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HomeMy WebLinkAboutParking Easement Agreement_Recorded 06-18-202020037712 EASE $25.00 06/18/2020 02:01:20PM 18 PGS LSB Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II II III III II I I I I II PARKING ENTRY AND ACCESS EASEMENTS AGREEMENT THIS 'ARKIM-3, I N'1' ZY AND ACCT;SS FIASFINENTS AGREFAMI.."INT ("Agreement")is made t1us,1jea-'1\ of 2020 (the. " L ffcctive Date"), byand between 12156 11"I IDIAN ASSOCIA'1'L?S, LLC, an ndiana limited liability company ("Ritz Charles"), CCI AD'1' i v1O13, LLC, an Indiana limited liability company, ("Lot 'l Owner"), and CC:I AD'I' MOB 11, LL,C;, an Indiana limited liability company ("Lot 2 Owner"). RECITALS A. Ritz Charles is the fee simple owner of a 7.95 acre± Marcel (the "Ritz Parcel") located at 12156 N. Meridian Street in Carmel, Hamilton County, Indiana which is more particularly described in l xhibit "A" attached ereto and madc. a part hereof; h B. Lot "1 Owner is the fee simple owner of one of two lots located in Carmel, Hamilton County, Indiana more particularly described in 1xhibit "I3" attached hereto and made a part hereof (the "Lot 1"); C. Lot 2 ()oner is the fee simple owner of one of two lots located in Carmel, Hamilton Comm, Indiana more particularly described in I?xhibit "C" attached hereto and made a part hereof (the "Lot 2") 1). The northwestern portion of the Ritz Parcel (the. "North Ritz Parcel"), which is more particularly described in Exhibit "D" attached hereto and made a part hereof, is located immediately adjacent to and \Vest of Lots 1 and 2; 1 Lot "1 Owner is constructing a three (3) story, approximately 40,000 square foot Class A medical office building (the "ti1O13"); 1". Lot 2 Owner has not finalized its improvcnicnt of Lot 2 (the "Lot 2 Improvements"); G. Ritz Charles, Lot "1 Owner and Lot 2 Owner have each agreed that it is in the best interests of all three parties to agree upon the mutual use of the parking area located on the North Ritz Parcel; and Parkin, I.sutry, and AccessIasernent., Agreement H. At the request of Lot 1 Owner and of Lot 2 Owner, in order to provide adequate parking for Lots 1 and 2, together with adequate entry and access for the Lots to Illinois Street and to the parcel to the North having a post office address of 12188 N. Meridian Street (the "Welltower Parcel") , Ritz Charles has agreed to grant Lot 1 Owner and Lot 2 Owner a parking, entry and access easement on, over and across the North Ritz Parcel, subject to the terms and conditions of this Agreement; THEREFORE, in consideration of the premises, the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ritz Charles, Lot 1 Owner and Lot 2 Owner agree as follows: 1. The Recitals set forth above are hereby incorporated into this Agreement as if fully set forth herein. 2. Ritz Charles, for itself and its successors and assigns as the owner of the Ritz Charles Parcel (Ritz Charles and its successors and assigns as the then owner of the Ritz Charles Parcel being hereinafter collectively referred to as "Ritz Charles"), does hereby declare, grant and reserve for the benefit of: (A) Lot 1 Owner, its successors and assigns as the owner of Lot 1 (Lot 1 Owner and its successors and assigns as the then owner of I.ot 1 being hereinafter collectively referred to as "Lot 1 Owner"); (B) Lot 2 Owner, its successors and assigns as the then owner of Lot 2 (Lot 2 Owner and its successors and assigns as the then owner of Lot 2 being hereinafter collectively referred to as "Lot 2 Owner") (C) the present and future tenants, guests, invitees, visitors, licensees, employees, and agents of Lot 1 Owner, the MOB and of any future improvements constructed on Lot 1; and (D) the present and future tenants, guests, invitees, customers, visitors, licensees, employees, and agents of Lot 2 Owner, the Lot 2 Improvements; and of any future improvements constructed on Lot 2; (the parties named in (A) through (D) are collectively referred to herein as the "Lot Owner Benefitted Parties", each current and future entity and person being a "Lot Owner Benefitted Party"), and as an appurtenance to Lot 1 and to Lot 2, the following perpetual, non-exclusive easement, subiect to the terms and conditions ofparagraph 5 below. A perpetual, non-exclusive easement on, over and across the North Ritz Parcel, for the use of the parking spaces (as they are constructed and as modified from time to time and as limited below) located in and on the North Ritz Parcel and for vehicular and pedestrian access to and from Lot 1, Lot 2, Illinois Street and the Welltower Parcel in and on the designated lanes, access roads, drives, sidewalks and paths (as they are constructed and as modified from time to time) located in and on the North Ritz Parcel (the "North Ritz Parcel Parking, Entry and Access Easement") which is depicted on Exhibit "E" attached hereto and made a part hereof. The area depicted on Exhibit "E" being hereinafter referred to as the "Easement Area" PROVIDED, HOWEVER, that parking on the North Ritz Parcel is limited to the area shown on Exhibit "F" attached hereto and made a part hereof. 3. Ritz Charles, at its sole cost and expense subject to the reimbursement provisions below, will service, repair and maintain, or cause to be serviced, repaired and maintained the Easement Area on a regular basis so as to keep such Easement Area in a good, clean, safe and attractive appearance and condition for the purposes intended under the North Ritz Parcel Parking, Entry and Access Easement. The foregoing obligations of Ritz Charles will include, but are not be limited to, 2 Parking, lsntry and Access P,asemcnts Agreement snow removal from parking areas, drives and sidewalks; trash pickup and disposal; adequate lighting; landscaping; and maintenance and repair of parkuig areas (sealing and striping), drives and sidewalks (the "North Ritz Parcel Maintenance Items"). Notwithstanding the foregoing, Ritz Charles may seek reimbursement for the cost to repair any damage caused by the negligence or intentional misconduct of. (a) a Lot Owner Benefitted Party, its officers, members, employees, agents, or contractors; or (b) any third party in the exercise of the rights under the Easements granted herein. Ritz Charles will also timely pay all real estate taxes and assessments imposed upon the North Ritz Parcel (the "North Ritz Parcel Taxes"). It being understood and agreed that the North Ritz Parcel is not a separate tax parcel and as such, the real estate taxes attributable to the North Ritz Parcel will be equitably allocated upon the agreement of the parties made in good faith from the main tax parcel for 12156 N. Meridian Street. Ritz Charles, Lot 1 Owner and Lot 2 Owner hereby agree that the North Ritz Parcel Maintenance Items and the North Ritz Parcel Taxes will be allocated as follows: 50% to Ritz Charles, 25% to Lot 1 Owner and 25% to Lot 2 Owner. Lot 1 Owner and Lot 2 Owner will reimburse Ritz Charles within thirty (30) days following receipt of an invoice with supporting documentation itemizing the North Ritz Parcel Maintenance Items. The North Ritz Parcel Maintenance Items for the first year of reimbursement will be prorated based upon the Effective Date of this Agreement. The North Ritz Parcel 'Taxes for the first year of reimbursement will be prorated based upon the Effective Date of this Agreement. Lot 1 Owner and Lot 2 Owner will reimburse Ritz Charles within thirty (30) days following receipt of proof of the payment of the current year taxes accompanied by the allocation of the North Ritz Parcel Taxes and the proration for the first year. 4. Ritz Charles will obtain the following insurance policies to cover damage to the North Ritz Parcel and to cover any liability arising from the use of the Easements granted herein: (a) a property and casualty insurance policy to cover property damage to the Easement Area resulting from the use of the Easement in policy limits of $� per occurrence and $ "may in aggregate and which will name the Lot 1 Owner and the Lot 2 Owner as additional insureds; (b) a commercial general liability insurance policy for claims and liabilities arising from the use of the Easement in policy limits of $ 4 yc c: , r ;n per occurrence and $ Z , cxvo ' c1c, c in aggregate and which will name the Lot 1 Owner and the Lot 2 Owner as additional insureds (collectively these two insurance policies are referred to as the "Insurance `�. Ritz Charles, Lot 1 Owner and Lot 2 Owner hereby agree that the cost of the Insurance will be allocated as follows: 50% to Ritz Charles, 25% to Lot 1 Owner and 25% to Lot 2 Owner. Lot 1 Owner and Lot 2 Owner will reimburse Ritz Charles within thirty (30) days following receipt of an invoice with supporting documentation itemizing the payment of the premiums for the Insurance. The cost of the Insurance for the first year of reimbursement will be prorated based upon the date that the Lot 2 Improvements and/or the MOB commence operations. All such policies must include a waiver of subrogation clause notwithstanding any other provision in this Agreement. 5. During the construction of the improvements on Lot 1 and Lot 2, no construction traffic, construction parking, storage of construction materials or equipment nor any other construction related activity will be allowed on, over or across the Easement Area. In the event that this provision is violated, the Lot 1 Owner and the Lot 2 Owner will i minediately upon written notice from Ritz Charles clean, repair any damage and restore the condition of the Easement Area caused by such violation Additionally, at all tunes during the construction of the improvements on Lot 1 and Lot 2 but subject to all applicable governmental rules, regulations or ordinances, a 6-8 foot opaque 3 Parking, 13ntry and Access F asements Agreement fence is to be erected and maintained during the period of construction on the South property line of Lot 1 and the West property line of Lots 1 and 2. It is further agreed that during all times of construction on Lot 1 or Lot 2, the frontage road adjacent to U.S. Highway 31 (Meridian Street) running north and south immediately east of Lot 1, Lot 2 and the Ritz Parcel, be kept free of debris, dirt and other construction material. 6. Notwithstanding any provision to the contrary in this Agreement, the Lot Owner Benefitted Parties', Lot 1 Owner's or Lot 2 Owner's use of the North Ritz Parcel Parking, Entry and Access Easement may be temporarily interrupted, to the extent reasonably necessary, in the event of an emergency; in the interest of public health and safety; to perform repairs or maintenance to the Easement Area to allow for additions, modifications and improvements to the parking and access areas; in the event of a fire, casualty, or Act of God; or due to any other cause beyond the reasonable control of Ritz Charles or Lot 1 Owner, as applicable. 7. Lot 1 Owner and Lot 2 Owner, for themselves and for the Lot Owner Benefitted Parties acknowledge and agree that the parking, entry and access parking rights granted hereunder are non-exclusive to the North Ritz Parcel Parking, Entry and Access Easement and such rights will be exercised in common with any and all parties authorized by Ritz Charles to use those easements. The North Ritz Parcel Parking, Entry and Access Easement will be used in a safe and appropriate manner, in compliance with all applicable laws and regulations, and only for the purposes for which they were constructed and intended; i.e. vehicular and pedestrian ingress and egress and vehicular parking. During construction of the improvements on Lot 1 and Lot 2, the Lot 1 Owner and the Lot 2 Owner respectively, will obtain and maintain a Builder's Risk Insurance policy and name Ritz Charles as an additional insured under the general liability provision of such policy. 8. Ritz Charles may, at its sole cost and expense, make additions, modifications and improvements to the designated drive lanes, access roads, sidewalks, paths and parking areas located on the Easement Area, including new bumpers, resealing, resurfacing and/or restriping. The costs of such additions, modifications and improvements will be included in the North Ritz Parcel Maintenance Items to be reimbursed to Ritz Charles as provided for above. Provided, however, in no event will Ritz Charles make any additions, modifications or improvements that would: (a) permanently reduce the number of parking spaces available on the North Ritz Parcel below 115 spaces or such other number as required to maintain sufficient parking to serve the improvements on Lot 1 and Lot 2 under the applicable zoning ordinances, but not to exceed 115 surface spaces, without the prior written consent of Lot 1 Owner and Lot 2 Owner; (b)obstruct or interfere with the free flow or parking, entry and access on the North Ritz Parcel, subject to the provisions of paragraph 6 above; or (c) violate any applicable laws (including without limitation zoning ordinances, grants or approvals). Notwithstanding the foregoing, Ritz Charles will not, without the prior written consent of Lot 1 Owner and Lot 2 Owner, which consent will not be unreasonably withheld, delayed or conditioned, make any additions, modifications or improvements to the North Ritz Parcel that would reduce the number of parking spaces therein for more than thirty (30) days (except in emergency situations). It is understood and agreed that in the event that the North Ritz Parcel is to be redeveloped by the then owner of the North Ritz Parcel, that the Lot 1 Owner, the Lot 2 Owner and the then owner of the North Ritz Parcel will negotiate in good faith to allow for the redevelopment but still maintain the parking spaces required by the City of Carmel for Lot 1 and Lot 2. In the event that the redevelopment of the North Ritz Parcel includes the construction of a parking garage to maintain the parking spaces, the Lot 1 Owner, the Lot 2 Owner and the then owner of the North Ritz Parcel will negotiate in good faith the cost to construct the parking garage and the location of the parking garage structure. To the 4 Parking, 13ntry and Access I?asements Agreement extent necessary, the parties will enter into appropriate reciprocal easement agreements for access to and use of the parking garage. 9. Each Benefitted Party agrees to fully indemnify and hold harmless the owner of the North Ritz Parcel, from and against all claims, liabilities and losses and actions and all expenses incidental to the investigation and defense thereof, including reasonable litigation expenses and attorneys' fees, based on or arising out of damages or injuries to persons or their property, resulting from a Benefitted Party's, its officers', members', contractors', agents', or employees' use of the North Ritz Parcel Parking, Entry and Access Easement and the Easement Area, the violation of any law or from the sole negligence of a Benefitted Party with respect to a Benefitted Party's use and occupancy of the Easement Area granted by the Easements herein. 10. Ritz Charles will be entitled to all proceeds paid under the policies of Insurance provided for above with respect to the North Ritz Parcel, as well as any and all proceeds from any condemnation action or other taking by any governmental entity affecting the North Ritz Parcel Parking, Entry and Access Easement. If any part of the North Ritz Parcel is damaged or destroyed by fire or other casualty, Ritz Charles will restore or rebuild such damaged improvements to the extent of the insurance proceeds received for such restoration or rebuilding, and the Lot Owner Benefitted Parties' rights hereunder will continue in the restored or rebuilt improvements. To the extent commercially reasonably possible, Ritz Charles will replace any parking spaces lost as a result of the taking to the extent of the proceeds from any taking. Provided, however, that in the event that the taking requires the construction of a parking garage to maintain the parking spaces required for Lot 1 and Lot 2, then the parties will proceed with the construction of a parking garage as provided for in paragraph 8 above. 11. Ritz Charles will pay, or cause to be paid, all charges for utilities serving any portion of the North Ritz Parcel; however such utility costs will be included in the North Ritz Parcel Maintenance Items. 12. Each party hereby agrees to indemnify and to hold the other party(ies), its/their managers, members, officers, employees, agents and any other party for which it/they are legally liable for (the party required to indemnify the other party(ies) under this paragraph being herein referred to as an "Indemnifying Party") harmless from and against any loss, damage, liability or expense, including, but not limited to reasonable attorneys' fees, resulting from any injury or death of any persons, or any loss of or damage to any property, caused by or resulting from any act or omission attributable to the Indemnifying Party, its respective agents, employees, licensees and contractors, in connection with its entry on, or use of, the easements granted under this Agreement and as the access to and use and occupancy of the North Ritz Parcel; including, but not limited to, exercising the rights granted or performing the obligations herein. Each party agrees to promptly discharge (or cause to be discharged) any mechanic's or materialmen's liens asserted against the real estate constituting an easement area on another party's Parcel or Lot, as the case may be, that arise out of or in connection with the installation, maintenance, repair or replacement of the facilities and/or equipment, use of the easement area or the exercise of a party's rights under this Agreement. Each party will indemnify and hold harmless the other party owning the easement area against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorney's fees resulting therefrom. 13. In no event will Lot 1 Owner, Lot 2 Owner or Ritz Charles be liable to the other for any consequential damages in connection with or arising out of this Agreement. Notwithstanding 5 Parking, Entry and Access Easements Agreement anything in this Agreement to the contrary, if a party hereto fails to observe, fulfill or perform any covenant, term or condition of this Agreement upon its part to be observed, fulfilled or performed and, as a consequence of such default, the non -defaulting party recovers a money judgment against the defaulting party, such judgment will be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of the defaulting party in its respective Parcel or Lot, as the case may be, and the defaulting party will not be liable for any deficiency. Provided, however, that the non -defaulting party may seek to enjoin violations of the obligations of the defaulting party under this Agreement or seek specific performance of such obligations. 14. When any person or entity, who is the owner of a Lot or the North Ritz Parcel sells or assigns all of its rights, title, interest or estate in its Lot or Parcel, it will have no further liability for the performance thereafter of the obligations or responsibilities of an owner of a Lot or of a Parcel hereunder other than those obligations or responsibilities which accrued prior to the date of transfer of the ownership of the Lot or of the Parcel. 15. The grants and obligations, and benefits and burdens created by this Agreement will run with the title to Lot 1 and Lot 2 benefitted hereby, and with the title to the North Ritz Parcel and Lot 1 burdened hereby, and will apply to, be binding upon and inure to the benefit of Lot 1 Owner, Lot 2 Owner, Ritz Charles, the Lot Owner Benefitted Parties and the Ritz Benefitted Parties. 16. If a party defaults in or otherwise fails to perform any of its obligations set forth in this Agreement, and fails to cure any such default or failure within thirty (30) days after receipt of written notice from the another party (except in the case of an emergency which will be cured as soon as reasonably practicable), then the non -defaulting party may cure such default at its expense and collect from the defaulting party the reasonable costs incurred in curing such default including reasonable attorneys' fees, may pursue any applicable injunctive or equitable remedies and may exercise any other rights and remedies available by law. Any reimbursement for curing a default will be due and payable thirty (30) days after the written demand by the non -defaulting party, which demand will include paid invoices or other evidence of payment or expense. Notwithstanding the foregoing, if the default is of such a nature that it cannot reasonably be cured within thirty (30) days, then, so long as the defaulting party commences the cure within said 30-day period, and thereafter diligently pursues the cure to completion, the cure period will be extended for such periods as may be reasonable under the circumstances, not to exceed ninety (90) days absent consent by the non - defaulting party(ies) for a longer period of time. All such expenses will accrue interest at the rate of the greater of (i) 10% per annum, or (ii) the then current prime rate listed by the Wall Street Journal plus 4%. 17. The illegality, invalidity or unenforceability under law of any covenant, restriction or condition or any other provision of this Agreement will not impair or affect in any manner the validity, enforceability or effect of the remaining provisions of this Agreement. 18. Failure by a party to enforce any covenant or restriction herein contained will in no event be deemed to be a waiver of the right to do so thereafter. 19. Ritz Charles hereby covenants that: it is the owner in fee simple of the Ritz Parcel; it is lawfully seized thereof; it has a good right to grant and convey the foregoing easements on the North Ritz Parcel; the North Ritz Parcel is free of any liens or encumbrances, except the lien of current 6 Parking, Entry and Access 13asements Agreement taxes, all rights -of -way and all other easements of record now affecting the North Ritz Parcel, and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; it guarantees the use of the North Ritz Parcel Parking, Entry and Access Easement by the Lot Owner Benefitted Parties; and that, subject to the foregoing, Ritz Charles will warrant and defend the Lot Owner Benefrtted Parties' rights to the North Ritz Parcel Parking, Entry and Access Easement granted hereby against all claims thereon. 20. The person executing this Agreement on behalf of a party hereto represents that he/she has the authority to bind that party to the terms and conditions set forth herein and that all necessary action therefor has been taken. 21. This Agreement will, in all respects, be governed construed, applied and enforced in accordance with the laws of the State of Indiana including without limitation, matters affecting title to all real property described herein. 22. RITZ CHARLES, LOT 1 OWNER AND LOT 2 OWNER, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, EXPRESSLY AND KNOWINGLY WAIVE AND RELEASE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANOTHER ON ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, PERFORMANCE OF ANY CONTRACT OR AGREEMENT RELATED TO THIS AGREEMENT, AND/OR ANY CLAIM FOR INJURY OR DAMAGE. 23. All notices, demands, statements and requests required, permitted or desired to be provided under this Agreement will be in writing and will be delivered in person or by private commercial courier service or mailed as certified or registered mail, postage prepaid, return receipt requested, and if mailed, will be deemed given when received or three(3) business days after deposit is in the mail, whichever occurs first, and if personally delivered or if delivered by private commercial courier service, will be deemed given when actually delivered, addressed as follows: If to Ritz Charles: 12156 MERIDIAN ASSOCIATES, LLC 12156 N. Meridian Street Carmel, Indiana 46032 Attention: Charles Lazzara With a copy to: E. Davis Coots, Esq. Coots Henke & Wheeler 255 East Carmel Drive Carmel, Indiana 46032 7 Parking, l.ntry and Access Easements lgrcemcnt If to Lot 1 Owner: CCI ADT MOB, LLC c/o Cornerstone Companies, Inc. 8902 North Meridian Street, Suite 205 Indianapolis, IN 46260 Attn: J. Taggart Birge, Esq. With a copy to: Densborn Blachly LLP 500 East 96"' Street, Suite 100 Indianapolis, IN 46240 Attn: Brian R. Bouggy, Esq. If to Lot 2 Owner: CCI ADT MOB II, LLC c/o Cornerstone Companies, Inc. 8902 North Meridian Street, Suite 205 Indianapolis, IN 46260 Attn: J. Taggart Birge, Esq. With a copy to: Densborn Blachly LLP 500 East 96"' Street, Suite 100 Indianapolis, IN 46240 or at such other address as a party will hereunder designate in writing to the other. 24. The provisions of this Agreement may not be modified or amended, except pursuant to a written agreement entered into by each of the then owners of the North Ritz Parcel, Lot 1 and of Lot 2. 25. This Agreement is the product of negotiation by the parties hereto and will be deemed to have been drafted by such parties. This Agreement will be construed in accordance with the fair meaning of its provisions and its language will not be strictly construed against, nor will ambiguities be resolved against, any party. 26. Except as set forth herein, each party will bear its own costs and attorneys' fees in connection with the negotiation and execution of this Agreement. However, in the event legal counsel is retained to enforce this Agreement, the prevailing party, whether by lawsuit or whether by settlement before or after any lawsuit is filed, will be entitled to recover its costs, expenses, and reasonable attorneys' fees incurred in the enforcement of this Agreement, including enforcing it as a defense. The term "prevailing party" will mean the party that obtains substantially the relief sought by compromise, settlement or judgment. 27. This Agreement supersedes all other prior understandings, commitments, representations, negotiations, discussions, and agreements, whether oral or written, express or implied, between the parties hereto relating to the matters contemplated hereby and constitutes the entire agreement between the parties hereto relating to the subject matter hereof. 28. This Agreement and all rights of the parties will terminate at such time as the then owners of the North Ritz Parcel, Lot 1 Owner and Lot 2 Owner execute a written agreement terminating this Agreement. 8 Parking, Entry and Access 17asements Agreement The Rest of this Page Intentionally Left Blank Signature Pages Follow Parking, l3ntry and Access Easements Agreement IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be duly executed as of the day and year first written above. "RITZ CHARLES" 12156 MERIDIAN ASSOCIATES, LLC, Title: STATE OF INDIANA ) SS: COUNTY OF T b) /V1 ) Before me, a Notary Public in and for the State of Indiana, personally appeared 11.111,42,Z&di-9, the /' ?L,,n)1,', � 6,T 12156 MERIDIAN ASSOCIATES, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing Agreement on behalf of said company. WITNESS my hand and Notarial Seal this)/day of 32020. (SEAL) 4 J. CHARLEEN CURLEY Hampton County My Commission Exftes OctoWr 6, 2024 :11 JI(I'TC : I (printed name) NOTARY 1 My Commission Expires: County of Residence: 10 Parking, Entry and Access F,ascmcnts Agreement "LOT 1 OWNER" STATE OF INDIANA SS: COUNTY OF CCI ADT MOB, LLC an Indiana limited liability company Before me, a Notary Public in and for the State of Indiana, personally appeared ,tax°_. 'r d , the of CCI ADT MOB, LLC, an Indiana limited liability, mpany, w o acknowledged the &ecution of the foregoing Agreement on behalf of said company. WITNESS my hand and Notarial Seal thi day of PATRICIA A. WHETSEL �.8r% Notary Public, State of Indiana z'SEAL. Madison County c *'•, * r P.w Commission # 693835 MV r dfiiiflls§10h IR irds My Commission Expires: /gj—c)] 1&-&/ fib. A (printed name) NOTARY PUBLIC County of Residence: L�Jaga r Parking, Entry and Access Easements Agreement "LOT 2 OWNER" CCI ADT MOB II, LLC an Indiana limited liability company STATE OF INDIANA ) SS: COUNTY OFL") Before me, a Notary Public in and for the State of Indiana, personally appeared C�6p 7 ,the Vat � of CCI ADT MOB II, LLC, an Indiana limited liability compa „ who ackn wledged the execu on of the foregoing Agreement on behalf of said company. WITNESS my hand and Notarial Seal thi day r ST;L'✓%,, PATRICIA A. WHETSEL .` �P•• • �e % Notary Public, State of Indiana Madison County S ,r'•, ; * c' Commission # 693835 ��✓✓���AN` My Commission Expires Degembor01,2024 My Commission Expires: /�Jkj) finw, 4.16.20(10405840.8).docx (printed name) NOTARY PUBLIC County of Residence: This instrument prepared by Paul G. Reis, Attorney at Law, Krieg DeVault LLP, 12800 N. Meridian Street, Suite 300, Carmel, IN 46032. I afftrm, under penalties of perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Paul G. Deis KD_(10405840.9). docx 12 Parking, Entry and Access Easements Agreement EXHIBIT A LEGAL DESCRIPTION OF RITZ MU - Parcel number. 29-09-35-000-005.001-018 A part of the Northwest Quarter of Section 35, Township 18 North, Range 3 East In Hamilton County, Indiana, more particularly described as follows: Beginning at the Southeast corner of the West Half of said Northwest Quarter; thence along the South line of said Northwest Quarter South 88 degrees 51 minutes 53 seconds West (basis' of bearings is Instrument Number 8807469, recorded in the Office of the Recorder of Hamilton County, Indiana) 221.31 feet; thence parallel with the East line of, said West Half North 00 degrees 01 minutes 21 seconds West 984.12 feet; thence parallel with the South line of said Northwest Quarter North 88 degrees 51 minutes 53 seconds East 221.31 feet to the East line of said West Half; thence along said East line South 00 degrees 01 minutes 21. seconds East 317.37 feet; thence parallel with the South line of said Northwest Quarter North 86 degrees 51 minutes 53 seconds East 402.27 feet to the VVest right of way of Local Services, Road #2 of. U.S.R. 31 as shown on plans for Project ST-F-222(g) 1968; thence along said West right of way South 00 degrees 01 minutes 08 seconds West 320:2.5 feet; thence parallel with the South line of said Northwest Quarter South 88 degrees 51 minutes 53 seconds West 1.60 feet; thence parallel with the West right of way of said Local Service Road #2 South 00 degrees 01 minutes 08 seconds West 140.00 feet; thence parallel with the South li ne of said Northwest Quarter South 88 degrees 51 minutes 53 seconds West 400.34 feet to the West line of the East Half of said Northwest Quarter; thence along said West line South 00 degrees 01 minutes 21 seconds East 206.60 feet; to the Point of Beginning. A-1 Parking, Entry and Access Easements Agreement EXHIBIT B LEGAL DESCRIPTION OF LOT 1 Partof the Northwest Quarter -of Section 35, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the, southwest corner of the Northwest Quarter of Section 35, Township, I S North; Range 3 East; thence With 88 degree 52 minutes 24.seconds East (assumed. bearing) 1.328;27 feet along the south line of said Northwest Quarter to the southwest cdrner:of the East Half. of said, Northwest Qdarter; thence North 00 degrees 01 minute 0.6 seconds. West 769.87 feet.along the west line of said East Half t© the POINT OF BEGINNING; thence continue .North 00 degrees 01 minute 00. seconds West along said .west.line 197.13 feet to the, northwest corner of the parcel described in Instrument Number20180.189.11 on file in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees 50 minutes 06 seconds East 402.49 feet along the north line of said parcel to' the west right-of�way line of US 31;.thence South OO degrees 01 minute 18 seconds West 197.37 feet along said west right-of-way line to a point that is 122.85 feet frorh the southeast corner of said parcel; thence South 88 degrees: 62 minutes 08 seconds West 402.35 feef to the POINT OF BEGINNING: Containing 1..822 acres, more ,or less. B-1 Parking, Entry and Access Easements Agreement EXHIBIT C LEQAL DESCRIPTION OF LOT 2 Part of the Northwest Quarter of Section 35, Township 18 North, Range. 3 East of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest.eorner cif the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 8,.8 degrees 52 minutes 24 seconds East (assumed bearing}) 1328.27 feet along the south line of said Northwest. Quarter to the southwest comer,of the East Half of said Northwest Quarter; thence North 00 degrees 01 minute.06 seconds West 667.02 feet along the west line of said East Half Ao the POINT OF BEGINNING; thence: continue North 00 degrees 01 minute 06 seconds Vilest along said west Iine.122.85.feet; thence North 88 degrees 52 minutes 08 seconds East 402.35 feet to the west right-of-way line of US 31;'th.ence South 00 degrees .01 minute 18 seconds West 122 85 feet along said west.right�of-way Iine to the southeast corner of the parcel described in Iristriament Number 2018018011, 'on fife in the Office of said Recorder; thence South 88 degrees 52 minutes q8 seconds West 402>26 feet along the south line of said parcel to the POINT OF BEGINNING, Containing 1.134 acres, more or_less: C-1 Parking, Entry and !Access Easements .agreement EXHIBIT D LEGAL DESCRIPTION OF NORTH RITZ PARCEL Part of the Northwest Quarter of Section 35, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 88 degrees 48 minutes 43 seconds East 1,328.27 feet along the south line of said Northwest Quarter to the southeast corner of the West Half of said Northwest Quarter; thence North 00 degrees 05 minutes 00 seconds West 667.02 feet along the east line of said West Half to the northwest corner of a 2.9441-acre exception described in Instrument Number 2018018911 on file in the Office of the Recorder of Hamilton County, Indiana, being the POINT OF BEGINNING; thence North 88 degrees 48 minutes 14 seconds East 117.20 feet along the north line of said 2.9441-acre exception; thence South 00 degrees 02 minutes 25 seconds East 44.09 feet; thence South 89 degrees 29 minutes 02 seconds West 281.19 feet to the east boundary of Illinois Street per Instrument Number 2007004852 on file in said Recorder's Office; thence North 00 degrees 04 minutes 31 seconds West 357.88 feet along said east boundary to the north line of a 9.241-acre parcel described in Instrument Number 200300046802 on file in said Recorder's Office; thence North 88 degrees 48 minutes 43 seconds East 164.02 feet along said north line to the northeast corner of said 9.241-acre parcel and the east of said West Half; thence South 00 degrees 05 minutes 00 seconds East 317.10 feet along said east line to the POINT OF BEGINNING. Containing 1.468 acres, more or less. D-1 Parking, Entry and Access Easements Agreement F W W H z W W w o� N Y a RS W N N V U .d Q �p La' �.+ W bA Y� �+ EXHIBIT F NORTH RITZ PARCEL PARKING AREA F-1 Parking, Entry and Access Easements Agreement