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.
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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
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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
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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
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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,
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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
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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
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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
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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
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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.
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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.
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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.
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