Sec. 43. An agreement signed under section 42 of this chapter must do the following:
(1) Refer to the proceeding before the commission.
(2) Contain a full legal description of the subject property.
(3) Specifically provide for the following:
(A) That the agreement is contingent upon the grant of a variance for or issuance of a certificate of appropriateness concerning the subject property.
(B) That the agreement will be construed strictly against those parties from whom the agreement is required by the commission.
(C) That the agreement, if executed by a party with a legal or equitable interest in the subject property, is intended to create a covenant that:
(i) runs with the subject property; and
(ii) is binding upon the successors to the fee or to an interest in the fee.
(D) That the agreement is intended to benefit and to be enforced by a person who, under this chapter, would be considered an interested party concerning the subject property.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(c).]
As added by P.L.1-1995, SEC.83.
Structure Indiana Code
Article 7. Planning and Development
Chapter 11.2. Meridian Street Preservation
36-7-11.2-1. Purpose of Chapter
36-7-11.2-2. "Bordering Property" Defined
36-7-11.2-3. "Commission" Defined
36-7-11.2-4. "Department of Metropolitan Development" Defined
36-7-11.2-5. "Development Commission" Defined
36-7-11.2-7. "Interested Party" Defined
36-7-11.2-8. "Meridian Street" Defined
36-7-11.2-9. "Meridian Street Property" Defined
36-7-11.2-10. "Neighborhood Association" Defined
36-7-11.2-11. "Notice" Defined
36-7-11.2-12. "Occupant" Defined
36-7-11.2-14. "Person" Defined
36-7-11.2-15. "Single Family or Double Family Residential Dwellings" Defined
36-7-11.2-16. "Society" Defined
36-7-11.2-17. "Subject Property" Defined
36-7-11.2-18. Establishment of Commission
36-7-11.2-19. Number of Members of Commission
36-7-11.2-20. Appointment of Architect and Professional City Planner
36-7-11.2-23. Holding Over Membership Upon Expiration of Member's Term
36-7-11.2-24. Death or Resignation of Member
36-7-11.2-25. Service Without Compensation
36-7-11.2-27. Adoption of Rules
36-7-11.2-28. Filing and Records
36-7-11.2-29. Alternate Persons on Whom Notice May Be Served
36-7-11.2-30. Attorney for Commission
36-7-11.2-31. Regular Meetings
36-7-11.2-32. Special Meetings
36-7-11.2-33. Continuance of Matters on Docket
36-7-11.2-34. Evidence Required
36-7-11.2-36. Reasons for Disqualification of Members From Voting on Matters; Abstention of Member
36-7-11.2-37. Private Deliberations
36-7-11.2-38. Written Final Orders
36-7-11.2-39. Temporary Orders
36-7-11.2-40. Proposed Temporary or Final Orders
36-7-11.2-41. Action Based on Verbal Assurances or Unwritten Agreements
36-7-11.2-42. Written Agreement Required
36-7-11.2-43. Requirements of Written Agreement
36-7-11.2-44. Filing of Agreement
36-7-11.2-45. Voting on Agreement
36-7-11.2-46. Amended Agreement
36-7-11.2-47. Abrogation of Agreement
36-7-11.2-48. Minutes of Meetings
36-7-11.2-50. Acceptance of Money for Administration
36-7-11.2-51. Approval for Zoning Variance
36-7-11.2-52. Conditions to Be Met Before Petition Approval
36-7-11.2-53. Prohibited Results of Variance or Ordinance
36-7-11.2-54. Notice of Filing of Petition; Referral to Commission; Reconsideration
36-7-11.2-55. Provisions Inapplicable to Considerations of Rezoning Matters; Procedures
36-7-11.2-56. Requirements of Petition for Zoning Variance or for Subject Property
36-7-11.2-58. Notice of Petition for New or Amended Zoning Ordinance
36-7-11.2-59. Prohibited New or Altered Structures on Meridian Street
36-7-11.2-60. Subdivision of Meridian Street Property
36-7-11.2-62. Restrictions on Owners and Occupants of Meridian Street or Bordering Property
36-7-11.2-63. Private Right of Action With Respect to Meridian Street or Bordering Property