HomeMy WebLinkAboutCross Reference - Pedestrian Access Easement Cross-Reference
The deed conveying title to the grantor is recorded as Instrument number in the Office of the
Hamilton County Recorder.
PEDESTRIAN ACCESS EASEMENT
This Pedestrian Access Easement (the "Agreement"), entered into as of the 8 day of
December, 2004, by and between The City of Carmel Redevelopment Commission (the"Grantor"), and
Pedcor Office, LLC (the"Grantee"),WITNESSES:
Recitals
WHEREAS, Grantor and Grantee, as assignee of Pedcor Investments, LLC, have
entered into that certain Project Agreement dated December 27, 2002, as subsequently amended
(collectively, the"Project Agreement");
WHEREAS, pursuant to the Project Agreement, Grantor has agreed to sell to Grantee,
and Grantee has agreed to purchase from Grantor, certain real estate located within Parcel No. 2 of the
City Center Redevelopment Project in Carmel, Indiana (the"Real Estate");
WHEREAS, Grantee has acquired the portions of the Real Estate known in the Project
Agreement as the Phase I Site and the Phase II Site;
WHEREAS, the Phase I Site is described and/or depicted on Exhibit A;
WHEREAS, Grantee this day has acquired from Grantor that portion of the Real Estate
described and/or depicted on Exhibit B (the"Phase IIla Site");
WHEREAS, the only portion of the Real Estate remaining to be acquired by Grantee is
that portion of the Real Estate described and/or depicted on Exhibit C (the "Phase Ill Remainder");
WHEREAS, Grantee this day has reconveyed to Grantor that portion of the Phase II Site
described and/or depicted on Exhibit D (the"Phase II West Parcel"), subject to the right of Grantee to: (a)
park vehicles on the surface parking lot currently located on the Phase II West Parcel (the"Surface Lot");
and (b)reacquire the Phase II West Parcel in the event that certain circumstances occur;
WHEREAS, the portion of the Real Estate comprising the Phase II Site after the
reconveyance of the Phase II West Parcel is described and/or depicted on Exhibit E (the "Phase II East
Parcel");
WHEREAS, pursuant to the Project Agreement, Grantor has agreed to grant to Grantee a
permanent, non-exclusive easement on, over, across, and through the Phase III Remainder(the
"Easement")for the benefit of the Phase I Site, the Phase II East Parcel, and the Phase IIla Site
(collectively, the"Benefitted Parcels"); and
WHEREAS, Grantor and Grantee desire to enter into this Agreement;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, Grantor and Grantee agree as follows:
1. Easement Grant. Subject to the terms and conditions of this Agreement, and to matters of
record to which Grantor's title to the Phase III Remainder is subject, Grantor hereby grants the Easement
to Grantee for the benefit of the Benefitted Parcels and Grantee, as owner thereof, subject to the terms
and conditions of this Agreement. The Easement shall be for the sole purpose of pedestrian access to
(and from) the Phase Illa Site from (and to)the Surface Lot by Grantee, its tenants, and the agents,
employees, and visitors of Grantee and/or its tenants.
2. Repair Obligations. Grantee, at its cost and expense, shall: (a) repair, in a good and
workmanlike manner, any damage caused as a result of the use of the Easement by Grantee, its tenants,
or the agents, employees, and visitors of Grantee and/or its tenants; and (b)cause the Phase Ill
Remainder, and the improvements and landscaping thereon, to be restored to the same condition as
existed prior to any such damage.
3. Reserved Rights. Grantor reserves the right to use the Phase III Remainder for any purpose
that does not interfere materially with the rights of Grantee under this Agreement.
4. Insurance. Grantee shall: (a)maintain liability insurance with respect to the use of the Easement
by Grantee, its tenants, or the agents, employees, and visitors of Grantee and/or its tenants, with the
coverages set forth on Exhibit F; and (b) cause the policies of such insurance to name Grantor and The
City of Carmel, Indiana, as additional insureds.
5. Indemnification. Grantee, as owner of the Benefitted Parcels, shall indemnify, defend, and hold
harmless Grantor from and against any and all damages, injuries, losses, claims, demands, suits, and
liabilities that Grantor may sustain by reason of use of the Easement by Grantee, its tenants, or the
agents, employees, and visitors of Grantee and/or its tenants. The foregoing indemnification obligation
shall survive any termination of this Agreement.
6. Binding Effect. The obligations imposed pursuant to this Agreement shall run with the Phase III
Remainder. Accordingly, this Agreement shall bind, and shall inure to the benefit of, Grantor, as owner of
the Phase III Remainder, and Grantee, as owner of the Benefitted Parcels, and their respective
successors and assigns, as long as the terms and conditions of this Agreement remain in effect.
7. Miscellaneous. This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Indiana. The invalidity or unenforceability of any term or condition of this Agreement
shall not affect the validity and enforceability of any other term or condition. Each of the undersigned
certifies that: (a)he or she is a duly authorized representative of Grantor or Grantee, as the case may be;
(b) he or she has been fully authorized and empowered to execute and deliver this Agreement; and (c)
Grantor or Grantee, as the case may be, has full capacity to assume and agree to perform all of the
obligations to be performed by the terms of this Agreement. This Agreement may be executed in
separate counterparts, each of which when so executed shall be an original, but all of which together
shall constitute but one and the same instrument. The exhibits referenced in this Agreement are
attached hereto and incorporated herein by reference.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
THE CITY OF CARMEL REDEVELOPMENT
OMMI 810
Printed:, 7>1/,1Z. 7 �`'1-):`,;6
Title: Vi ce__ re s v-1 4-
PEDCOR OFFICE, LLC
By:
Printed:
Title:
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ACKNOWLEDGMENTS
STATE OF INDIANA )
) SS:
COUNTY OF eult d m)
A� Before me, a Not ry Public in and for the State of Indiana, personally appeared
/�eii4 E C°.tt1 ef-, the Vv-e /teSic/ei fThe City of Carmel Redevelopment Commission, who
acknowledged the execution of the foregoing Pedestrian Access Easement on behalf of such entity.
WITNESS my hand and Notarial Seal this< day of December, 2004.
( B
`f Notary Public/ � //�
Printed Name:`7�71 (<.S CC-1/�l/s/S-CT
I am a resident of /)1(777-e/)County, Indiana.
My commission expires 7/75'20 a 7 .
STATE OF INDIANA )
) SS:
COUNTY OF
Before me, a Notary Public in and for the State of Indiana, personally appeared
, the of Pedcor Office, LLC„ who acknowledged the execution of
the foregoing Access and Parking Easement Agreement on behalf of such entity.
WITNESS my hand and Notarial Seal this_day of December, 2004.
By:
Notary Public
Printed Name:
I am a resident of County, Indiana.
My commission expires
Return after recording to: City of Carmel, Indiana, One Civic Square, Carmel, Indiana 46032, Attn: Les
Olds
This instrument was prepared by Jennifer R. Shoup, Attorney-At-Law,Wallack Somers & Haas, One
Indiana Square, Suite 1500, Indianapolis, Indiana 46204.
INDEX TO EXHIBITS
Exhibit A Phase I Site
Exhibit B Phase Illa Site
Exhibit C Phase III Remainder
Exhibit D Phase II West Parcel
Exhibit E Phase II East Parcel
Exhibit F Required Insurance Coverages