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Home My WebLink AboutCovenants, Conditions and RestrictionsCOVENANTS, CONDITIONS, AND RESTRICTIONS These COVENANTS, CONDITIONS, AND RESTRICTIONS "CCR are made as of the 1 day of July, 2011, by Sand Capital IX LLC, "Sand Capital an Indiana Limited Liability Company. WITNESSES THAT: WHEREAS, Sand Capital is the owner of a parcel of real estate in Hamilton County, Indiana, more particularly described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein (Lot 30a); WHEREAS, Sand Capital is the owner of a parcel of real estate in Hamilton County. Indiana, more particularly described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein (Lot 31 a); WHEREAS, Sand Capital is the owner of a parcel of real estate in Hamilton County, Indiana, more particularly described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein (Lot 32a); and WHEREAS, Sand Capital intends for each of the above described three parcels of real estate shall be used and maintained as an integrated office park (the "Office Park NOW, THEREFORE, Sand Capital, for valuable consideration, the receipt and sufficiency of which are hereby acknowl edged, agrees and declares as follows: 1. Ingress and Egress. Sand Capital grants to the owner(s) of Lot 30a, 31a, and /or 32a and their tenants, subtenants, customers, suppliers, employees, licensees and invitees of all of them a perpetual nonexclusive easement for ingress and egress over and across the drive lanes located on any or all of said three lots as may be from time to time hard surfaced and designed for the common passage of persons or motor vehicles. The location of the current ingress and egress easements are as shown on the attached Exhibit C. Sand Capital reserves the right to change the location and/or the size of the ingress and egress easements, provided that there shall continue to be ingress and egress to each of these parcels. 2. No Barrier Covenant. Sand Capital covenants that no barriers shall be erected or maintained along the joint property lines between Lots 30a, 3la and /or 32a that would restrict or prohibit access to and from Lots 30a, 31a and/or 32a. 3. Parking. Sand Capital grants to the owner(s) of Lot 30a, 31a, and /or 32a and their tenants, subtenants, customers, suppliers, employees, licensees and invitees of all of them a perpetual nonexclusive easement for parking upon such areas located on any or all of said three lots as are maintained from time to time for the parking of motor vehicles. 4. Utilities and Drainage. Sand Capital grants to the owner(s) of Lot 30a, 31a, and/or 32a a perpetual nonexclusive easement to use such utility poles, lines, cables, mains, drainage facilities including the underground retention system and any lateral drains or lines leading to or from such retention system and appurtenances thereto "Utilities that are located from time to time on, over or under Lot 30a, 31a, and/or 32a. The location of the current drainage facilities are as shown on the attached Exhibit D. Sand Capital reserves the right to change the location of the Utilities, provided that there shall continue to be drainage and utility services to each of these parcels. 5. Maintenance. (a) For so long as Sand Capital shall own either Lot 30a, 31a, and/or 32a, Sand Capital shall maintain any and all common drive lanes, parking areas, landscaped areas, Utilities, any and all other improvements located on any area that is used or available for common use as described herein "Common Facilities and Sand Capital shall take or not take any action it deems prudent and necessary for the maintenance, upkeep, care, repair and/or replacement of the Common Facilities. Sand Capital may pay any expenses it deems prudent and necessary for the maintenance, upkeep, care, repair and/or replacement of the Common Facilities. The owner of each Lot 30a, 31a, and/or 32a shall reimburse Sand Capital for their prorate share of any such expense, plus a twenty percent (20 administrative fee upon such expense, incurred by Sand Capital for the maintenance, upkeep, care, repair and/or replacement of the Common Facilities. Each owner's pro rata share of any expenses related to the maintenance, upkeep, care, repair and/or replacement of the Common Facilities shall be calculated by multiplying the costs thereof by a fraction, the numerator of which is the square feet or percentage of the work performed on such owner's parcel and the denominator of which is the square feet or percentage of the total project on all parcels affected by such work. Sand Capital's calculation and determination of each owner's prorated share for such expenses shall be final and binding upon each such owner. (b) Upon Sand Capital having no ownership interest in any of Lot 30a, 31 a, and 32a, the owner(s) of such three parcels shall each have one vote per parcel owned to nominate a successor company or entity to perform and assume the maintenance obligations and rights described in the preceding paragraph. 6. Waiver of Liability The owner(s) of Lot 30a, 31 a, and /or 32a hereby waive, release, agree to indemnify and hold Sand Capital harmless from any and all claims of any nature whatsoever, both known or unknown, including damage to personal property or personal injury, now existing or arising in the future, that are in any manner related to the common areas upon Lots 30a, 31a, and/or 32a, the Utilities, Common Facilities, the rights and obligations arising under this CCR, the failure to perform any obligations assumed under this CCR. 7. Signage (a) For so long as Sand Capital shall own Lot 30a, 31a, and/or 32a, in order to assure the uniformity of any such signage as well as for any other purposes deemed proper by Sand Capital in its sole and absolute discretion, Sand Capital shall review, approve and /or disapprove any and all exterior signage located anywhere on either Lot 30a, 31a, and /or 32a, prior to the installation thereof. Sand Capital may remove any signage placed upon Lot 30a, 31 a, and /or 32a without its prior consent. (b) Upon Sand Capital having no ownership interest in any of Lot 30a, 31 a, and 32a, the owner(s) of such three parcels shall each have one vote per parcel owned to nominate a successor company or entity to review, grant or deny permission for any proposed signage as described in the preceding paragraph. 8. Rights and Obligations of Successors. The rights of the parties hereto shall apply to, and run with and for the benefit of, and the obligations of the parties hereto shall be imposed upon and run with, the interest of such parties and their successors and assigns from time to time in their respective lots. Upon the transfer of the entire interest of a party hereto in all or any part of Lot 30a, 3la, and/or 32a, by conveyance, assignment, operation of law or otherwise, its rights and obligations under this CCR, excluding obligations then due and satisfied and except as provided in paragraphs 5(b) and 7(b) herein, shall terminate fully insofar as they relate to all or any part of Lot 30a, 31a, and /or 32a in which its rights have been transferred; and the successor, assignee, or transferee of such party's interest in all or such part of Lot 30a, 3la, and/or 32a shall, by accepting such transfer, assume all of such party's obligations and rights under this CCR, except as provided in paragraphs 5(b) and 7(b) herein. 9. Successor to Sand Capital Upon Sand Capital transferring its last ownership interest in either Lot 30a, 31a, or 32a, the owner of each of these three parcels of real estate shall have and cast one vote for each such lot owned towards selecting the person or entity that shall succeed Sand Capital in exercising the rights, obligations, and responsibilities described herein, including but not limited to the maintenance of the common areas as described in paragraph 5 and granting signage approval as provided in paragraph 7. IN WITNESS WHEREOF this CCR has been executed as of the date first written above. Sand Capital IX LLC An Indiana Limited Liability Company Owner of Lot 30A, 31A, and 32A By: Davi• N. Eskenazi, STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State as shown below, personally appeared David N. Eskenazi, a Member of Sand Capital IX LLC, an Indiana Limited Liability Company, who acknowledged the execution of the foregoing CCR for and on behalf of said company. WITNESS my hand and Notarial Seal, this 1 day of July, 2011. William T. Niemier, Notary Public My Commission expires: 6 -26 -2017 County of Residence: Hancock 1 WIWAM T. NIEMIER Notary Public, State County My Co nrMnwn r June 26, 2017 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. e:=;ie Cis.. William T. Niemier RETURN ORIGINAL AFTER RECORDING TO: William T. Niemier, Attorney at Law, 10689 N. Pennsylvania Street, Suite 100, Indianapolis, Indiana 46280 (317) 925 -9011. This CCR was prepared by William T. Niemier, Attorney at Law, 10689 N. Pennsylvania Street, Suite 100, Indianapolis, Indiana 46280 (317) 925 -9011. EXHIBIT A Legal Descriptions Lot 30a in Replat of Lot 29A North Augusta as per Replat thereof recorded in Instrument No. in the Office of the Recorder of Hamilton County, Indiana. This parcel is commonly known as 9660 N. Augusta Road, Carmel, Indiana 46032. Lot 31a in Replat of Lot 29A North Augusta as per Replat thereof recorded in Instrument No. in the Office of the Recorder of Hamilton County, Indiana. This parcel is commonly known as 9650 N. Augusta Road, Carmel, Indiana 46032. Lot 32a in Replat of Lot 29A North Augusta as per Replat thereof recorded in Instrument No. in the Office of the Recorder of Hamilton County, Indiana. This parcel is commonly known as 9640 N. Augusta Road, Carmel, Indiana 46032. EXHlBT A