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HomeMy WebLinkAboutExecuted Property Owner Consent Form 11-20-18Faegre .com FAEGRE BAR CANIELS PROPERTY OWNER CONSENT FORM USA UK • CHINA The undersigned, Fifth Third Bank ("Owner"), being the owner(s) of the real estate generally described as the 1.9 acres +/- located at 14585 Hazel Dell Parkway in Carmel, Hamilton County, Indiana, and more particularly described as Parcel No. 17-10-22-00-22-003.000 (the "Real Estate"), hereby authorizes EQ Hazel Development, LLC ("EQ") and Faegre Baker Daniels LLP to file petitions, applications, and supporting materials for the Real Estate with the City of Cannel, Hamilton County, Indiana, and/or any other relevant government entity for the purposes of (i) obtaining a building size variance for the Riverview Medical Park PUD District, (ii) obtaining a sign variance, and (iii) submitting an ADLS Application (collectively, the "Zoning Relief Applications"). The authorization granted hereunder is expressly conditioned upon the closing of the sale of the Real Estate to REA Trust, LLC, or its designated assignee ("REA") on or before December 3, 2018. No Zoning Relief Applications or permits related thereto shall be binding on the Real Estate or the Owner until after closing of the sale of the Real Estate to REA. The parties acknowledge that Owner's authorization hereunder is granted as an accommodation to EQ and REA. Owner shall not be responsible for any costs, fees, or expenses associated with any of the Zoning Relief Applications. REA agrees to indemnify and hold Owner harmless from and against any and all claims, demands, suits, liens, claims of lien, and demands of any nature whatsoever that may arise from the Zoning Relief Applications. [Signatures on Following Page]