north
line of the Schahct Hotel parcel; thence North 90 degrees 00 minutes 00 seconds We. st 294.09
feet along said north line to the east line of the parc~l known at the Restaurant parcel; thence
North 00 degrees 00 minutes 00 second's East 6.47 feet along said east line to the northeast comer
of said Rest. au.mt pm'ecl; thence North 90 degrees 00 minutes 00 seconds W¢~t 254.69 feet along
the north line of said Restaurant parcel to the ~st fight-of-way line of U:S. 31; thence North. 00
degrees 03 minutes 57 seconds West g$9.70 feet along said east ri-ght-of-way line to the south
right-of-way line of I26~ street; thence North g9 degrees 54 minutes 47 seconds East 537.69 feet
along said south fight-of-way line to the proposed west 45 foot fight-of-way linc of PermsyI~a
Street; thence SOuth 00 degrees 10 minutes 07 seconds East 201.26 f¢~t along said proposed 4.5
foot right-of-way line to the point of beginning and containing 11.042 acres, more or less. The
b~rings in this description are based upon the east line of the Nor'~hwest Quartcr of' S~ction 35'
having a b~-lng of south 00 degrees 07 minutes 31 seconds Ea~.
EXHIBIT A
PAGE 1 OF 1
[it~-~AsR~~~'R0m~S~ 5 ~79~ES C~i/doc ' ..
.Prepared by Woolpert LLP
3/11/99 9:40 AM
VARIANCE COMMITMENT BY OWNER
In accordance with Indiana Code Section 36-7-4-92t, Duke Realty Limited
Partnership, an Indiana limited partnership (hereinafter the "Owner"), the Owner of the
following described Real Estate located in Hamilton County, Indiana (hereinafter the "Real
Estate"), makes the following COMMITMENTS concerning the use and development of the
Real Estate to the Carmel/Clay Board of Zoning Appeals (hereinafter the "Board").
.
Description of Real Estate'
See Exhibit....A.. ("Real Estate")
2. Docket No.'s:
V-55-98 & V-56-98
9909919383
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 03-31-1999 At 03:52 pa,
VARIANCE 15.00
,
Statement of Commitments:
.relating to the Real Estate:
Owner makes the following commitments
ao
Two of the ground center identification signs approved by variance
docket number V-55-98, the one on 126th Street and the one on
Pennsylvania Street, shall be limited in size to the Ground Sign "B"
Elevation as depicted on Exhibit B.
b.
All tenants occupying less than 4,500 square feet in Building "B" or
Building "C" shall not be permitted a wall sign facing. Pennsylvania
Street.
4. Binding on Successors and Assigns. These Commitments are binding on
the Owner of the Real Estate, each subsequent owner of the Real Estate and each other
person acquiring an interest in the Real Estate, unless modified or terminated by the
Board. These Commitments may be modified orterminated only by a decision ofthe board
made at a public hearing after notice as provided by the rules of the Board.
5. Effective Date. The Commitments contained herein shall be effective upon
granting of Variance V-55-98 and Variance V~56-98 by the Board.
6. Recording. The undersigned hereby authorizes the Director of Community
Development, or the Secretary of the Carmel/Clay Board of Zoning Appeals, to record
these commitments in the office of the Recorder of Hamilton County, Indiana, upon the
granting of the variances referred to in paragraph 5 above.
7. Enforcement. These commitments may be enforced by the Carmel/Clay
Board of Zoning Appeals.
::ODMC.~/IHODMA~,NO 1 ;26960;1
IN WITNESS WHEREOF, Owner has executed this instrument this
March, lg99.
.o
DUKE REALTY LIMITED PARTNERSHIP,
an Indiana limited partnership
day of
BY:
DUKE REALTY INVESTMENT, INC.,
an Indiana corporation, its general partner
By:
i~arell E. Zin
Executive Vice Pre/si~f~
STATE OF INDIANA
COUNTY OF MARION
)
) SS:
)
Before me, a Notary Public in and for said County and State, personally appeared
Darell E. Zink, Jr., by me known and by me known to be the Executive Vice President of
Duke Realty Investments, who acknowledged the execution of the foregoing "Variance
Commitment by Owner" on behalf of said corporation.
Witness my hand and Notadal Seal this ~.2. r~ day of March, 1999.
My Commission Expires'
N o/ta ry Public
Printed Signature
My County of Residence:
::ODMAWIHODMA~IO 1 ;26960; 1
EXHIBIT A
PAGE 1 OF 1
A LAND BOUNDA~Y'DBSCRIFTION OF THE
RETAIL CENTEK AT
HAMILTON CROSSING EAST
HAMILTON COUNTY, INDIANA
MA CH 11, 1999
A part of the Southwest Quarter of Section 26 and a part of the Northwest Quarter of
Section 35, both in Township 18 North, Range 3'East, Hamilton County, Indiana, described as
follows: BEGINNING at a point on the proposed west 45 foot fight-of-way line of Pennsylvania
Sweet, said point being South 89 degrees 51 minutes II seconds West 45.00 feet from the
northeast comer of the Northwest Quarter of said Section 35: thence South 00 degrees 07 minutes
31 seconds East 695.72 feet along said proposed 45 foot right-of-way line to a point on. the north
line of the Schahet Hotel parcel; thence North 90 degrees 00 minutes 00 seconds West 284.09
feet along said north line to the east line of the parcel known at the Restaurant parcel; thence
North 00 degrees 00 minutes 00 second's East 6.47 feet along said east tine to the northeast comer
of said Restaurant parcel; thence North 90 degrees 00 minutes 00 seconds West 254.69 feet along
the north line of said Restaurant parcel to the east right-of-way line of U.S. 3 l; thence North 00
degrees 03 minutes 57 seconds West 889.70 feet along said east right-of-way line to the south
right-of-way line of I26~ street; thence North 89 degrees 54 minutes 47 seconds East 537.69 feet
along said south right-of-way line to the proposed west 45 foot right-of-way line of Pennsylvania
Street; thence South 00 degrees 10 minutes 07 seconds East 201.26 feet along said proposed 45
foot right-of-way line to the point of beginning and containing 11.042 acres, more or less. The
bearings in this description are based upon the east line of the Norfiawest Quarter of Section 35-
having a bearing of South 00 degrees 07 minutes 31 seconds East.
EXHIBIT A
PAGE 1 OF 1
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Cross Reference: Inst.//9909919383
AMENDMENT OF
VARIANCE COMMITMENT BY OWNER
In accordance with Indiana Code Section 36-7-4-921, KRG Hamilton Crossing, LLC, an
Indiana limited liability company (hereinafter the "Owner"), the Owner of the following
described Real Estate located in Hamilton County, Indiana (hereinafter the "Real Estate"),
hereby amends certain commitments, (the "Commitments"), concerning the use and development
of the Real Estate made to the Carmel Board of Zoning Appeals (hereinafter the "Board") and
recorded as Instrument No. 9909919383 in the Office of the Recorder of Hamilton County
Indiana, as follows:
o
Description of Real Estate:
See Exhibit A
2. Docket No.: 0509 CA
3. Statement of Amended Commitment:
commitment relating to the Real Estate:
Owner makes the following amended
ao
All tenants occupying less than 4,500 square feet in Building "B" or
Building "C" shall not be permitted a wall sign facing Pennsylvania Street,
without an architectural design, exterior lighting, landscaping and signage
(ADLS), submittal and the approval of the proposed wall sign and the
ADLS application by the Carmel Plan Commission.
4. Binding on Successor and Assigns. The Commitments, as amended herein, are
binding on the Owner of the Real Estate, each subsequent owner of the Real Estate and each
other person acquiring an interest in the Real Estate, unless modified or terminated by the Board.
The Commitments, as amended by this instrument, may be modified or terminated only by a
decision of the Board made at a public hearing after notice as provided by the rules of the Board.
5. Effective Date. The Commitments, as amended herein, shall be effective upon the
approval of the Commitment Amendment, (Docket No. 0509~ CA) by the Board.
6. Recording. The undersigned hereby authorizes the Director of Community
Services for the City of Carmel, or the Secretary of the Carmel Board of Zoning Appeals, to
record this Commitment Amendment in the Office of the Recorder of Hamilton County, Indiana,
upon the approval of the Commitment Amendment referred to in paragraph 5 above.
7. Enforcement. These commitments may be enforced by the Carmel Board of
Zoning Appeals.
IN WITNESS WHEREOF, Owner has executed this insmunent this
.,2005.
day of
KRG HAMILTON CROSSING, LLC,
an Indiana limited liability company
BY:
Printed Name
STATE OF INDIANA
COUNTY OF MARION
)
) SS:
)
Title
Before me, a Notary Public in and for said County and State, personally appeared
, by me known and by me known to be the
of , who acknowledged the execution of the foregoing
"Amendment of Variance Commitment by Owner" on behalf of said entity.
Witness my hand and Notarial Seal this~
day of ,2005
Notary Public
Printed Signature
My Commission Expires:
My County of Residence:
This instrument prepared by Paul G. Reis, Attomey at Law, 8888 Keystone Crossing,
Suite 1200, Indianapolis, IN 46240.
J: ... ~Kite lHamilton CrossinglCommitment Amendment. Doc
EXHIBIT A
·
PAGE 1 OF 1
A LAND BOUNDARY'DESCRIPTION OF THE
RETAIL CENTER AT
}{AMILTON CROSSING EAST
HAMILTON COUNTY, INDIANA
MARCH 11, 1999
A part of the Southwest Quarter of Section 2(5 and a part of the Northwest Quarter of
Section 35, both in Township 18 North, Range 3'East, Hamilton County, Indiana, described as
follows: BEGINNING at a point on the proposed wes~ 45 foot right-of-way line of Pennsylvania
Street, said point being South $9 degrees 51 minutes 11 seconds West 45.00 feet from the
north~ comer of the Northwest Quarter of said Section 35: thence South 00 degrees 07 minutes
31 seconds East 695.72 feet along said proposed 45 foot right-of-way line to a point on the north
line of the Schahet Hotel parcel; thence North 90 degrees 00 minutes 00 seconds West 284.09
feet along said north line to the east line of the parcel known at the Restaurant parcel; thence
North 00 degrees 00 minutes 00 second's East 6.47 feet along said ea~ line to the northemst comer
of said Restaurant parcel; thence North 90 degrees 00 minutes 00 seconds West 254.69 feet along
the north line of said Restaurant parcel to the east right-of-way line of U~S. 31; thence North 00
degrees 03 minutes 57 seeonc~ West 889.70 feet along said east right-of-way line to the south
fight-of-way line of I26'~ street; thence North 89 degrees 54 minutes 47 seconds East 537.69 feet
along said south fight-of-way line to the proposed we, t 45 foot fight-of-way line of Pennsylvania
Street; thence South 00 degrees l0 minutes 07 seconds East 201.26 fezt along said proposed 45
foot right-of-way line to the point of beginning and containing 11.042 acres, more or less. The
bearings in this description are based upon the ea~ line of the Northwest Quarter of Section 35'
having a beating of South 00 degrees 07 minutes 31 seconds East.
EXHIBIT A
PAGE 1 OF .1
\klNDY'~S RVL~S VkPROJE CTS'55879~ESCkretail. doc
Prepared by Woolpert LLP
31--i1199 9:40 AM
Proposed Program following approval of Commitment Amendment
FI'FTH AMENDED
STGN PROGRAM FOR
HAMTLTON CROSSI'NG
RETA'rL COMMERCZAL AREA
All permanent business signs erected within the Hamilton Crossing retail commercial
area shall conform to this Sign Program and to the Wall Sign Criteria for Hamilton
Crossing which is incorporated herein by reference.
I. IDENTIFICATION SIGNS
Al
There will be three (3) free standing signs to identify the total Hamilton
Crossing retail commercial area.
B.
Identification Sign A may contain a maximum of approximately 150 square
feet of sign surface area and will be located near US 31 and 126m Street.
[dentification Sign A is intended to be used to identi~ the Hamilton
Crossing retail commercial area to traffic on US 31.
Ct
Identification Sign B may consist of a maximum of approximately 20
square feet of sign surface area and will be located near the corner of
:L26t~ Street and Pennsylvania Street. Tdentification Sign B is intended to
be used to identify the Hamilton Crossing retail commercial area to traffic
on 126t~ Street.
D!
Identification Sign C may consist of a maximum of approximately 20
square feet of sign surface area and will be located near the south
entrance on Pennsylvania Street. Identification Sign C is intended to be
used to identify the Hamilton Crossing retail commercial area to traffic on
Pennsylvania Street.
II. TENANT SIGN REQUIREMENTS
A.
All Tenant signs shall consist of individual dimensional and internally
lighted letters and may include Iogos, hallmarks or other trade
identification, and product and service summary signs. All signs shall have
1/8" plastic faces and shall project not more than eight inches (8'~ beyond
the building wall or facia unless mounted on a raceway as hereinafter
allowed.
B.
All signage must be manufactured and installed in accordance with
Underwriters Laboratory Rules and Regulations and shall carry a UL
authorized label visible from the ground.
FIFTH AMENDED SIGN PROGRAM
HAMILTON CROSSING RETAIL COMMERCIAL AREA
Page 2
III,
Ci
Raceways shall be used only on masonry walls or facades and shall be
painted to match the wall or facade.
Bi
El
Flashing, blinking, rotating, moving, animated or audible type signs are
not permitted.
For all Non-AnChor Tenants.
The wall signs permitted in ^. above shall be no more than four (4) feet in
height for non-anchor Tenants. The length of such signs shall be
proportionate to the letter height but shall not exceed 80% of the width of
the storefront. The maximum size sign shall be seventy-five (75) square
feet. If an end Tenant of Building "B" is permitted more sign area on one
of its storefronts than it is on another of its storefronts, the tenant, with
Landlord approval, may deduct sign surface area from one storefront (the
larger sign area) and add it to the other storefront (the small sign area).
All tenants occupying less than 4,500 square feet shall not be permitted a
wall sign facing Pennsylvania Street without the mrior aD.~mroval of the
Carmel Plan Commission.
Fi
For All Anchor Tenants:
The wall signs permitted in A. above shall be no more than six (6) feet in
height for anchor tenants (defined as a tenant occupying more than
30,000 square feet). The length of such signs shall be proportionate to
the letter height, but shall not exceed 70% of the width of the storefront.
Signs for anchor tenants shall not exceed 130 square feet of sign surface
for the U.S. Highway 31 fa(sade and shall not exceed 75 square feet of
sign surface area for the Pennsylvania Street facade.
OTHER SIGNS PERMI1-FED
Al
All signs affixed to the glass of the tenant space shall be individual printed
letters, silkscreen letters or similar type letters or as otherwise approved
by the Landlord and such letters shall be no more than six (6) inches in
height.
Bi
One non-customer door for receiving merchandise may have the name of
the tenant in two inch (2'~ block letters.
CJ
Private traffic directional signs for directing traffic movement onto or
within the retail commercial area, not exceeding three (3) square feet in
area for each sign, shall be permitted.
FIFTH AMENDED SIGN PROGRAM
HAMILTON CROSSING RETAIL COMMERCIAL AREA
Page 3
IV, RESPONSIBILITY FOR SIGN
Am
Landlord, using a graphic artist of Landlord's choosing, shall review the
design of all signs and shall specify color, size, location and placement of
letters.
Bm
Tenant shall lawfully erect any sign at its own risk and expense, including
tenants' final electrical connection to Landlord provided supply if available.
Cm
Tenant shall secure all necessary permits from the City of Carmel and pay
all fees associated with the sign permits. Landlord shall do the same for
the center identification signs.
Dm
Tenant shall maintain all their signs in good repair at all times.
Em
Upon vacating their space, tenant shall remove all signs and repair all
damage caused by such removal.
WARNING: Landlord shall have NO RESPONSIBILITY WHATSOEVER for any cost,
expense or loss arising out of or in connection with orders for or construction,
fabrication or refabrication of signs, whether or not in conformity with this Sign
Program. A permit for erection of desired signage, otherwise in conformity with this
Sign Program and approved by Landlord, must first be obtained from the City of
Carmel.