Indiana Code 36-7-11.2-43. Requirements of written agreement
(1) Refer to the proceeding before the commission.
Terms Used In Indiana Code 36-7-11.2-43
- commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- interested party: means the following:
Indiana Code 36-7-11.2-7
- person: means an individual, a corporation, a partnership, an association, a trust, a governmental body or agency, or other entity, public or private, capable of entering into an enforceable contract. See Indiana Code 36-7-11.2-14
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- subject property: means Meridian Street or bordering property or existing or proposed construction on the property:
Indiana Code 36-7-11.2-17
(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.