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Amended and Restated Declaration of Covenants and Easements Parcels 5 & 10
oa - -- t 2014038939 AMENDMENT $111.00 Vk 09/03/2014 03:58:49P 45 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented FFoC���_„ Cross References 11111II1111IIIII11111111ll1101lllll11111lllll111111111llilllllllfill �U The Declaration of Covenants and Easements superseded in its entirety by this Amended and Restated Declaration of Covenants and Easements is recorded as Instrument Number 200200025737 in the Office of the Hamilton County Recorder. The Cross Easement Agreement superseded in its entirety by this Amended and Restated Declaration of Covenants and Easements is recorded as Instrument Number 2007058835 in the Office of the Hamilton County Recorder(as amended by Instruments Numbered 2013073698 and 2014638134I ). The Parcel 10 Deeds with respect to which certain maintenance and contribution obligations are released by this Amended and Restated Declaration of Covenants and Easements are recorded as Instruments Numbered 200200025739 and 200400005235 in the Office of the Hamilton County Recorder. The Parcel 10 Easement Documents being amended contemporaneously with this Amended and Restated Declaration of Covenants and Easement are recorded as Instruments Numbered 200200025741 (as amended by Instruments Numbered 200400005237, 2007058836, and 2014062RS1. ) and 200200025742 (as amended by Instruments Numbered 200400005238,2007058837,and 2014032° )in the Office of the Hamilton County Recorder. • AMENDED AND RESTATED DECLARATION OF COVENANTS AND EASEMENTS This Amended, nd Re tated Declaration of Covenants and Easements (the "Declaration"), executed this 20 day of u ,,as-r, 2014, by The City of Carmel Redevelopment Commission (the "CRC"), Carmel City Cenr, LLC ("CCC"), and CCC Nash, LLC ("CCC Nash"), Witnesses: rat u a Recitals f s WHEREAS;"CRC, as the "Declarant", executed the Original Declaration; WHEREAS, .until replaced and superseded with this Declaration, the Original Declaration applied with respect to all of Parcel 10 and what is approximately the eastern half of Parcel 5; r- 1.,„) WHEREAS, CRC, CCC, BJS, LLC,and SOM, LLC, executed the Cross Easement Agreein:ent; WHEREAS, The Cross Easement applies with respect to the entirety of the Real - Estate; WHEREAS,The Cross Easement was intended to amend the Original Declaration, but, because it is not entirely clear as to the extent of the intended amendment, confusion has resulted; WHEREAS,CRC,CCC,and CCC Nash seek to replace and supersede in its entirety each of the Original Declaration and the Cross Easement Agreement,for the purposes of:(a)clearing up any confusion that resulted from the execution of the Cross Easement Agreement; and (b) reflecting the current status of the development of the Real Estate; WHEREAS, CRC has the right to amend the Original Declaration unilaterally for the purpose of:(a)clarifying,further defining,or limiting any easement;(b)exercising the rights reserved to it thereunder;or(c) changing the substance thereof, so long as such change does not materially: (i) increase the obligations; or (ii) decrease the rights; of any "Owner" thereunder without such "Owner's" consent; Z:1Documents\Shoup,JennylCity of Carn ehRetail Declaration-now 21Ju114 RestatedlAmended and Restated Declaration.v8.wpd WHEREAS,CRC has the right to amend the Cross Easement Agreement unilaterally for the purpose of:(a)clarifying one or more terms thereof,without materially changing the substance of the Cross Easement Agreement; or(b) changing the substance thereof,so long as such change does not materially:(i)increase the obligations;or(ii)decrease the rights;of any"Owner"thereunder without such "Owner's" consent; WHEREAS, the Cross Easement Agreement may be amended by "Owners" thereunder that, in the aggregate, own 75% or more of the acreage within the Real Estate, so long as such amendment does not materially: (a) increase the obligations; or(b) decrease the rights; of any"Owner"thereunder without such "Owner's" consent; WHEREAS, CRC, CCC, and CCC Nash, collectively, own the vast majority of the acreage within the Real Estate; WHEREAS, Pursuant to this Declaration: (a) CRC, CCC, and CCC Nash clarify certain terms that were in the Original Declaration and/or the Cross Easement Agreement; (b)CRC exercises rights that were reserved to it under the Original Declaration and/or the Cross Easement Agreement;and(c)CRC,CCC,and CCC Nash change the substance of certain terms of the Original Declaration and/or the Cross Easement Agreement without materially: (i)increasing the obligations; or (ii) decreasing the rights; of any other"Owner" under the Original Declaration and/or the Cross Easement Agreement without such "Owner's" consent; and WHEREAS, CRC, CCC, and CCC Nash have agreed to execute this Declaration; Agreement NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are acknowledged hereby, the parties agree as follows: 1. Definitions. 10 Mid Parcel shall mean that portion of Parcel 10 that is delineated on the Site Plan as the"10 Mid Parcel". The 10 Mid Parcel was the "B&D Real Estate" under the Cross Easement Agreement. 10 North Parcel shall mean that portion of Parcel 10 that is delineated on the Site Plan as the "10 North Parcel". The 10-North Parcel was the "SOM Real Estate" under the Cross Easement Agreement. 10 South Lot shall mean the surface parking area located on the 10 South Parcel and delineated on the Site Plan as the"10 South Lot". The 10 South Lot was the"BJS Surface Lot"under the Cross Easement Agreement and,prior to the execution of the Fourth Amendments,the"Grantee Surface Lot" under the Parcel 10 Easement Documents. 10 South Parcel shall mean that portion of Parcel 10 that is delineated on the Site Plan as the "10 South Parcel". The 10 South Parcel was the "BJS Real Estate" under the Cross Easement Agreement, and includes the real estate on which the 10 South Lot is located. 10 West Lot shall mean the surface parking area located on the 10 West Parcel and delineated on the Site Plan as the "10 West Lot". The 10 West Lot was the "Surface Lot" under the Cross Easement Agreement and, prior to the execution of the Fourth Amendments, under the Parcel 10 Easement Documents. 10 West Parcel shall mean that portion of Parcel 10 that is delineated on the Site Plan as the Z:\Documents\Shoup,Jenny\City ofCarmaRetail Declaration-now ,. 21104 Restated\Amended and Restated Declaration.v8.wpd G "10 West Parcel". The 10 West Parcel was the "CRC Parking Real Estate" under the Cross Easement Agreement, and does not include the real estate on which the 10 South Lot is located. Benefitted Parties shall mean the Owners, the Tenants, and the Visitors. City shall mean the City of Carmel, Indiana. City Center Declaration shall mean that certain Declaration of Covenants and Easements recorded as Instrument No. 2000000058577 in the Recorder's Office, as modified by that certain: (a) Confirmation (Kestner Site is part of the "Retail Parcel") recorded in the Recorder's Office as Instrument Number 200200025755; (b) Amendment to Declaration of Covenants and Easements recorded in the Recorder's Office as Instrument Number 200100061268; (c)Second Amendment to Declaration of Covenants and Easements recorded in the Recorder's Office as Instrument Number 200300059243;(d)Third Amendmentto Declaration of Covenants and Easements recorded in the Recorder's Office as Instrument Number 200300110032;(e)Fourth Amendment to Declaration of Covenants and .Easements recorded in the Recorder's Office as Instrument Number 200500072979; and (f) Fifth Amendment to Declaration of Covenants and Easements recorded in the Recorder's Office as Instrument Number 2008024091. Component shall have the meaning ascribed to such term in the Remainder Project Agreement. Construction Easement shall mean the easement granted pursuant to Subsection 3(a). Contribution Obligations shall mean amounts payable by an Owner to CRC or a Maintaining Owner pursuant to this Declaration. Conveyance Instrument shall mean an instrument that conveys,grants,transfers,creates,assigns, or mortgages any interest in any Parcel. Cross Easement Agreement shall mean that certain Cross Easement Agreement executed by and among CRC, CCC, BJS, LLC, and SOM, LLC, and recorded as Instrument Number 2007058835 in the Recorder's Office, as amended by that certain: (a) First Amendment to Cross Easement Agreement recorded as Instrument Number 2013073698 in the Recorder's Office; and (b)Amendment to Cross Easement Agreement recorded as Instrument Number 2014 in the Recorder's Office. This Declaration replaces and supersedes the Cross Easement Agreement in its entirety. Deeds Contribution Obligations shall mean, with respect to the Drive Lane, the contribution obligations, and the rights with respect to non-payment liens in the event of nonpayment of such contribution obligations, set forth in Section 3 of Exhibit C to each of the Parcel 10 Deeds. Deeds Maintenance Requirements shall mean, with respect to the Drive Lane, the maintenance requirements and contribution allocations set forth in Section 2 of Exhibit C to each of the Parcel 10 Deeds. Directional Signage shall mean signage providing directions to: (a) Parking Areas; and/or (b) businesses, plazas, and/or gathering areas located on the Real Estate. Drive Lane shall mean the Roadway located on Parcel 10 and delineated on the Site Plan as the "Drive Lane", including the curb cuts at the north and south end of such Roadway. Dumpster Enclosure shall have the meaning ascribed to such term in the Parcel 10 Easement Documents. Z\Documents\Shoup,Jenny\City of CarnreN2etail Declaration-now 21Ju114 Restated\Ameaded and Restated Declaration.v8.wpd Easements shall mean the Construction Easement,the Nash Access Road Easement,the Parking Easements, the Signage Easements, the Lighting Easements, the Utility Easements, and/or the Maintenance Easements, as applicable. Fourth Amendments shall mean the Parcel 10 EAFA-South and the Parcel 10 EAFA-North. Garage shall mean a structured parking facility located on the Real Estate, which facility may be located underground or aboveground. Improvements shall mean the Parking Areas, sidewalks, walkways, lighting, landscaped areas, buildings, and/or other improvements located on the Real Estate. Laws shall mean applicable laws,statutes,ordinances, rules, regulations, orders, and/or standards of any municipality or other political subdivision or governmental body or agency. Lighting Easements shall mean the easements granted pursuant to Subsection 3(f). Maintenance Easements shall mean the easements granted pursuant to Subsection 3(i). Maintaining Owner shall mean the Owner of a Parcel on which are located portions of Utility Facilities that serve one or more Parcels other than the Parcel on which such portions of the Utility Facilities are located. Municipality shall mean the City or any of its commissions,agencies,or boards,or any other political subdivision or governmental body, commission, agency, or board. Nash Access Road shall mean a Roadway providing access to and from the project currently under construction on the Nash Parcel from and to Monon Green Boulevard, as generally depicted on Exhibit C. Nash Access Road Easement shall mean the easement granted pursuant to Subsection 3(b). Nash Parcel shall mean that portion of Parcel 5 that is delineated on the Site Plan as the "Nash Parcel". The project currently under construction on the Nash Parcel is the first Component to be constructed pursuant to the Remainder Project Agreement. Nash Project Agreement shall mean that certain Project Agreement(First Component)executed by and between CRC and CCC Nash and dated December 27, 2012. Non-Payment Lien shall mean a lien against the Parcel (including the Improvements located thereon)owned by an obligated Owner that is delinquent in the payment of its Contribution Obligation, which lien shall be in the amount of all delinquent Contribution Obligations owed by such Owner, together with all interest that has accrued thereon. Original Declaration shall mean that certain Declaration of Covenants and Easements executed by CRC as "Declarant" and recorded as Instrument Number 200200025737 in the Recorder's Office. This Declaration amends and supersedes the Original Declaration in its entirety. Owner shall mean an owner of a portion of a Parcel; provided that, if there are multiple owners of a Parcel,then such multiple owners, collectively, are an Owner. Parcel shall mean each of the Phase 1 Parcel, the Nash Parcel, the Parcel 5 Remainder, the 10 Z:\Documents\Shoup,Jenny\City of Carmel\Retail Declaration-now ^ 217u114 Resd\A tatemended and Restated Declaration.v8.wpd 't South Parcel,the 10 Mid Parcel,the 10 North Parcel,and the 10 West Parcel. In the aggregate, the Parcels constitute the entirety of Parcels 5 and 10. As portions of Parcel 5 are designated as separate parcels as permitted pursuant to Section 2, such portion: (a)shall become a"Parcel"; and (b) no longer shall constitute a portion of the Parcel 5 Remainder. Parcel 5 shall mean that certain real estate delineated on the Site Plan as "Parcel 5". Parcel 5 is comprised of the Phase 1 Parcel,the Nash Parcel, and the real estate currently within the definition of Parcel 5 Remainder. Parcel 5 Remainder shall mean,on the date hereof,that portion of Parcel 5 that is delineated on the Site Plan as the "Parcel 5 Remainder". As portions of Parcel 5 are designated as separate parcels as permitted pursuant to Section 2,such portion:(a)shall become a separate"Parcel"within Parcel 5; and (b) no longer shall constitute a portion of the Parcel 5 Remainder. Parcel 10 shall mean that certain real estate delineated on the Site Plan as "Parcel 10". Parcel 10 is comprised of the 10 South Parcel,the 10 Mid Parcel,the 10 North Parcel,and the 10 West Parcel. Parcel 10 Deeds shall mean that certain: (a) Limited Warranty Deed (Phase I Clean Site) recorded as Instrument Number 200200025739 in the Recorder's Office; and (b) Limited Warranty Deed (Phase II Clean Site) recorded as Instrument Number 200400005235 in the Recorder's Office. Parcel 10 EAFA-North shall mean that certain Fourth Amendment to Easement Agreement(Use of Phase II Contaminated Site) that will be executed contemporaneously with this Declaration and recorded in the Recorder's Office. Parcel 10 EAFA-South shall mean that certain Fourth Amendment to Easement Agreement(Use of Phase I Contaminated Site) that will be executed contemporaneously with this Declaration and recorded in the Recorder's Office. Parcel 10 EASA-North shall mean that certain Second Amendment to Easement Agreement(Use of Phase II Contaminated Site)recorded as Instrument Number 2007058837 in the Recorder's Office Parcel 10 EASA-South shall mean that certain Second Amendment to Easement Agreement(Use of Phase I Contaminated Site)recorded as Instrument Number 2007058836 in the Recorder's Office. Parcel 10 Easement Documents shall mean that certain: (a) Easement Agreement (Use of Phase I Contaminated Site)recorded as Instrument Number 200200025741 in the Recorder's Office, as amended by that certain:(i)Amendment to Easement Agreement(Use of Phase I Contaminated Site) recorded as Instrument Number 200400005237 in the Recorder's Office; and (ii) Parcel 10 EASA-South; and (b) Easement Agreement (Use of Phase II Contaminated Site) recorded as Instrument Number 200200025742 in the Recorder's Office,as amended by that certain: (i)Amendmentto Easement Agreement(Use of Phase II Contaminated Site)recorded as Instrument Number 200400005238 in the Recorder's Office; and (ii) Parcel 10 EASA-North. The Parcel 10 Easement Documents are being amended bythe Fourth Amendments contemporaneously with this Declaration. Parcel 10 EATA-North shall mean that certain Third Amendment to Easement Agreement(Use of Phase II Contaminated Site) recorded as Instrument Number 2014 in the Recorder's Office. Parcel 10 EATA-South shall mean that certain Third Amendment to Easement Agreement(Use of Phase I Contaminated Site) recorded as Instrument Number 2014 in the Recorder's Office. Z\Documents\Shoup,Jenny\City of CarmehRetail Declaration-now c 211u114 Restated\Amended and Restated Declaration.v8.wpd J Parking Areas shall mean Surface Parking Areas and Garages. Parking Easements shall mean the easements granted pursuant to Subsection 3(d). Parties in Interest shall mean CRC,the Owners,and the current and future mortgagees,grantees, successors, and assigns of CRC and the Owners. Phase 1 Garage shall mean the Garage located on the Phase 1 Parcel. Phase 1 Garage Declaration shall mean that certain Garage Access Declaration recorded in the Recorder's Office as Instrument Number 2010062755. Phase 1 Parcel shall mean that portion of Parcel 5 that is delineated on the Site Plan as the "Phase 1 Parcel". Phase 1 Surface Parking Areas shall mean the surface parking areas located on the Phase 1 Parcel. Public Areas Use Declaration shall mean that certain Grant of Right-of-Way and Use Declaration (Public Areas) executed by CRC and CCC and recorded in the Recorder's Office as Instrument Number 2014014936. Public Lighting shall mean lighting for: (a) Parking Areas; and/or (b) businesses, plazas, and/or gathering areas located on the Real Estate. Real Estate shall mean that certain real estate more particularly described on Exhibit A,which real estate consists of Parcel 5 and Parcel 10. Recorder's Office shall mean the Office of the Hamilton County Recorder. Remainder Project Agreement shall mean that certain Remainder Project Agreement (Parcel 5 Remainder/Parcels 4 & 11) executed by and among CRC, CCC, and Village Housing Corporation, LLC, and dated December 7, 2011. Roadways shall mean the roadways and driveways existing from time to time on the Real Estate. The Roadways include,.without limitation,the Drive Lane,the Nash Access Road,and any roadways and driveways that, under the Cross Easement Agreement, constituted the"CCC Roadways"or the "CRC Roadways". Second Amendments shall mean the Parcel 10 EASA-South and the Parcel 10 EASA-North. Signage Easements shall mean the easements granted pursuant to Subsection 3(e). Site Plan shall mean the Site Plan attached hereto as Exhibit B. Surface Parking Area shall mean a paved surface parking area located on the Real Estate. Each of the 10 South Lot,the 10 West Lot,and the Phase 1 Surface Parking Areas is a Surface Parking Area. Surface Parking Declaration shall mean that certain Parking Easement Reservation Declaration recorded in the Recorder's Office as Instrument Number 2012043734. Tenants shall mean the tenants, subtenants, and other occupants of buildings located on the Real Z:\Documents\Shoup,Jemy\City of Carmel\Retail Declaration-now L 21711114 Restated\Amended and Restated Declaration.v8.wpd V Estate. Utility Easements shall mean the easements granted pursuant to Subsection 3(h). Utility Facilities shall mean equipment, fixtures, and facilities (including,without limitation, mains, pipes, lines, valves, meters, and lift stations) used to provide systems for general water delivery service,water delivery service for fire protection, sanitary sewer service, natural gas service, public electrical power service,public telephone service,and other comm unications services to the Parcels. Utility Provider shall mean a public utility provider or private utility company that provides general water delivery service,water delivery service for fire protection, sanitary sewer service, natural gas service, public electrical power service, public telephone service, and/or other communications services to the Parcels. Utilizing Owner shall mean the Owner of a Parcel served by portions of the Utility Facilities that are located on a Parcel other than the Parcel owned by such Owner(and served by such Utility Facilities. Visitors shall mean visitors, invitees, and licensees of CRC, the Owners, and/or the Tenants. 2. Parcel 5 Remainder. As each Component to be constructed on the Parcel 5 Remainder is completed pursuant to the Remainder Project Agreement and any additional documents executed in connection with the design, development, and/or construction of such Component,the Owner of the portion of the Parcel 5 Remainder on which such Component is constructed may elect to remove such portion from the Parcel 5 Remainder and cause it to be a separate and distinct"Parcel"within Parcel 5. 3. Easements. All easements declared,created,made,and reserved pursuant to this Section shall be subject to the terms and conditions of this Declaration. (a) Construction. (i) There is declared, created, made, and reserved a temporary construction easement for the benefit of CCC Nash, as the Owner of the Nash Parcel, in, on, under, over, above, across, and through that portion of the Parcel 5 Remainder depicted and described on Exhibit C for the purposes of constructing the Nash Access Road. (ii) The terms and conditions of the Nash Project Agreement with respect to construction (including, without limitation, maintaining required insurance coverages)shall apply with respect to the construction of the Nash Access Road. (iii) CCC Nash shall indemnify, defend, and hold harmless CRC from and against any and all damages, injuries, losses, claims, demands, suits, and liabilities that CRC may sustain by reason of the use of the Construction Easement by CCC Nash or its employees, agents, or contractors. (iv) The Construction Easement shall terminate on the date that is ten days after construction of the Nash Access Road has been completed; provided that, in all events the Construction Easement shall terminate on August 30,2014. Upon such termination: (i)the Construction Easement shall have no further force or effect; and Z\Documents\Shoup,Jenny\City of CarmeM.etal Declaration-now 21Jul14 RestatedlAmended and Restated Declaration.v8.wpd (ii) each of CRC and CCC Nash shall execute a recordable memorandum of such termination in form and substance reasonably acceptable to both parties. (b) Access. (i) CRC, as the "Declarant" under the Original Declaration, reserved the right to dedicate Roadways, together with: (A) the easements declared, created, made, and reserved for the Roadway,to the Municipality; and (B)any rights reserved to CRC, as "Declarant", that reasonably are necessary or appropriate in connection with such dedication. CRC hereby dedicates the Drive Lane to the Municipality, together with: (A) the access easement that it had under the Original Declaration with respect to the Drive Lane;and (B) such rights as it had under the Original Declaration as are necessary or appropriate in connection with such dedication of the Drive Lane. Accordingly, by virtue of such dedication, the Drive Lane is a public Roadway. (ii) With the dedication of the Drive Lane as a public Roadway pursuant to Subsection 3(a)(i), all Roadways that serve more than a single Parcel are,or upon completion will be,dedicated as public roadways pursuant to terms and conditions (including, without limitation, terms and conditions with respect to maintenance) reasonably acceptable to each of the Municipality and the applicable Owners. Accordingly,as the Benefitted Parties and the Parcel 7 Owners are entitled by virtue of such dedication to use the public Roadways, it no longer is necessary to have easements in, on, under, above, across, and through such Roadways. (iii) To the extent that a Roadway is,or upon completion will be, located entirely on and serving only, a single Parcel: (A) such Roadway shall remain private; and (B) because such Roadway serves only the Parcel on which it is located, it no longer is necessary to have easements in, on, under, above, across, and through such Roadways. (iv) Because the Nash Access Road will: (A) serve only a single Parcel (the Nash Parcel); but(B)be located on more than a single Parcel (the Nash Parcel and the portion of the Parcel 5 Remainder that,on the date hereof,is subject to the Construction Easement); there is declared, created, made, and reserved a perpetual and nonexclusive access easement in, on, under, over, above, across, and through the Nash Access Road, to the extent that the Nash Access Road is located on the Parcel 5 Remainder, which easement is appurtenant to the Nash Parcel, for the benefit of the Nash Parcel and the Benefitted Parties,and for the purpose of providing vehicular access to and from the Nash Parcel from and to Monon Green Boulevard. (v) The Access Easements (as defined in the Original Declaration) and all easements for access set forth in the Cross Easement Agreement, hereby are terminated and of no further force or effect; accordingly,the only access easement is the Nash Z•\Documents\Shoup,fenny\City of Carmel Declaration-now p 21Jul14 Restated\Amended and Restated Declaration.v8.wpd O • Access Road Easement. (vi) Notwithstanding the foregoing, CRC acknowledges that: (A)CCC or an affiliated entity will be commencing construction with respect to multiple Components on the Parcel 5 Remainder; (B) in connection with such construction, CCC or its affiliate will need temporary easements for access,ingress,and egress over portions of the Parcel 5 remainder currently owned by CRC; and (C) the Project Agreements that will be executed in connection with such Components will contemplate the execution of the foregoing temporary easements. (c) Parking-Parcel 5. (i) The only Parking Areas currently existing on Parcel 5 are the Phase 1 Garage and the Phase 1 Surface Parking Areas. (ii) Easements for public parking in the Phase 1 Garage are addressed in the Phase 1 Garage Declaration. The Phase 1 Garage is located entirely on, and (except to the extent that members of the public may park in the Phase 1 Garage pursuant to the Phase 1 Garage Declaration)is intended to serve only,the Phase 1 Parcel. (iii) Easements for public parking in the Phase 1 Surface Parking Areas are addressed in the Public Areas Use Declaration and the Surface Parking Declaration. The Phase 1 Surface Parking Areas are located entirely on, and (except to the extent that members of the public may park in the Phase 1 Surface Parking Areas pursuant to the Public Areas Use Declaration)are intended to serve only,the Phase 1 Parcel. (iv) All Parking Areas constructed on Parcel 5 after the date hereof either will:(A)be located entirely on,and intended to serve only, a single Parcel; or (ii) be subject to declarations of easements that will be executed in connection with the completion thereof. (v) As illustrated by this Subsection, it is not necessary to have easements to park in, on, under, over, above, across, and through the Parking Areas that are,or will be,located on Parcel 5. Accordingly,all easements defined as"Parking Easements"in the Original Declaration hereby are terminated and of no further force or effect to the extent that they apply with respect to Parcel 5. (d) Parking-Parcel 10. There are declared, created, made, and reserved: (i)perpetual and nonexclusive mutual easements appurtenant to the Parcels for the benefit of the Parcels and the Benefitted Parties;and(ii)easements in gross in favor of CRC; each of which easements shall be in, on, under, over, above, across, and through the 10 West Lot for the purpose of: (i) ingress and egress to and from the Drive Lane; and (ii) parking motor vehicles in the 10 West Lot. (e) Signage. There are declared, created, made, and reserved easements in Z\Documents\Shoup,Jenny\City of Carmel\Retail Declaration-now n 21Jul14 Restated\Amended and Restated Declaration.v8.wpd 7 • gross in favor of CRC in, on, under, over, above, across, and through the Real Estate for the purpose of installing and/or maintaining Directional Signage in accordance with plans and specifications approved as part of a plan review process involving the applicable Owner. (f) Public Lighting. There are declared, created, made, and reserved easements in gross in favor of CRC in,on,under,over,above,across,and through the Real Estate for the purpose of installing and/or maintaining Public Lighting in accordance with plans and specifications approved as part of a plan review process involving the applicable Owner. (g) Drainage. (i) All drainage facilities that serve more than a single Parcel are, or upon completion will be, within dedicated easements or public rights-of-way. Accordingly, as the Benefitted Parties are entitled by virtue of such dedication to use such drainage facilities, it no longer is necessary to have easements in, on, under, over, above, across, and through the Real Estate for the purpose of maintaining drainage facilities and/or discharging surface and storm water into or through drainage facilities. (ii) To the extent that drainage facilities are, or upon completion will be, located entirely on, and serving only, a single Parcel: (A) such drainage facilities shall remain private; and (B)because such drainage facilities serve only the Parcel on which they are located, it no longer is necessary to have easements in, on, under, above,across, and through the Real Estate to maintain and/or discharge surface and storm water into or through such drainage facilities. (iii) Accordingly, the Drainage Easements (as defined in the Original Declaration)hereby are terminated and of no further force or effect. (h) Utilities. (i) All currently completed Utility Facilities that serve more than a single Parcel are within dedicated easements or public rights-of-way. Accordingly,as the Benefitted Parties are entitled by virtue of such dedication to use such Utility Facilities, it no longer is necessary to have easements in, on, under, over, above, across, and through the Real Estate for the purpose of maintaining and/or using such Utility Facilities. (ii) To the extent that future Utility Facilities will be located on, and/or serve, more than a single Parcel, there are declared, created, made, and reserved perpetual and nonexclusive mutual easements appurtenant to the Parcels for the benefit of the Parcels and the Benefitted Parties in, on, under, over, above, across, and through the Real Estate for the purpose of installing, maintaining, and using such future Utility Facilities; provided that the area of such easements shall be limited to that part of each Parcel that is not under, over, or above: (A) a building or building foundation Z:\Documents\Shoup,lenny\City ofCarmefRetail Declaration-now 10 21Jul14 Restated\Amended and Restated Declaration.v13.wpd (including a building or building foundation with respect to which plans and specifications have been approved pursuant to the City Center Declaration, despite the fact the approved building or building foundation has not yet been constructed);or(B)a Surface Parking Area,except that the area of such easement may be under a Surface Parking Area so long as the use of the easement under the Surface Parking Area will not materially impair the use of the Surface Parking Area. (iii) To the extent that future Utility Facilities will be located entirely on, and serving only, a single Parcel: (A) such Utility Facilities shall remain private;and(B)because such Utility Facilities serve only the Parcel on which they are located, it no longer is necessary to have easements in, on, under, above, across, and through the Real Estate to install, maintain, and/or use such Utility Facilities. (i) Maintenance. There are declared, created, made, and reserved perpetual and nonexclusive mutual easements in gross for the benefit of CRC in, on, under, over, above, across, and through the Real Estate for the purposes of servicing, maintaining, repairing,and replacing any portion of the 10 West Lot,the Directional Signage, and/or the Public Lighting. 4. Parcel 10 Easement Documents. The Parcel 10 Easement Documents: (a) contain easements that overlap with the Parking Easements; and (b) provide to CRC specific and limited rights with respect to granting easements for parking in the 10 West Lot. CRC specifically:(a)retains the granting rights set forth in the Parcel 10 Easement Documents; and (b) acknowledges that it remains bound by the limitations on granting easements for parking in the 10 West Lot that are set forth in the Parcel 10 Easement Documents. The execution of this Declaration shall not be deemed to amend,modify,limit,or otherwise alter the Parcel 10 Easement Documents or the foregoing rights or limitations of CRC. 5. Nature. (a) Purpose. Each of the Easements is:(i)perpetual,permanent(except in the case of the Construction Easement),and non-exclusive;(ii)granted for the purposes set forth in Section 3, and for no other purpose whatsoever; and (iii)subject to the terms and conditions of this Agreement with respect to maintenance and contributions. (b) Binding Effect. (i) The Construction Easement, the Nash Access Road Easement,the Parking Easements,and the Utility Easements,and the benefits and burdens thereof, shall: (A) run with the benefitted Parcel; (B) inure to the benefit of the Owners of the benefitted Parcels; and (C) bind the burdened Parcels and the Owners thereof. (ii) The Signage Easements,the Lighting Easements,and the Maintenance Easements, and the benefits and burdens thereof, shall: (A) inure to the benefit of CRC; and (B) bind the burdened Parcels and the Owners thereof. Z:\Documents\Shoup,Jenny\City ofCarmelRetail Declaration-now 11 21Jul14 Restated\Amended and Restated Declaration.v8.wpd (c) Conveyance. Each Conveyance Instrument shall be deemed (unless the Conveyance Instrument expressly states otherwise): (i) to assign, as an appurtenance to the interest in the Parcel, the right to the use and benefit of the Easements that benefit such Parcel (regardless of whether the Conveyance Instrument expressly assigns that right);and (ii)to impose,as a restriction upon the interest, the burden of the Easements that burden such Parcel (regardless of whether the Conveyance Instrument expressly imposes such restriction). (d) Restatement. The Easements are not intended to: (i) increase the obligations of any Owner over and above the obligations of such Owner in the Original Declaration or the Cross Easement Agreement; or(ii) decrease the rights of any Owner as set forth in either the Original Declaration or the Cross Easement Agreement. Instead, the Easements are intended to combine and restate the easements that were granted in the Original Declaration and the Cross Easement Agreement, except to the extent that such easements have become unnecessary due to the existence of dedicated public rights-of-way or easements. 6. Non-Dedication. (a) None Deemed. This Declaration shall not be deemed to dedicate any of the Easements for public purposes, and the parties intend that each of the Easements shall be for the private use and enjoyment of the Owners of the Parcels benefitted by each Easements. (b) Permitted. CRC shall have the right to assign or dedicate to any Utility Provider or the Municipality, in whole or in part, any Utility Facility, Directional Signage, Public Lighting, and/or the 10 West Lot, together with: (I) the Easements declared,created,made,and reserved for the foregoing;and(ii)any rights reserved to CRC that reasonably are necessary or appropriate to enable the Utility Provider or the Municipality to discharge its obligations with respect to the Parcels. If CRC dedicates or assigns any Utility Facility, Directional Signage, Public Lighting,and/or the 10 West Lot to any Utility Provider or the Municipality, as applicable,then,to the extent that the Utility Provider or the Municipality commits to maintain and repair,or to bear the expense of maintaining and repairing,the foregoing,and notwithstanding anything to the contrary set forth herein,neither CRC nor the Owners shall have any obligation to maintain and repair, or bear the expense of maintaining or repairing, such Utility Facility, Directional Signage, Public Lighting,and/or the 10 West Lot,as applicable. 7. Use. (a) General. Each Owner shall keep, maintain,and use its Parcel in a manner that complies with the Laws and the terms and conditions of the City Center Declaration. (b) 10 West Lot. (i) No Owner other than the Owner of the 10 North Parcel shall allow its employees (or the employees of its Tenants)to park in the 10 West Lot,and each Owner other than the Owner of the 10 North Parcel shall exercise reasonable efforts to prevent parking in the 10 West Lot by its employees (and the employees of its Tenants). CRC shall have the right to designate,from time to time and at any time upon written notice to the Owner of the 10 North Z:\Documents\Shoup,Jenny\City of CarmehRetail Declaration-now 1^ 21.1u114 Restated\Amended and Restated Declaration.v8.wpd G Parcel, the parking spaces on the 10 West Lot in which the employees (or the employees of the Tenants) of the Owner of the 10 North Parcel may park. CRC,and only CRC,shall have the right to enforce compliance with the terms and conditions of this Subsection by having vehicles parked in violation hereof towed. Accordingly, no Owner shall have the right to exercise "self-help" remedies to enforce compliance with the terms and conditions of this Subsection (including that no Owner shall have the right to tow vehicles from the 10 West Lot). (ii) If: (A) CRC proposes rules and regulations with respect to the use of the 10 West Lot; and (B) any two of CCC,the Owner of the 10 South Parcel,and the Owner of the 10 North Parcel approve the proposed rules and regulations;then such rules and regulations shall be deemed to be adopted to govern the use of the 10 West Lot;provided that:(A)none of:(1)CCC;or(2)the Owners of the 10 South Parcel or the 10 North Parcel; shall withhold its approval unreasonably; and (B) CRC shall have the right to propose amendments to, or modifications of,any rules and regulations that are adopted pursuant to this Subsection, which proposed amendments or modifications shall be subject to the same approval process as the rules and regulations. (iii) This Subsection is consistent with the Parcel 10 Easement Documents and provisions originally set forth in the Cross Easement Agreement (and replaced and superseded by this Declaration). (c) No Exclusive. CRC, as the Owner of the 10 South Parcel and the 10 West Parcel, releases the exclusive for the "Delicatessen Cafeteria" set forth in Subsection 7(c)of the Original Declaration,as amended pursuant to Subsection 4(e) of the Cross Easement Agreement. Accordingly, such exclusive is terminated and of no further force or effect. 8. Maintenance. (a) General. (i) Except to the extent provided to the contrary herein, each Owner shall maintain and repair the Improvements located on,and serving only, its Parcel so that they are in a good, safe, sound, sanitary, clean, and sightly condition. The foregoing shall include, without limitation,the obligation of the Owner of the 10 South Parcel to maintain the 10 South Lot. (ii) To the extent that Improvements are located in dedicated public rights-of-ways or easements and the Municipalityorthe Utility Provider, as applicable, has agreed, either in the dedication instrument or otherwise, to undertake the responsibility of maintaining and repairing such Improvements, the Owner of the Parcel on which all or a portion of such Improvements are located shall not be obligated to maintain and repair such Improvements. (b) Nash Access Road. Because the Nash Access Road will serve only the Z:\Documents\Shoup,Jenny\City ofCannehRetail Declaration-now 13 217014 Restated\Amended and Restated Declaration.v8.wpd Nash Parcel, the Owner of the Nash Parcel shall maintain and repair the Nash Access Road so that it is in a good, safe, sound, sanitary, clean, and sightly condition. (c) Drive Lane. (i) In connection with reserving an easement over the Drive Lane pursuant to the Parcel 10 Deeds, CRC imposed the Deeds Maintenance Requirements. CRC,as Owner of the 10 West Parcel and"Grantor"under the Parcel 10 Deeds,and in recognition of the dedication of the Drive Lane as a public Roadway, hereby: (A)releases the Deeds Maintenance Requirements;and(B)agrees that the Deeds Maintenance Requirements are replaced and superseded by the terms and conditions of this Declaration; provided that the foregoing release shall not apply with respect to the obligation to pay all real estate taxes assessed with respect to the Drive Lane Easement Area (as defined in each of the Parcel 10 Deeds). (ii) CRC agrees that the Drive Lane, as a public Roadway, shall be maintained and repaired so that it is in a good,safe,sound, sanitary, clean, and sightly condition that: (A) complies with the Laws and the City Center Declaration;and(B)is consistent with the standard applicable to the maintenance of other public roadways located in the City. (d) 10 West Lot. (i) CRC acknowledges that: (A) as Owner of the 10 West Parcel and "Grantor" under the Parcel 10 Easement Documents; and (B) pursuant to the Second Amendments; it has released the maintenance obligations with respect to the 10 West Lot that were set forth in the Parcel 10 Easement Documents prior to the execution of the Second Amendments; provided that, pursuant to the Second Amendments, such maintenance obligations were not released,and remain in effect,to the extent that such maintenance obligations: (A) apply to the 10 Mid Parcel and/or the Owner of the 10 Mid Parcel; or(B) relate to the Dumpster Enclosure. (ii) CRC acknowledges that, pursuant to the Fourth Amendments, CRC will release the maintenance obligations referenced in Subsection 8(d)(i) to the extent that such maintenance obligations apply to the 10 Mid Parcel and/or the Owner of the 10 Mid Parcel. There will be no release of such maintenance obligations,and such obligations will remain in effect, to the extent that such maintenance obligations relate to the Dumpster Enclosure. (iii) CRC,shall maintain and repair the 10 West Lot so that it is in a good, safe, sound, sanitary, clean, and sightly condition that: (A) complies with the Laws and the City Center Declaration; and (B)is consistent with the standard applicable to the maintenance of public surface parking lots located in the City. As part of its obligations under this Subsection, CRC shall implement regularly Monuments\Shoup,lemry\City of Carmel\Retail Declaration-now 1 A 21Jul14 Restated\Amended and Restated Declaration.v8.wpd • scheduled programs or services for: (A) grass cutting and landscape maintenance sufficient to keep all landscaped areas in a safe, clean, and sightly condition at all times; (B) snow removal, which snow removal shall be completed in a reasonably prompt manner; (C) removal of all refuse,garbage,trash, and debris; and (D) sealing, re-topping, and striping. Notwithstanding anything to the contrary set forth herein: (A) CRC shall have no maintenance obligations with respect to the Dumpster Enclosure; and (B) such maintenance obligations shall remain with the Owners of the 10 South Parcel,the 10 Mid Parcel, and the 10 North Parcel under the Parcel 10 Easement Documents. (iv) CRC may allocate to each of the 10 South Parcel and the 10 North Parcel an amount equal to 1/4 of the reasonable costs and expenses incurred by CRC to satisfy its maintenance obligations under Subsection 8(d)(iii), including, without limitation, the costs and expenses incurred to: (A) procure and maintain the required policies of insurance; and (B) light the 10 West Lot. This Subsection is consistent with the Parcel 10 Easement Documents and provisions originally set forth in the Cross Easement Agreement(and replaced and superseded by this Declaration). (e) Signage/Lighting. CRC shall maintain and repair the Directional Signage and Public Lighting installed by it as permitted by this Declaration so that it is in a good, safe, sound, sanitary, clean, and sightly condition that: (A)complies with the Laws and the City Center Declaration; and (B) is consistent with the standard applicable to the maintenance of public signage and public lighting located in the City. (f) Utilities. As stated in Subsection 3(h)(i), all currently completed Utility Facilities that serve more than a single Parcel are within dedicated easements or public rights-of-way. To the extent that Utility Facilities constructed after the date hereof: (i) are located on, and/or serve, more than a single Parcel; and (ii) are not within dedicated easements or public rights-of-way; each Maintaining Owner shall maintain and repair the portions of such Utility Facilities that are located on its Parcel so that such portions are in a good, safe, sound, sanitary, clean, and sightly condition that complies with the Laws and the City Center Declaration;provided that, each Utilizing Owner shall pay to such Maintaining Owner a share of the costs and expenses incurred by the Maintaining Owner in connection with maintaining, repairing, and replacing the portions of the Utility Facilities that are located on the Maintaining Owner's Parcel,which share shall be based on the proportion of:(A)the acreage of the Utilizing Owner's Parcel served by the portions of the Utility Facilities that are located on the Maintaining Owner's Parcel;to (B)the aggregate acreage of all Parcels served by such Utility Facilities. (f) Replacement. The obligation to maintain and repair, as set forth in this Section, includes the obligation to replace, in whole or in part, the applicable Improvement(or component thereof)when such replacement is determined to be necessary or appropriate. 9. Contribution. (a) City Center Declaration. Any amounts assessed against the Real Estate pursuant to the City Center Declaration shall be: (i) allocated among the Owners Z:\Documents\Shoup,Jemry\City of CarmehRetail Declaration-now 21Jul14 RestatedWnended and Restated Declaration.vS.wpd based on the proportion of: (A)the acreage of the Parcel owned by each Owner;to (B)the acreage of the Real Estate;and (ii) payable by the Owners either to CRC or to the Owner that undertakes the obligation to pay,and pays,the amount assessed pursuant to the City Center Declaration. (b) Deeds Contribution. In connection with reserving an easement over the Drive Lane pursuant to the Parcel 10 Deeds,CRC imposed the Deeds Contribution Obligations. CRC, as Owner of the 10 South Parcel and the 10 West Parcel and "Grantor" under the Parcel 10 Deeds, and in recognition of the dedication of the Drive Lane as a public Roadway, hereby: (A) releases the Deeds Contribution Obligations; and (B) agrees that the Deeds Contribution Obligations are replaced and superseded by the terms and conditions of this Declaration. (c) Obligations. Contribution Obligations shall be deemed to be delinquent if the full amount thereof is not paid within 30 days after receipt by the obligated Owner of an invoice for the amount payable. All delinquent Contribution Obligations shall: (i)bear interest at 4%above the rate of interest that is designated by The Wall Street Journal as the prevailing prime rate(as revised or modified from time to time during the period when a Contribution Obligation is delinquent); and (ii) be Non-Payment Liens; provided that the Non-Payment Lien shall be subordinate to any prior mortgage of record held by a mortgagee that is not an affiliate of the obligated Owner. Notwithstanding anything to the contrary set forth herein:(i)this Declaration shall not impose any obligation or liability on any mortgagee until the mortgagee obtains fee simple ownership of a Parcel;and(ii)a mortgagee shall be liable for,and obligated to pay,only the Contribution Obligations that are allocable to a Parcel after the date on which: (A)the mortgagee obtains fee simple ownership of that Parcel; or(B)the mortgagee assumes possession of that Parcel;whichever first occurs. (d) Collection. CRC or a Maintaining Owner may: (i) collect any delinquent Contribution Obligation owed to it,and the accrued interest thereon, by any action at law or in equity;and (ii)foreclose the Non-Payment Lien. Any Owner that fails to paya Contribution Obligation before the payment becomes delinquent shall be liable to CRC or the Maintaining Owner, as applicable, for all costs that CRC or the Maintaining Owner incurs in connection with:(i)collecting the Contribution Obligation owed to it, and the accrued interest thereon; and (ii) foreclosing the Non-Payment Lien; including,without limitation, attorneys'fees and legal costs. (e) Multiple Owners. If there:(i)is more than one Owner of a Parcel;and (ii)is an amount assessed against(or allocated to) such Parcel;then: (i)each Owner of a portion of the Parcel against which such amount is assessed (or to which such amount is allocated) shall be jointly and severally responsible for payment of the assessment(or the allocated amount); (ii) if the full amount of the assessment(or allocation)is not paid,then a Non-Payment Lien may be placed on the entirety of the Parcel; and (iii) if the full amount of the assessment(or allocation)is paid, but each Owner has not paid its full share (so that at least one Owner paid more than its share), then each Owner that paid more than its share shall have a right of contribution against each Owner that failed to pay its full share. (f) Information. Upon the request of an Owner or the mortgagee of a Parcel, CRC or a Maintaining Owner, as applicable, shall furnish the Owner or the mortgagee with information regarding any delinquent Contribution Obligation, the accrued interest thereon, and any Non-Payment Lien on the Parcel. 10. Default. If an Owner fails to comply with any obligation to be observed or performed by it Z:\Documents\Shoup,Jemw\City of CamieTRetail Declaration-now 16 L 21Jul14 Restated\Amended and Restated Declaration.v8.wpd • under this Agreement, then: (a) CRC shall notify the Owner of such failure to comply; and (b) if the Owner does not comply within a reasonable time,then CRC may:(A)enter in or upon any portion of the Parcel owned by the defaulting Owner and cure the non-compliance; (B) enjoin the non-compliance through an action at law or in equity; or(C) institute an action at law or in equity for specific performance of the obligation; provided that, if the failure is: (a) non-monetary; and (b)of a nature that it reasonably cannot be cured within 30 days;then CRC shall not exercise the foregoing remedies so long as the defaulting Owner: (a) commences a cure of the failure within a reasonable period of time after receipt of notice from CRC of the failure,which in no event shall exceed 15 days; and(b)diligently pursues such cure to completion. Any Owner that fails to comply with its obligations hereunder shall reimburse CRC promptly for all costs and expenses that CRC incurs in connection with exercising its rights and remedies under this Section (including, without limitation, reasonable attorneys' fees and legal costs). Notwithstanding anything to the contrary set forth herein, if the defaulting Owner is CRC,then:(i)CCC shall have the rights and remedies otherwise reserved above to CRC with respect to such default; and (ii)CRC shall have the obligation to reimburse CCC for all costs and expenses that CCC incurs in connection with exercising such rights and remedies. 11. Amendments. (a) CRC Right. CRC shall have the right to execute and record in the Recorder's Office, without the consent of any Owner or Party in Interest, amendments to this Declaration for the purpose of: (i) clarifying or further defining one or more terms or conditions of this Declaration,without materially changing the substance hereof;or(ii)changing the substance of one or more terms or conditions of this Declaration, so long as such change does not materially: (A) increase the obligations;or(B)decrease the rights;of any Owner without such Owner's consent, unless such change is necessary to comply with the Laws. (b) Single Owner Right. The Owner of a portion of the Parcel 5 Remainder that elects to cause such portion to be a separate and distinct "Parcel" pursuant to Section 2 shall have the right to execute and record in the Recorder's Office,without the consent of any other Owner or Party in Interest, an amendment to this Declaration for the purpose of removing such portion from the Parcel 5 Remainder and identifying it as a separate and distinct"Parcel". (c) Aggregate Owners. Except as provided in Subsection 11(a)or 11(b), this Declaration may be modified, supplemented, or amended only by a written instrument that is: (i)executed by Owners that, in the aggregate, own 75% or more of the acreage within the Real Estate; and (ii) recorded in the Recorder's Office; provided that such modifications, supplements, and amendments shall not materially: (i) increase the obligations; or (ii) decrease the rights; of any Owner without such Owner's consent. (d) Documentation. Upon request from time to time,each Owner shall execute and deliver further instruments or documents: (i) supplementing or confirming amendments to this Declaration; or (ii) that reasonably may be required by any financial institution as mortgagee of (or as a condition precedent to making any mortgage loan secured by)any Parcel;provided that such instruments or documents shall not increase the obligations, nor decrease the rights, of any Owner under this Declaration without such Owner's consent. 12. Miscellaneous. This Declaration replaces and supersedes each of the Original Declaration and the Cross Easement Agreement in its entirety: accordingly, the Original Declaration and the Cross Easement Agreement no longer are of any force or effect. The terms and conditions of this Declaration shall be governed by,and construed in accordance with,the laws of the State of Indiana. Z:\Documents\Shoup,Jenny\City of CarmehRetail Declaration-now 17 211u114 Restated\Amended and Restated Declaration.v8.wpd The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity and enforceability of any other term or condition of this Declaration. All Exhibits referenced in this Declaration are attached hereto and incorporated herein by reference. This Declaration may be executed in counterparts,each of which shall be an original, but all of which together shall constitute a single document. IN WITNESS WHEREOF, CRC, CCC, and CCC Nash have executed this Declaration as of the date set forth above. THE CITY OF CARMEL RED/ V L' 'MENT CO' 1ISSION �1 BY: AA !//l it• William ammer, Pre a 31 ACKNOWLEDGMENT STATE OF INDIANA SS: COUNTY OF MARION ) Before me, a Notary Public in and for the State of Indiana, personally appeared William Hammer, the President of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Amended and Restated Declaration of Covenants and Easements for and on behalf of such entity. Witness my hand and Notarial Seal this C u day of 4co L 57 , 2014. By: 0,--;//--47 Notary/Public Printed Name: Ill Adel Lee My commission expires: f— /7-49/ . I am a resident of_/k/r///1 M County, Indiana. _ Z:\Documents\Shoup,Jenny\City ofCarmeRRetail Declaration-now 1 0 21Jui14 d\A Restatemended and Restated Declaration.v8.wpd O • THE CITY OF CARMEL REDEVELOPMENT COMMISSION gy: / Corrie Meyer, Executive Dire4r ACKNOWLEDGMENT STATE OF INDIANA )SS: COUNTY OF MARION Before me, a Notary Public in and for the State of Indiana, personally appeared Corrie Meyer, the Executive Director of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Amended and Restated Declaration of Covenants and Easements for and on behalf of such entity. Witness my hand and Notarial Seal this 2J5 day of 4U 9 la 2014. By: ,, Notary Public / Printed Name: L e(° My commission expires: /7-I/ I am a resident of HEt!17l//00 County, Indiana. Z:\Documents\Shoup,Jenny\City ofCarmefRetail Declaration-now 19 21.1u114 Restated\Amended and Restated Declaration.v8.wpd CARMEL Y ER, LLC By: . so Printedl+$4 a 0 re t..3 is Title:62.4 .lQtt, 12)19....b-tete.4--- ACKNOWLEDGMENT STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in nd for the State of Indiana, personally appeared Ponca a Coo 4^. j the Cn gar N/ rrsa dc,ri- of Carmel City Center, LLC, who acknowledged the execution of the foregoing Amended and Restated Declaration of Covenants and Easements for and on behalf of such entity. N3 uST, 2014. Witness my hand and Notarial Seal this L'7�day�flJ� � � TERRE L.CROSS B � �'./�/��( £._. — "7 :.s ._� ° �•����`� Marion County Notary ublic . ya_ .. My Commission Expires A.I .'re A. August 30,2015 ??`. .._._ _ _ Printed Name: (re-, L eros f My commission expires: , 20/20/.6 I am a resident of 171 A f;o r7 County, Indiana. Z:\Documents\Shoup,Jenny\City of Carme Retail Declaration-now 20 21Jul14 Restated\.4mended and Restated Declaration.v8.wpd CCC NASH, L Bf-----4.14., ........./` PrintecNe 4 iCAA9I Title: lM.At 'L L Ce3AR /LIA-- J ACKNOWLEDGMENT STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared Ron a-La -Brown,the S'en; d,ceh�es,Je—of CCC Nash, LLC,who acknowledged the execution of the foregoing Amended and Restated Declaration of Covenants and Easements for and on behalf of such-entity. Witness my hand and Notarial Seal this 25 of H, tiST,'2014. ....pi;., ri RRE L.CROSS C Marion County By: — '. '''"`•' Notary Pub Ic �. �;a ; s���ornmission Expires '' '‘:r e,' August 30,2015 Printed Name: -e/ Yt L •L (ojJ' My commission expires: 1Y3 0/ 20 1 I am a resident of_�)6 f I on County, Indiana. This instrument was prepared by,and return after recording to,Jennifer R.Shoup,Attorney-At-Law, Wallack Somers & Haas, One Indiana Square, Suite 2300, Indianapolis, Indiana, 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jennifer R. Shoup Z:\Documents\Shoup,Lenny\City of Carmel\Retail Declaration-now ry 1 21.1u114 Restated\Amended and Restated Declaration.v8.wpd G INDEX TO EXHIBITS Exhibit A Description of Real Estate Exhibit B Site Plan--Delineate Parcel 5(perimeter as well as each of Phase 1 Parcel, Nash Site, and Parcel 5 Remainder) and Parcel 10 (perimeter as well as 10 South Parcel, 10 Mid Parcel, 10 North Parcel, and 10 West Parcel) Exhibit C Nash Temporary Construction Easement legal/depiction Z:\Documents\Shoup,Lenny\City ofCamceNtetail Declaration-now 22 21.1u114 Restated\Amended and Restated Declaration.v8.wpd e)t tk,utotx / Rage LAND DESCRIPTION ea4e�n.- %zlaPpMX) % Raftµ adukaRks On P A part of the Northeast Quaitei oMc&6n 36,To*ns1i "18Tlorth,Range 3 East located in Clay Township,Hamilton County,Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36,Township 18 North,Range 3 East;thence South 89 degrees 12 minutes 13 seconds West(assumed bearing)707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land("Moron Tract')described in the QUITCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana;thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern boundary of said 1.800 acre tract of land to the southern boundary of the 3.549 acre tract of land("126th Street—.Mueller East Tract")described in the CO- CONSERVATORS'DEED recorded as instrument#9909923663 by said Recorder,the following four(4)courses are along the said southern right-of-way line; 1)thence North 77 degrees 00 minutes 25 seconds East 96.48 feet;2)thence North 89 degrees 36 minutes 45 seconds East 140.00 feet to the POINT OF BEGINNING of this description;3) thence North 89 degrees 36 minutes 45 seconds East 27.49 feet;4)thence South 89 degrees 56 minutes 58 seconds East 387.00 feet to the western right-of-way line of Rangeline Road,the following three(3)courses are along said right-of-way line; 1) thence South 09 degrees 38 minutes 09 seconds West 77.92 feet;2)thence South 00 degrees 54 minutes 50 seconds West 150.03 feet;3)thence South 00 degrees 13 minutes 54 seconds East 594.40 feet parallel with the East Line of said Northeast Quarter,thence South 89 degrees 12 minutes 13 seconds West 389.01 feet parallel with the northern boundary of the 1.005 acre tract of land described in the LIMITED WARRANTY DEED recorded as instrument#200200025738 by said Recorder;thence North 00 degrees 51 minutes 54 seconds West 826.88 feet parallel with the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING containing 7.468 acres,more or less. May 23,2006:giro/ 0 2005.American Consulting.Inc. • SOQrvU P 6 .. cb C A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East located in Clay Township,Hamilton County,Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36,Township 18 North,Range 3 East;thence South 89 degrees 12 minutes 13 seconds West(assumed bearing)707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land("Moron Tract")described in the QL11TCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana;thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern boundary of said 1.800 acre tract of land to the southern boundary of the 3.549 acre tract of land("126'h Street—Mueller East Tract")described in the CO- CONSERVATORS'DEED recorded as instrument#9909923663 by said Recorder,the following three courses are along the said southern right-of-way line;1)thence North (3) 77 degrees 00 minutes 25 seconds East 96.48 feet;2)thence North 89 degrees 36 minutes 45 seconds East 167.49 feet;3)thence South 89 degrees 56 minutes 58 seconds East 387.00 feet to the western right-of-way line of Rangeline Road,the following four(4) courses are along said right-of-way line;1)thence South 09 degrees 38 minutes 09 seconds West 77.92 feet;2)thence South 00 degrees 54 minutes 50 seconds West 150.03 feet;3)thence South 00 degrees 13 minutes 54 seconds East 594.40 feet parallel with the East lane of said Northeast Quarter to the POINT OF BEGINNING of this description; 4)thence South 00 degrees 13 minutes 54 seconds East 56.19 fast parallel with the East Line of said Northeast Quarter to the northern boundary of the 1.005 acre tract of land described in the LIMITED WARRANTY DEED recorded as instrument#200200025738 by said Recorder;thence South 89 degrees 12 minutes 13 seconds West 388.39 feet along the northern boundary of said 1.005 acre tract of land;thence North 00 degrees 51 minutes 54 seconds West 56.19 feet to parallel with the eastern boundary of said 1.800 acre tract of land to a point being South 89 degrees 12 minutes 13 seconds West(parallel with the northern boundary of said 1.005 acre tract of land)of the point of beginning; thence North 89 degrees 12 minutes 13 seconds East 389.01 feet parallel with the northern boundary of the 1.005 acre tract of land to the POINT OF BEGINNING containing 0.501 acres,more or less. E.-AlitAAA Prig 5 � pin ' c=rC c 5 LAND DESCRIPTION A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East located in Clay Township,Hamilton County,Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36,Township 18 North,Range 3 East;thence South 89 degrees 12 minutes 13 seconds West(assumed bearing)707.40 feet along the North Line of said Northeast Quarter to the eastern • boundary of the 1.800 acre tract of land("Moron Tract")described in the QUITCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana;thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern boundary of said 1.800 acre tract of land to the southern boundary of the 3.549 acre tract of land("1266 Street—Mueller East Tract")described in the CO- CONSERVATORS'DEED redorded as instrument#9909923663 by said Recorder 8nd to the POINT OF BEGINNING of this description,the following two(2)courses are along said southern boundary of said 3:549 acre tract of land; 1)thence North 77 degrees 00 minutes 25 seconds East 96.48 feet;2)thence North B9 degrees 36 minutes 45 seconds East 140.00 feet to the western boundary of the 7.970 acre tract of land("Parcel 5A") described in the unrecorded QUITCLAIM DEED dated July 15,2005;thence South 00 degrees 51 minutes 54 seconds East 169.62 feet along the western boundary of said 7.970 acre tract of land;thence North 89 degrees 56 minutes 58 seconds West 38.27 feet; thence South 00 degrees 51 minutes 54 seconds East 10.00 feet;thence North 89 degrees 56 minutes 58 seconds West 35.00 feet;thence North 00 degrees 51 minutes 54 seconds West 10.00 feet;thence North 89 degrees 56 minutes 58 seconds West 45.00 feet;thence South 00 degrees 51 minutes 54 seconds East 10.00 feet;thence North 89 degrees 56 minutes 58 seconds West 35.00 feet;thence North 00 degrees 51 minutes 54 seconds West 10.00 feet;thence North 89 degrees 56 minutes 58 seconds West 45.00 feet;thence South 00 degrees 51 minutes 54 seconds East 10.00 feet;thence North 89 degrees 56 minutes 58 seconds West 36.08 feet to the eastern boundary of said 1.800 acre tract of land;thence North 00 degrees 51 minutes 54 seconds West 156.77 feet along the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING containing 0.909 acres,more or less. • May 17,2006;Or • • PaAcra c S(5 INt.ats G Cam) 513 LAND DESCRIPTION • • A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East located it►Clay Township,Hamilton County,Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36,Township 18 North,Range 3 East;thence South 89 degrees 12 minutes 13 seconds West(assumed bearing)707.40 feet along the North Line of said Northeast Quarter to the eastern boundary oldie 1.800 acre tract of land("Monon Tract")described in the QUITCLAIM - DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana;thence South 00 degrees 3I minutes 54 seconds East 284.25 feet along the eastern boundary of said 1.800 acre tract of land to the southern boundary of the 3.549 acre tract of land("126*Street-Mueller East Tract")described in the CO- CONSERVATORS'DEED recorded as instrument#9909923663 by said Recorder,the following two(2)courses are along said southern boundary of said 3.549 acre tract of Land;1)thence North 77 degrees 00 minutes 25 seconds East 96.48 feet;2)thence North 89 degrees 36 minutes 45 seconds East 1400 feet to the western boundary of the 7.970 acre tract of land("Parcel 5A")described in the unrecorded QUITCLAIM DEED dated July 15,2005;thence South 00 degrees'51 minutes 54 seconds Bast 169.62 feet along the western boundary of said 7.970 acre tract of land to the POINT OF BEGINNING of this description;thence North 89 degrees 56 minutes 58 seconds West 6.00 feet;thence South 00 degrees 51 minutes 54 seconds East 45.00 feet;thence North 89 degrees 56 minutes 58 seconds West 228.35 feet to the eastern boundary of said 1.800 acre tract of land; thence South 00 degrees 51 minutes 54 seconds East 72.23 feet along the eastern boundary of said 1.800 acre tract of land;thence North 89 degrees 08 minutes 06 seconds East 234.32 feet to the western boundary of said 7.970 acre tract(gland;thence North 00 degrees 51 minutes 54 seconds West 113.48 feet along the western boundary of said 7.970 acre tract of land to the POINT OF BEGINNING containing 0.385 acres,more or less. • • May 11.2006;glr • CP.Q. c Sc to 6114. •l t Toot SD A part of the Northeast Quarter of Section 36, Township 18 North, Range.3 East, Hamilton County,Indiana,described as follows: • Beginning at the brass plug found at the northeast corner of said quarter section, said corner being North 00 degrees 13 minutes 54 seconds West 2,648.02 fleet,measured along the east line of said quarter section,from the brass plug found at the southeast corner of said quarter section; thence South 89 degrees 12 minutes 13 seconds Welt.707.40 feet running on and along the north line of said North Quarter Section to a point'on:the east Right of Way line of the former Moron Railway, thence running south on and along•siid cast Right of Way line South 00 degrees 51 minutes 54 seconds East 54825 feet to a point that is the Beginning of this description;thence North 89 degrees 08 minutes 06 seconds East 234.32 feet;thence South 00 degrees 51 minutes 54 seconds East 310.00 EA thence South 89 degrees 08 minutes 06 seconds West 234.32 filet to a point of the east Right of Way line of the former Monon Railway; thence north on and along said cast Right of Way line North 00 degrees Si minutes 54 seconds West 310.00 feet to the point ofbeginning,containing 1.661 aches,more or less. • • • • • Vic. LAND DESCRIPTION A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East located in Clay Township,Hamilton County,Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36,Township 18 North,Range 3 East;thence South 89 degrees 12 minutes 13 seconds West(assumed bearing)707 40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land("Monon Tract")described in the QUITCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County,Indiana;thence South 00 degrees 51 minutes 54 seconds East 858.25 along the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING of this description;thence North 89 degrees 08 minutes 06 seconds East 234.32 feet;thence South 00 degrees 51 minutes 54 seconds East 233.78 feet parallel with the eastern boundary of said 1.800 acre tract of land; thence South 89 degrees 12 minutes 13 seconds West 234.32 feet parallel with the northern boundary of the 1.005 acre tract of land described in the LIMITED WARRANTY DEED recorded as instrument#200200025738 by said Recorder to the eastern boundary of said 1.800 acre tract of land;thence North 00 degrees 51 minutes 54 seconds West 233.50 feet along the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING containing 1.257 acres,more or less. OlL.� VAMASA 0-S56 May 23,2006;gir; e$1( A 10 Scsu4 A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East, Hamilton County,Indiana,more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North,Range 3 East;thence South 00 degrees 00 minutes 00 seconds East (basis of bearing is a Quitclaim Deed recorded in Deed Record 360,page 883 in the Office of the Recorder of Hamilton County,Indiana) 1412.00 feet along the East Line of said Northeast Quarter(all of the following calls are parallel with or perpendicular to said East Line);thence South 90 degrees 00 minutes 00 seconds West 51.18 feet to the POINT OF BEGINNING of this description;thence South 00 degrees 00 minutes 00 seconds East 152.32 feet;thence South 90 degrees 00 minutes 00 seconds West 304.38 feet; thence North 00 degrees 00 minutes 00 seconds West 76.80 feet;thence North 90 degrees 00 minutes 00 seconds East 152.47 feet;thence North 00 degrees 00 minutes 00 seconds West 75.53 feet;thence North 90 degrees 00 minutes 00 seconds East 151.91 feet to the POINT OF BEGINNING,containing 0.800 acres,more or less. I&Iubt_k A Pctg 6 fit, 1v wt £ 1D t o rJ' .k_ A.part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East, Hamilton County, Indiana,more particularly described as follows: Commencing at the Northeast Corner o f the Northeast Quarter of said Section 36, Township 18 North, Range 3 East; thence South 00 degrees 00 minutes 00 seconds East (basis of bearing is a Quitclaim Deed recorded in Deed Record 360,page 883 in the Office of the Recorder of Hamilton County, Indiana) 1188.00 feet along the East Line of said Northeast Quarter to the northeastern corner of a tract of land granted to the City of Cannel Redevelopment Commission("Cannel tract")(recorded as Instrument Number 200100029043 in said Recorder's Office);thence South 89 degrees 27 minutes 30 seconds West 51.18 feet along the northern line of said Cannel tract to the POINT OF BEGINNING of this description;thence South 00 degrees 00 minutes 00 seconds East 223.52 feet parallel with said East Line; thence South 90 degrees 00 minutes 00 seconds West 151.91 feet perpendicular to said East Line;thence North 00 degrees 00 minutes 00 seconds East 222.08 feet parallel with said East Line to the northern line of said Carmel tract; thence North 89 degrees 27 minutes 30 seconds East 151.91 feet along the northern line of said Cannel tract to the POINT OF BEGINNING,containing 0.777 acres,more or less. • yAuko A A r$k cj so-1,00am patto` tb l0 A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East, County, Indiana,more particularly described as follows: Hamilton a, P ty Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North,Range 3 East;thence South 00 degrees 00 minutes 00 seconds East (basis of bea rin g is a Quitclaim Deed recorded in Deed Record 360,page 883 in the nt Indiana) 1 188.00 feet along the East Line Office of the Recorder of Hamilton County, ) g of said Northeast Quarter to the northeastern corner of a tract of land granted to the City of Carmel Redevelopment Commission("Cannel tract")(recorded as Instrument Number 200100029043 in said Recorder's Office);thence continue South 00 degrees 00 minutes 00 seconds East 55.00 feet along said East Line;thence South 89 degrees 27 minutes 30 seconds West 51.18 feet parallel with the northern line of said Cannel tract; thence continue South 89 degrees 27 minutes 30 seconds West 151.91 feet parallel with said northern line;thence South 00 degrees 00 minutes 00 seconds East 145.00 feet parallel with said East Line to the POINT OF BEGINNING of this description(the following five(5)calls are parallel with or perpendicular to said East Line);(one) thence continue South 00 degrees 00 minutes 00 seconds East 97.61 feet;(two)thence South 90 degrees 00 minutes 00 seconds West 152.47 feet; (three)thence South 00 degrees 00 minutes 00 seconds East 76.80 feet;(four)thence South 90 degrees 00 minutes 00 seconds West 23.07 feet; (five)thence North 00 degrees 00 minutes 00 seconds East 172.75 feet;thence North 89 degrees 27 minutes 30 seconds East 175.55 feet parallel with said northern line to the POINT OF BEGINNING,containing 0.431 acres,more or less. E) vJL 10 - po-1A1 1L A part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East, Hamilton County, Indiana,more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North,Range 3 East; thence South 00 degrees 00 minutes 00 seconds East (basis of bearing is a Quitclaim Deed recorded in Deed Record 360,page 883 in the Office of the Recorder of Hamilton County,Indiana) 1188.00 feet along the East Line of said Northeast Quarter to the northeastern corner of a tract of land granted to the City of Carmel Redevelopment Commission("Cannel tract")(recorded as Instrument Number 200100029043 in said Recorder's Office); thence South 89 degrees 27 minutes 30 seconds West 51.18 feet along the northern line of said Cannel tract;thence continue South 89 degrees 27 minutes 30 seconds West 151.91 feet along said northern line to the POINT OF BEGINNING;thence South 00 degrees 00 minutes 00 seconds East 200.00 feet parallel with said East Line; thence South 89 degrees 27 minutes 30 seconds West 175.55 feet parallel with said northern line;thence North 00 degrees 00 minutes 00 seconds East 200.00 feet parallel with said East Line to said northern line; thence North 89 degrees 27 minutes 30 seconds East 175.55 feet along said northern line to the POINT OF BEGINNING,containing 0.806 acres,more or less. • ...--7." :::-...-- . 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J • J [1 NJ, la) =f1 ,,th-filii- rat . • . • •tili4,1/2A' - \,..., •' :''N.IIIIb..• - hl,..• 0— . , . . • • tv. ...v . ....... . ............ .,...... . . ... ©2014 6-rrnet eky Center,1.14 www.carmelcitycenter.com 1 07.0.14 CARMEL ......A.C.fitlira•OCIPMR.tre rs,elmtrf rnr.rmaiornt.g..0%.0}...,........,,,,, C 1 T Y CPO kW' • Exhibit Legal Description of"Nash Access Road" Access Drive Easement from The Carmel Redevelopment Commission to CCC Nash, LLC A portion of the property of the Cannel Redevelopment Commission A part of Instrument Number 200600064025 March 13,2013 A part of the Northeast Quarter of Section 36, Township l 8 North,Range 3 East of the Second Principal Meridian,Clay Township,Hamilton County,Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North, Range 3 East; thence South 00 degrees 13 minutes 54 seconds East (Basis of Bearings assumed from the Quitclaim Deed granted to Cannel City Center, LLC ("CCC tract")(recorded as Instrument Number 200600060668 in the Office.of the Recorder of Hamilton County, Indiana) 1091.80 feet along the East Line of said Northeast Quarter to the easterly projection of the northern line of the 0.501-acre tract granted to the Cannel Redevelopment Cemrnission ("CRC tract") (recorded as Instrument Number 200600064025 in said Recorder's Office)and the southern line of the 0.967-acre tract of land granted to CCC Nash, LLC ("Nash tract") (recorded as Instrument Number 2012080283 in said Recorder's Office); thence South 89 degrees 12 minutes 13 seconds West 84.06 feet along said easterly projection and said common line to the POINT OF BEGINNING of this description, said point being the point of curvature of a non-tangent curve concave to the northwest, said point lying South 71 degrees 00 minutes 23 seconds East 42.64 feet from the radius port thereof, thence southerly,southwesterly and westerly 52.85 feet along said curve to its point of tangency, said point lying South 00 degrees 00 minutes 00 seconds East 42.64'feet from said radius point; thence North 90 degrees 00 minutes 00 seconds West 40.44 feet;thence North 00 degrees 00 minutes 00 seconds West 2.51 feet to the point of curvature of a non-tangent curve concave to the southeast,said point lying North 00 degrees 00 minutes 00 seconds West 9A6 feet from the radius point thereof thence westerly, southwesterly and southerly I4.88 feet along said curve to its point of tangency,said point lying North 90 degrees 00 minutes 00 seconds West 9.46 feet from said radius point; thence South 00 degrees 00 minutes 00 seconds East 4.03 feet to the point of curvature of a curve concave r . I/ 0,1 to the northeast,said point lying North 90 degrees 00 minutes 00 seconds West 14.50 feet from the radius point thereof; thence southerly, southeasterly and easterly 22.98 feet along said curve to a point lying South 00 degrees 47 minutes 47 seconds East 14.50 feet from said radius point; thence South 00 degrees 47 minutes 47 seconds East 2.63 feet perpendicular to the southern line of said CRC tract to a point thereon; thence South 89 degrees 12 minutes 13 seconds West 65.86 feet along said southern line;theme North 00 degrees 47 minutes 47 seconds West 3.11 feet perpendicular to said southern line to the point of curvature of a non-tangent curve concave to the northwest,said point lying South 00 degrees 47 minutes 47 seconds East 14.50 feet from the radius point thereof thence easterly,northeasterly and northerly 22.58 feet along said curve to its point of tangency, said point lying South 90 degrees 00 minutes 00 seconds East 14.50 feet from said radius point; thence North 00 degrees 00 minutes 00 seconds West 38.78 feet to the northern line of said CRC tract and the southern line of said Nash tram thence North 89 degrees 12 minutes 13 seconds East 127.09 feet along said common line to the POINT OF BEGINNING,containing 4,469.1 square feet(0.103 acres),more or less. 2 44 $ , p 0 'I 6 gip 1:/, ... --,::::, -,z_ - i _ , t. Of I , F .. 4, . • I I N 4Q1aE•Qa' E - 2i7l•!01 Ll+t - 1 , ' 0 II II a a r I 1 I I_ = =4 Clio i=O =a =C7 == =O =a =�'. c=al I I _%.'I ir ' f ' ' . /I s 1: 1 i I y I. ,10 X1 4,, y • �0 e" G . '7tfl II 'U m z 1�` I 4/• 1T1'�1 - 1] x A f i!./ 111.isimo Thy 71:121c: z in ip I ' S • ' _J1 t , i Al. lair ` a I '� IN ' L i t I ')11"1 -..,. ,..L.,,--- ,. .-.,...:logru. :.......:-...• VIII ; \ I,A - : '1!4/1 l"''lle: 4 PEI I \Nr ..• ul 1?21\3 :I Sir & iiiti: I.• (-eve ��‘� �� 1�� 11 tt 1�.N•1 '4•11: ti� w %L y,. •� `m. mow. . *11 N. . ?Ire). .. ..': v}:.e.::∎14:t�`ir'.�1.0:iNV.1,,� �Tfi�;: ►�2`4•.•-�yFy�- ti ^- .wlrc�w rI 1. tW..1:•:1, •j. .�y�•�• .,P .laill -�- - --- •M--, 4 ..---.; d iiiim�iiiiii�iiiiii iariiiwpmeeerras�F+nirmm mi�ips..:7.a:k� ,,.,►4.�mwN ellnewr.ommon�qum �II ��Iriurumiru pu,� �E xs X2.1".7 ` Ad __. A:_DWI-- I .. i�M' A,;, =;s _ __� .h.`� ,�i ice"' '".��I. --„, --ma we MI6••■•loo on.do.om VI low 411••••••••••••• ill -in -Tr. in--F-5 :I s RANGE LINE ROAD - .. r Gii..w,.•�•. 'tie .l1 —..�../1. ....... ,..l..-... ..�..ti........W••1-....—...�.....A' ..�..i......IMO, ..�..�. ......�. ..�...«...�..�... �..L. .. �� EISy uN. tat ,/4i EVC.3E•f101-1Ur II g II III win an ._ ..... 1 1!#4. �- -.- .YY_ -� M Y ...f r. �I a +r MOM O� �s MO/ 6! M1. 'A+ WWI. 9/29/2014 TO: Diana Cordray, City of Carmel Clerk-Treasurer ' c TYPE OF DELIVERY: Interoffice Mail and/or Hand Delivery CD PHONE: FROM:Mike Lee ° PHONE: CD FOR YOUR RECORDS w PAGES: y RE:Amended and Restated Declaration of Covenants and Easements (Parcel 5 and 10) C; -�Y e e n-}er t S J aio; r o S S ∎r'�'e- n rr CC: Parcel 5 Y'Arcel 1 D CD ND COMMENTS: This Restated DeOaration replaces and supersedes each of the 2002 Declaration and the 2007 Cross E2fftment Agreement to remove the confusion that resulted from the K execution of the (S bss Easement Agreement. In addition, it reflects the current status of the developmeaof Parcels 5 and 10. C) • M � rn CL co `t°v to.vEopmeAo..r0 v A Public/Private � Partnenhip • CRC City,of Carmel Indiana