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HomeMy WebLinkAboutDeclaration of Covenants Amended Weston Park RECORDED10-17-07 0 07059119 AMND DECL $51.00 10/17/2007 09 ;14 :25A 20 PGS Jennifer J Hayden HAMILTON County Recorder IN Cross Reference: Instrument No. 2007 -18967 Recorded as Presented C AMENDED AND RESTATED 1 DECLARATION OF COVENANTS AND RESTRICTIONS ti (Weston Park) THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration is made as of this l r`1day of September, 2007 (the "Effective Date by KITE MICHIGAN ROAD, LLC, an Indiana limited liability company "Developer and THE NATIONAL BANK OF INDIANAPOLIS, a.national association "NBI This Declaration amends and restates in its entirety that certain Declaration of Covenants and Restrictions by Developer dated March 27, 2007 and recorded April 5, 2007 in the Office of the Recorder of Hamilton County, Indiana as Instrument No. 2007 18967. RECITALS: A. Developer is the developer of that certain real property commonly known as Weston Park, in the. City of Carmel, County of Hamilton, State of Indiana (the "Shopping Center and more particularly described in Exhibit A, attached hereto and made a part hereof by this reference. B. Developer has recorded that Weston Park Secondary Plat, dated March 2, 2004, and recorded March 12, 2004 in the office of the Hamilton. County Recorder as Instrument Number 200400016061 (the "Plat C. Developer has improved, or shall improve, portions of the Shopping Center and has constructed, or shall construct, roads within the Common Area shown on the Plat and more particularly described in Exhibit B, attached hereto and made a part hereof by this reference (the "Common Area D. Developer has, is about to, or may hereafter, sell, dispose of, convey, lease, or hypothecate those certain portions of the Shopping Center shown on the Plat as Block A, Lot 1, Lot 2, and Lot 3. E. Developer desires to subject every portion of the Shopping Center, including Block A, Lot 1, Lot 2, Lot 3, and the Common Area to the covenants, conditions, restrictions and charges hereinafter set forth. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 1. Incorporation of Recitals. The foregoing recitals are made a part hereof and incorporated into this Declaration as though set forth herein verbatim. 62846.2 2. Definitions. As used herein, the following terms shall have the meanings ascribed to them below; 2A "Block A" shall mean and refer to Block A as shown on the Plat. 2.2 "Block A Owner" shall mean and refer to the owner from time to time of the fee simple interest in and to Block A, and its successors and assigns, if Block A is subdivided, the Block A Owner shall mean each owner of a portion of Block A, in their pro rata share of the ownership of Block A as determined by area, except as set forth in Section 4 and Section 8 below. As of the Effective Date, Developer is the Block A Owner. 2.3 "Common Area" is defined in the Recitals hereto. 2.4 "Common Area Easements" is defined in Section 3 hereof. 2.5 "Lot 1 Owner" shall mean and refer to the owner from time to time of the fee simple interest in and to Lot 1, as shown on the Plat, and its successors and assigns. As of the Effective Date, NBI, defined below, is the Lot 1 Owner. 2.6 "Lot 2 Owner" shall mean and refer to the owner from time to time of the fee simple interest in and to Lot 2, as shown on the Plat, and its successors and assigns. As of the Effective Date, Developer is the Block A Owner. 2.7 "Lot 3 Owner" shall mean and refer to the owner from time to time of the fee simple interest in and to Lot 3, as shown on the Plat, and its successors and assigns. As of the Effective Date, Developer is Lot 3 Owner. 2.8 "Developer" means Kite Michigan Road, LLC, and its successors and assigns. 2.9 "NBI" means The National Bank of Indianapolis, a national association, and its successors and assigns. 2.10 "Outlots" shall collectively mean and refer to Lot 1, Lot 2, and Lot 3, all as shown on the Plat. "Oudot" shall mean and refer to any one of the Outlots. 2.11 "Outlot Owners" shall collectively mean and refer to Lot 1 Owner, Lot 2 Owner and Lot 3 Owner. The term "Outlot Owner" shall mean and refer to any one (1) of the Outlot Owners. 2.12 "Plat" is defined in the Recitals hereto. 3. Prior Grant of Easements. Developer previously granted to Block A Owner and the Outlot Owners non-exclusive easements over, in, upon, and across the Common Area appurtenant to and benefiting Block A and the Outlots for the purpose of ingress and egress to Block A and the Outlots, which grant of easement was contained in, and such easements are shown, on, the Plat (the "Common Area Easements"). Also by the recordation of the Plat, Developer granted certain sanitary sewer, drainage and utility easements benefiting Block A and 62896.2 the Outlots as such easements are shown on the Plat (the "Drainage and Utility Easements To the extent not previously granted in the Plat, Developer and/or NBI, as appropriate, hereby grant non- exclusive easements over, across, under and through the Common Area Easements and Drainage and Utility Easements described above in order to use all such easements in the manner contemplated, including, without limitation, easements to install, maintain, repair, replace or relocate any lines or other facilities installed from time to time therein and easements for ingress and egress easements over and across all of the Shopping Center. With respect to Lot 1, in the event the curb cut onto 106 Street nearest Lot 1 is going to be modified to a "right in/right out," then Developer agrees that it shall promptly (but in any event prior to the access being limited to "right in/right out construct a common access drive in the area cross hatched on Exhibit C -2 which provides Lot 1 with access from the existing north south access drive abutting the western boundary of Lot 1 to the western -most curb cut onto 106 Street, located in Block A, and Block A Owner hereby grants a temporary construction easement over, in, upon and across Block A to Developer for the purpose of constructing such access .drive. Such access drive, as it exists from time to time, shall be designated as and be included in the definition of Common Area and shall thereafter be included as, and considered for all purposes hereunder to be, Common Area Easements. Lot 1 Owner hereby agrees that Developer shall have met its obligation if, prior to the curb cut onto 106 Street nearest Lot 1 being limited to "right in/right out the new common access drive is constructed and available for use by Lot 1 Owner in the area cross hatched on Exhibit C -2, upon which such common access drive or drive aisle, as same may exist from time to time, shall be designated as and be included in the definition of Common Area and shall thereafter be included as, and considered for all purposes hereunder to be, Common Area Easements. 4. Covenants of Developer. Developer covenants that it shall not change, alter or modify the size or location of the Drainage and Utility Easements, the Common Area Easements, or the roads constructed within the Common Area Easements, without the prior written consent of Block A Owner and all Outlot Owners, which consent shall not unreasonably be withheld, delayed, conditioned or denied. Except for such improvements and landscaping on Lot 1 and on Lot 3 as exist on the date hereof, Developer further covenants that it will not construct or permit to be constructed any structure or improvement, or install any landscaping, which materially interferes with the use and enjoyment of the Drainage and Utility Easements, the Common Area Easements, or the roads within the Common Area Easements by Block A Owner and the Outlot Owners, or which materially interferes with the visibility of any of the improvements or structures on Block A or any of the Outlots, without the prior written consent of Block A Owner and all of the Outlot Owners, which consent shall not unreasonably be withheld, delayed, conditioned or denied. Under no circumstance shall Developer relocate or materially modify the curb cuts to an Outlot without the prior written consent of the Outlot Owner of that particular Outlot, except as required by law or by local governmental authorities; provided that Developer shall use good faith commercially reasonable efforts to oppose any such requirements by law or local governmental authorities. Developer does hereby consent to the location of the curb cuts existing as of the date hereof with respect to Lot 1 and Lot 3. For purposes of this Section 4, so long as L.A. Fitness International, LLC, its successors and assigns maintains a facility in Block 62896.2 A, the Block A Owner shall be deemed to be the owner of that portion of Block A which contains the L.A. Fitness facility. 5. Maintenance of Common Area. 5.1 Maintenance by Developer. Developer shall operate, maintain, repair and replace all of the Common Area in good order, condition and repair ("Common Area Maintenance"). Developer's obligations hereunder with regard to Common Area Maintenance shall include, but not be limited to: maintenance, repair and replacement required to clean, preserve and maintain the Common Area; removal of trash, rubbish, and debris; and ice and snow removal. Restriping and resurfacing shall be performed as required, in Developer's commercially reasonable discretion. All holes or breaks in the paving in the Common Area shall be repaired or replaced by Developer within a reasonable period after Developer becomes aware of such occurrence, subject to seasonal availability of asphalt and weather conditions. 5.2 Block A Owner Common Area Maintenance Reimbursement. For and in consideration of Developer's Common Area Maintenance obligation hereunder, Block A Owner shall pay or cause to be paid to Developer as Block A Owner's share of the costs incurred by Developer to operate and maintain the Common Area, Block A Owner's pro rata share (as hereinafter defined), of all Operating Expenses incurred by Developer with respect to the Common Area. The term "Operating Expenses" shall mean all expenses, costs and disbursements of every kind and nature which Developer shall pay or become obligated to pay because of, or in connection with, the ownership, operation and maintenance of the Common Area, including, but not limited to, Developer's reasonable and proper direct costs and expenses of (i) operating, maintaining and repairing the Common Area, including, but not limited to, repairs, maintenance, line painting, resurfacing, lighting and removal of ice, snow, trash, rubbish and refuse from the Common Area; (ii) workers' compensation insurance, wages, unemployment taxes, social security taxes, employee benefits and other costs of personnel to the extent engaged in operating or maintaining the Common Area; (iii) personal property taxes and fees for required licenses and permits; (iv) liability insurance covering the Common Area; and (v) an administrative fee to Developer for administering same, which shall not exceed fifteen percent (15%) of the total of all Operating Expenses. Block A Owner's "pro rata share" shall mean the percentage that the total acreage of Block A (or if Block A is subdivided, the total acreage of the portion of Block A owned by a Block A Owner) bears to the total acreage of the sum of the acreage of Block A and the Outlots. For each calendar year and partial calendar year after the date hereof, the amount payable to Developer on account of the Operating Expenses shall be paid by Block A Owner on or before the first day of each month, in advance, in an initial amount estimated by Developer, which amount shall be subject to adjustment by Developer on or before March 31 of each calendar year based on the actual amount of the Operating Expenses for the prior year. On or before March 31 of each calendar year, Developer shall furnish Block A Owner with a statement of the actual amount of Block A Owner's pro rata share of Operating Expenses for the prior calendar year. If the total amount paid by Block A Owner for such prior calendar year shall be less than the actual amount due from Block A Owner as shown on such statement, Block A Owner shall pay to Developer the difference between the amount so paid and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement; and if the total amount paid by Block A Owner for any such calendar year 62896.2 shall exceed such actual amount due from Block A Owner for such calendar year, then such excess shall be credited against the next due installment(s) of Block A Owner's pro rata share. 5.3 Outlot Owners Common Area Maintenance Reimbursement. For and in consideration of Developer's Common Area Maintenance obligation hereunder, each Outlot Owner shall pay or cause to be paid to Developer its share of the costs (not to exceed the amounts in each instance set forth in Sections 5.3.1, 5.3.2 and 5.3.3 below) incurred by Developer to operate and maintain the Common Area as follows: 5.3.1. Lot 1 Owner shall pay to Developer on or before the first day of each month, in advance, Two Hundred Fifty Dollars ($250.00), provided that such amount shall be increased by ten percent (10 each five (5) years, compounded, as calculated from January 15, 2005. 5.3.2. Lot 2 Owner shall pay to Developer on or before the first day of each month, in advance, Three Hundred Dollars ($300.00), provided that such amount shall be increased by ten percent (10 each five (5) years, compounded, as calculated from the Effective Date. 5.3.3. Lot 3 Owner shall pay to Developer on or before the first day of each month, in advance, Three Hundred Fifty Dollars ($350.00), provided that such amount shall be increased by ten percent (10 each five (5) years, compounded, as calculated from December 15, 2004. 5.4 Default. In the event that the party responsible for Common Area Maintenance hereunder shall fail to perform such maintenance as is required hereunder, any of the Outlot Owners or the Block A Owner, as the case may be, may give such party written notice of such failure to maintain, and in the event such responsible party shall fail to commence such maintenance obligation in accordance herewith within thirty (30) days after the date the responsible party receives notice of such failure, or shall fail to complete such maintenance with reasonable diligence thereafter, then the party giving such notice may undertake all reasonable action to cure such responsible party's failure of performance. If the Outlot Owners or the Block A Owner, as the case may be, elects to cure said default, such party shall, prior to the commencement of any work, provide to the responsible party a specific description of the work to be performed by such party and the name of such party's contractor. Any materials used shall be of equal or better quality than currently exists in the Shopping Center and such party's contractor shall be adequately insured and of good reputation. The party responsible for such Common Area Maintenance shall reimburse the party so performing the work under this Section 5.4 within thirty (30) days after demand therefor for all reasonable, third party out -of- pocket expenses incurred by such party in connection therewith, provided that such party delivers to the responsible party adequate bills or other supporting evidence substantiating such costs. 6. Insurance. 6.1 Block A Owner and each Outlot Owner shall carry or cause to be carried commercial general liability insurance on its respective parcel(s) with companies qualified to do business in the State of Indiana, for limits of not less than $3,000,000.00 for bodily injury, 62896.2 41110 including death resulting therefrom, and personal injury for any one (1) occurrence, $1,000,000.00 property damage insurance, or a combined single limit in the amount of $3,000,000.00. Such insurance will include contractual liability coverage recognizing this Declaration. The minimum limits of the comprehensive general liability policy of insurance shall in no way limit or diminish Block 4 Owner's or an Out lot Owner's liability hereunder and may be revised upward not more than once every five years in Developer's reasonable discretion by an amount consistent with other first class shopping centers on the northside of the metropolitan Indianapolis, Indiana 7 area. 6.2 The company or companies writing any insurance which is required to be taken out and maintained pursuant to this Section 6 shall have an AM Best rating of at least A- VIII. The parties shall use commercially reasonable efforts to have each policy evidencing such insurance name Developer and its designees as additional insured(s) and shall also contain a provision by which the insurer agrees that such policy shall not be canceled, materially changed or modified except after thirty (30) days written notice to Developer or its designees. Evidence of Insurance for the insurance policies required in this Section 6, in a form reasonably acceptable to Developer, shall be delivered at least ten (10) days prior to the time such insurance is first required to be carried and upon renewals not less than thirty (30) days prior to the expiration of any such policy. 7. Indemnity. 7.1 Definition of "Loss." The term "Loss," as used throughout this Declaration, shall mean any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses of any and every kind and nature (including, without limitation, sums paid in settlement of claims and for attorneys' fees and court costs). 7.2 Definition of "Indemnify." The term "Indemnify," as used throughout this Declaration, shall mean that each party (the "Indemnifying Party") shall indemnify the other (the "Indemnified Party"), save it harmless and, at the Indemnified Party's option and with attorneys approved in writing by the Indemnified Party, defend the Indemnified Party, and its contractors, agents, employees, members, partners, officers, directors, and mortgagees, if any, from any Loss arising out of the condition specified in the particular indemnity provision. 7.3 General Indemnity. Except to the extent the loss, injury or damage is caused by the willful misconduct or intentional acts or omissions of Developer, its employees, contractors, invitees or agents, Block 4 Owner and each Outlot Owner covenants to Indemnify Developer in connection with or arising from, any use or condition of real property owned by such Indemnifying Party, or occasioned wholly or in part by, any act or omission of Block A Owner or such Outlot Owner, its tenants or occupants, or their respective agents, contractors, employees, licensees, invitees or visitors occurring on or about the Shopping Center. Except to the extent the loss, injury, or damage is caused by the willful misconduct or intentional acts of Block A Owner or an Outlot Owner, its tenants or occupants, or their respective agents, contractors, employees, licensees, invitees or visitors, Developer covenants to Indemnify Block A Owner and each Outlot Owner in connection with or arising from, any use of condition of the 62896.2 Common Area or occasioned wholly or in part by, an act or omission of Developer, its agents, tenants, contractors or employees occurring on or about the Common Area. 8. Transfer of Common Area Ownership. In the event that Developer no longer has a fee simple ownership interest in and to Block A or any of the Outlots, such that Developer's fee simple ownership interest in the Shopping Center is limited to its ownership of the Common Area, then to the extent its ownership interest in and to the Common Area has not been previously conveyed, transferred or assigned, Developer shall convey, transfer and assign its interest in the Common Area to Block A Owner for the sum of one dollar ($1.00), whereupon the covenants and obligations of Developer hereunder shall be discharged and thereafter assumed by Block A Owner. For purposes of this Section 8, so long as L.A. Fitness International, LLC, its successors and assigns maintains a facility in Block A, the Block A Owner shall be deemed to be the owner of that portion of Block A which contains the L.A. Fitness facility. 9. Signage. 9.1 The Signs; Temporary Easement. Attached as Exhibit C to this Declaration is a Site Plan of the Shopping Center which shows the approved location for two permanent monument signs, one to be located on Lot 2 (the "Michigan Road Sign"), and one to be located on Block A (the "106 Street Sign"). The Michigan Road Sign and the 106 Street Sign are collectively referred to as the "Signs." Block A Owner shall construct the Signs in reasonable conformance with the sign elevations attached hereto as Exhibit D. Developer hereby grants Block A Owner a temporary easement over and across those portions of the Shopping Center necessary to construct the Signs, and under those portions of the Shopping Center necessary to bury electrical wiring for the lighting for the Signs, provided that such temporary easement may not materially interrupt access to the businesses operating on Lot 1 or Lot 3 and may not disturb the landscaping installed on either Lot 1 or Lot 3. 9..2 Control of Sign Bands. Each Sign shall have six (6) equal bands. The bands shall be allocated as follows: Michigan Road Sign Block A Owner Block A Owner Block A Owner Lot 3 Owner Lot 1 Owner or Lot 2 Owner Lot 2 Owner 62896.2 106th Street Sign Block A Owner Block A Owner Block A Owner Block A Owner Block A Owner Lot 2 Owner Nothing herein shall be deemed to prevent Block A Owner or Lot 2 Owner, if applicable, from combining their contiguous sign bands into a larger band. 9.3 cost of Sign Construction. Lot 2 Owner shall pay to Block A Owner one- sixth (1/6) of the costs of construction of the 106 Street Sign. Lot 3 Owner shall pay to Block A Owner one-sixth (1/6) of the cost of the Michigan Road Sign. Unless Lot 1 Owner relinquishes such right in writing, Lot 1 Owner shall have the exclusive right to place its sign panel on each side of the Michigan Road Sign in the fifth (5 sign band from the top of such sign. In the event that Lot 1 Owner elects to utilize the designated panel on the Michigan Road Sign, Lot 1 Owner shall pay to Block A Owner one-sixth (1/6) of the costs of construction of the Michigan Road Sign and Lot 2 Owner shall pay one-sixth (1 /6) of the the cost of the Michigan Road Sign. In the event that Lot 1 Owner elects, in writing, not to utilize the designated panel on the Michigan Road Sign, Lot 2 Owner shall pay to Block A Owner one-third (1/3) of the costs of construction of the Michigan Road Sign. Such payment shall be due and owing not more than thirty (30) days after Block A Owner sends Lot 1 Owner, Lot 2 Owner and Lot 3 Owner, respectively, the paid invoices for the construction of either Sign on which such Owner has a band or bands. 9A Sign Maintenance. Each user of a Sign shall pay for its own fascia in its sign band. Block A Owner shall maintain the Signs and charge each user of the Signs its pro rata share of the costs incurred by Block A Owner. 10. No Cross Parking. No cross parking easements exist now or hereafter, nor shall any be inferred, between Block A and any Outlot or between any Outlot and any other Outlot, 11. Duration. Each covenant and restriction contained herein shall continue in full force and effect for ninety nine (99) years from the date this Declaration is recorded with the Office of the Recorder of Hamilton County, Indiana, and each such covenant and restriction herein shall automatically renew at such time and every ninety nine (99) years thereafter for successive ninety nine (99) year terms, unless Developer, Block A Owner and each Outlot 62896.2 t Owner terminates this Declaration by each executing and recording a termination with the Office of the Recorder of Hamilton County, Indiana, within one hundred eighty (180) days before the date of such automatic renewal. 12. Modifications. This Declaration and any provision, covenant or restriction contained within it may be terminated, extended, modified, or amended with the written consent of Developer, Block A Owner, and each Outlot Owner. No termination, extension, modification, or amendment will be effective unless a written instrument setting forth its terms has been executed, acknowledged, and recorded in the Office of the Recorder of the county wherein the Shopping Center is located. No such amendment, modification, extension, or termination (collectively referred to as `change will affect the rights of (1) any mortgagee under a mortgage constituting a lien on the Shopping Center at the time of such change unless the mortgagee consents to such change, nor will any change be effective against such mortgagee subsequent to its securing title to its encumbered parcel by foreclosure, trustee's deed, or deed in lieu of foreclosure, unless the mortgagee has consented in writing. No lessee, licensee, or other person having a possessory interest, other than Developer, Block A Owner and the Outlot Owners, will be required to join in the execution of or consent to any act taken in accordance with this section. 13. Not a Public Dedication. Nothing contained in this Declaration will be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purpose whatsoever, it being the intention that this Declaration will be strictly limited to and for the purpose expressed herein. 14. Severability. If any clause, sentence, or other portion of the terms, covenants, and restrictions of this Declaration becomes illegal, null, or void for any reason, or be held by any courtt of competent jurisdiction to be so, the remaining portions will remain in full force and effect. 15. Covenants Run With Land. Each and all of the covenants, restrictions, and provisions contained in this Declaration (whether affirmative or negative in nature) (a) are made for the direct, mutual, and reciprocal benefit of each parcel of land in the Shopping Center; (b) will bind every person having any fee, leasehold, or other interest in any portion of the Shopping Center at any time or from time to time to the extent that such portion is affected or bound by the covenant, restriction, or provision in question, or that the covenant, restriction, or provision is to be performed on such portion; and (c) will inure to the benefit of the parties and their respective successors and assigns as to their respective parcels of land in the Shopping Center. 16, Limitation of Liability. Notwithstanding any other provision of this Declaration, neither Developer nor any officer, member, director, agent, partner, trustee, beneficiary, or employee thereof shall be liable in an individual or personal capacity for the performance or nonperformance of any agreement, covenant, or obligation of Developer contained herein, and Developer's liability shall be limited to Developer's interest: in its portion of the Shopping Center in its then current condition, and in the rents, issues, and proceeds therefrom. 17 Discharge of Rights and Duties U•on Transfer. In the event of assignment, transfer, or conveyance of the whole of the interest of any person in and to any parcel in the 62896.2 Shopping Center in which such person has an interest, without retaining any beneficial interest other than under the terms of a mortgage, without simultaneously acquiring a new interest on such parcel by way of leasehold, life estate, or other possessory interest, then the powers, rights, and interest conferred on such person will be deemed assigned, transferred, or conveyed to such transferee, assignee, or grantee; the obligations will thereafter arising vvill be deemed assumed by such transferee, assignee, or grantee with interest so acquired; and the duties, obligations, and rights of the person so transferring the interest which first arise after such transfer shall be discharged. 18. Headings. The caption headings of the various sections of this Declaration are for convenience and identification only, and shall not be deemed to limit or define the contents of their respective sections. 19, Exhibits. All exhibits referred to herein and attached hereto are a part of this Declaration. 20. Gender and Number. The neuter gender includes the feminine and masculine, and the singular includes the plural. {Remainder of page intentionally left blank} 62896.2 IN WITNESS WHEREOF, Developer and Lot 1 Owner have executed this Declaration as of the day and year first above written. DEVELOPER: KITE MICHIGAN ROAD, LLC an Indiana imited liability company By: coS es Printed: ovQ 1Z. Its: Ci STATE OF INDIANA SS: COUNTY OF MARION The foregoing instrument was acknowledged before me the 28th day of September, 2007, by )Zba..„...4.9.. the CJv.4 v- c.a..- of KITE MICHIGAN ROAD, LLC, an Indiana limited liability c mpany, on behalf of e company. Notary Pub 1 Marion County, State of Indiana Commission expires: 4 CI 62896.2 LOT 1 OWNER: THE NATIONAL BANK OF INDIANAPOLIS a national association By: 0.4.. Printed: et, ckiittl, 5 ,t.4 A Its: STATE OF INDIANA SS: COUNTY OF IA cur The foregoing instrument was acknowledged before me the 28th day of September, 2007, by XA.":. c.ku. S the of THE NATIONAL BANK DI OF INDIANAPOLIS, a national association, on beha f of such entity. Notary Public It1/414" r).14Pj6" dola Marion County, State of Indiana Commission 4P;e 14ototy PutAtc, Side ot in expires: 20 1 Motion Courvh1 s rornIsslon 0(0e NAV 0 7 2012 September This Instrument prepared by Tanya D. Marsh, Esq., Vice President of Legal, Kite Realty Group, 30 South Meridian Street, Suite 1100, 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. Tanya D. Marsh. 62896 .2 EXHIBIT A Shopping Center Legal Description Weston Park Secondary Plat, the plat of which was recorded March 12, 2004, in Plat Cabinet 3. Slide 364 as Instrument No. 2004-16061, in the Office of the Recorder of Hamilton County, Indiana. 62896.2 EXHIBIT 13 Legal Description of Common Area The Common Area in Weston Park Secondary Plat, the plat of which was recorded March 12, 2004, in Plat Cabinet 3, Slide 364 as Instrument No. 2004-16061, in the Office of the Recorder of Hamilton County, Indiana. 62896.2