STATEMENT OF COMMITMENTS

COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE

MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN APPROVAL

In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-614, the owner of the real estate located in Marion County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of that parcel of real estate:

Legal Description: (see attached)

Statement of COMMITMENTS:

1.	The owner agrees to abide by the Open Occupancy and Equal Employment Opportunity Commitments required by Metropolitan Development Commission Resolution No. 85-R-69, 1985, which commitments are attached hereto and incorporated herein by reference as Attachment "A".

2.	A 60-foot half right-of-way from the centerline shall be dedicated along the east side of Cooper Road to the Indianapolis Department of Public Works (“DPW”).
3.	A turn lane shall be installed along the east side of Cooper Road. Said turn lane shall be installed in accordance with the standards and specifications of the DPW.
4.	Trees within the north 400 feet of the real estate shall be entirely preserved, except as may be required by utility providers, until such time in the future when development within the north 400 feet of the real estate may be undertaken. A tree preservation plan for the north 400 feet of the real estate shall be submitted for Administrator’s approval, prior to obtaining an Improvement Location Permit for development within the north 400 feet of the real estate.
5.	In the event that a church proposes a secondary residential use in the future, the associated site plan shall be submitted to the Crooked Creek Community Council for review, not less than fourteen (14) days prior to obtaining an Improvement Location Permit.
6.	Petitioner shall coordinate storm water plans with the DPW prior to land alteration activity.
7.	A uniformed traffic guard shall be placed at a Cooper Road entrance / exit at peak Sunday traffic times to direct traffic, if deemed necessary by the church.

MDC’s Exhibit B - - page 1

These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein; provided that Commitment #1 (Open Occupancy and Equal Opportunity Commitments) shall not be binding on an owner, subsequent owners or other person acquiring an interest therein if such persons are exempt persons or are engaged in an exempt activity as defined on Attachment "A" which is attached hereto and incorporated herein by reference. These COMMITMENTS may be modified or terminated by a decision of the Metropolitan Development Commission made at a public hearing after proper notice has been given.

COMMITMENTS contained in this instrument shall be effective upon:

(a) the adoption of rezoning petition # 2002-ZON-184 by the City-County Council changing the zoning classification of the real estate from an SU-10 zoning classification to an SU-1 zoning classification; or

(b) the adoption of approval petition # by the Metropolitan Development Commission;

and shall continue in effect for as long as the above-described parcel of real estate remains zoned to the SU-1 zoning classification or until such other time as may be specified herein.

These COMMITMENTS may be enforced jointly or severally by:

1. The Metropolitan Development Commission;

2. Owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships, but not exceeding six-hundred-sixty (660) feet from the perimeter of the real estate, and all owners of real estate within the area included in the petition who were not petitioners for the rezoning or approval. Owners of real estate entirely located outside Marion County are not included, however. The identity of owners shall be determined from the records in the offices of the various Township Assessors of Marion County which list the current owners of record. (This paragraph defines the category of persons entitled to receive personal notice of the rezoning or approval under the rules in force at the time the commitment was made);

3. Any person who is aggrieved by a violation of either of the Commitments contained in Commitment #1 (Open Occupancy and Equal Employment Opportunity Commitments); and

4.

The undersigned hereby authorizes the Division of Planning of the Department of Metropolitan Development to record this Commitment in the office of the Recorder of Marion County, Indiana, upon final approval of petition 2002-ZON-184.

MDC’s Exhibit B - - page 2

IN WITNESS WHEREOF, owner has executed this instrument this ___________ day of __________________, 2003.

EASTERN STAR MISSIONARY BAPTIST CHURCH, INC.

By:

Printed:

Title:

STATE OF INDIANA )

) SS:

COUNTY OF MARION )

Before me, a Notary Public in and for said County and State, personally appeared ______________________________ , owner(s) of the real estate who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true.

Witness my hand and Notarial Seal this
	day of	, 20	03
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:

This instrument was prepared by Mary E. Solada, Esq.

ATTACHMENT "A"

OPEN OCCUPANCY AND EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT

(a.) The owner commits that he shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, handicap or sex in the sale, rental, lease or sublease, including negotiations for the sale, rental, lease or sublease, of the real estate or any portion thereof, including, but not limited to:

(1) any building, structure, apartment, single room or suite of rooms or other portion of a building, occupied as or designed or intended for occupancy as living quarters by one or more families or a single individual;

(2) any building, structure or portion thereof, or any improved or unimproved land utilized or designed or intended for utilization, for business, commercial, industrial or agricultural purposes;

(3) any vacant or unimproved land offered for sale or lease for any purpose whatsoever.

(b.) The owner commits that in the development, sale, rental or other disposition of the real estate or any portion thereof, neither he nor any person engaged by him to develop, sell, rent or otherwise dispose of the real estate, or portion thereof shall discriminate against any employee or applicant for employment, employed or to be employed in the development, sale, rental or other disposition of the real estate, or portion thereof with respect to hire, tenure, conditions or privileges of employment because of race, color, religion, ancestry, national origin, handicap or sex.

EXEMPT PERSONS AND EXEMPT ACTIVITIES

An exempt person shall mean the following:

1. With respect to commitments (a) and (b) above:

(a) any not-for-profit corporation or association organized exclusively for fraternal or religious purposes;

(b) any school, educational, charitable or religious institution owned or conducted by, or affiliated with, a church or religious institution;

(c) any exclusively social club, corporation or association that is not organized for profit and is not in fact open to the general public;

provided that no such entity shall be exempt with respect to a housing facility owned and operated by it if such a housing facility is open to the general public;

2. With respect to commitment b, a person who employs fewer than six (6) employees within Marion County.

An exempt activity with respect only to commitment (a) shall mean the renting of rooms in a boarding house or rooming house or single-family residential unit; provided, however, the owner of the building unit actually maintains and occupies a unit or room in the building as his residence, and, at the time of the rental the owner intends to continue to so occupy the unit or room therein for an indefinite period subsequent to the rental.