Indiana § 36-7-11.3-37 Provisions in agreement

Indiana Statutes

§ 36-7-11.3-37 — Provisions in agreement

Indiana § 36-7-11.3-37

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 11.3Municipal Preservation

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Bluebook

Ind. Code § 36-7-11.3-37 (2026).

Text

An agreement signed under section 36 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 an 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

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An agreement signed under section 36 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 an
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).]