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I L______ ----"'~.1i.t',.:w~-- ------ -_LV"- -E';f;'i,r.L -- -J RANGELlNE ROAD -o-.,nm 00-0 Z I ~::::~8 fTlC~ ~ l/l~:U ~.-;l~z C):u-< ~~~ .." ~g~~ 00-< ~ w-<.....:u ~:A ,..,Il/lg ~:~~ ~~~ ~~~S ~~~ ZfTl-l...., ~~~ nC;;;~ -<0 ~-IVl-< OC -< _d'T] Vl ~~ oono ejU1;:jC Vl-l I"" ~M~I =o";U ~~~Q ....0 CD"'" ~~~~ ~~ ~:t~~ -Iz ;LO r:; ~ ~:r:J :u':J ~~~~ )>I Z"" C)~ 8~~c:j ,..,~ 88 3bQ; ,.., -<-\(J1 )> .~ Vl e e COMMERCIAL-INDUSTRIAL LEASE FOR DUAL TENANT PROPERTY A. PARTIES: CARMEL DEVELOPMENT, LLC ("Landlord") agrees to lease to BARKER LAW OFFICES ("Tenant") and Tenant agrees to lease from Landlord the following property for the consideration and subject to the following: B. LEASED PREMISES: The Leased Premises is commonly known as 650 NORTH RANGELINE ROAD, in CLAY Township, HAMILTON County, CARMEL, Indiana, 46032 including exclusively the front office of the building, and sharing in common with the other tenant the front conference room, rest room, basement, work room, parking-lot and copier and all other improvements located on the property and all easements and appurtenances thereto, which property is legally described as follows: Part of the Northeast Quarter of Section 25, Township 18 North Range 3 East as follows: Begin 32 Rods 7 1/2 feet South of the Northeast corner of said Quarter Section, run West 185 feet, thence South 4 Rods, thence East 185 feet, thence North 4 Rods to the Place of Beginning, Hamilton County, Indiana ("Leased Premises"). C. TERM AND RENEWALS: The initial term of this Lease is for two (2) years beginning on the 1st day of OCTOBER, 2004 and shall continue until midnight on the 30th day of SEPTEMBER, 2006. Provided Tenant is not in default, Tenant shall have ONE (1) option to renew this Lease, each for a period of TWO (2) YEARS. To exercise a renewal option, Tenant shall give written notice to Landlord at least NINETY (90) DAYS prior to the expiration of the term. IF Tenant fails to exercise any renewal option on or before such date, such option and all succeeding options shall no longer exist. All of the terms and conditions of this Lease shall apply during the renewal periods, except that the rent shall be adjusted as provided below. D. RENT: 1. Initial Rent: During the initial term, Tenant shall pay as minimum rent for the Leased Premises the sum of $9,900 per year, payable in advance in equal monthly installments of $825 per month (prorated for any partial month at the beginning or end of the Lease term), commencing on the 1st day of OCTOBER, 2004 and on the 1st day of each calendar month thereafter. All rent shall be paid without notice or demand and without relief from valuation or appraisement laws to Landlord at the address set forth at the end of this Lease, or at such other address as Landlord may specify by written notice at any tie. E. LATE CHARGE: Tenant shall pay a late charge of 50/0 of the monthly rent immediately upon demand if any payment is more than five (5) days late. F. DEPOSITS: Tenant has paid to Landlord, upon execution of this Lease, the sum of EIGHT HUNDRED TWENTY-FIVE DOLLARS ($825.00) as advanced rent for the month(s) of OCTOBER, and $ ZERO (0) DOLLARS as security for the performance of Tenant's obligations. In the event ofa default by Tenant, Landlord at is option may apply any part of the security deposit as may be necessary to cure the default, and if Landlord does so, Tenant shall upon demand reimburse Landlord an amount such that Landlord will have the full security deposit on hand at all times during the term of this Lease. Upon the termination of this Lease, (provided Tenant is not in default and provided damages caused by Tenant do not exceed the security 650 NORTH RANGELlNE ROAD Page 1 of 11 e e deposit) Landlord shall refund to Tenant any remaining balance of the security deposit without interest in accordance with Indiana statute. G. ACCEPTANCE OF LEASED PREMISES: Tenant has examined the Leased Premises before signing this Lease and is satisfied, except as to the following alterations, improvement, repairs, decorating and cleaning to be performed by Landlord: NONE . Subject to the foregoing, Tenant's taking possession shall be conclusive evidence as against Tenant that the Leased Premises were in good order and satisfactory condition when Tenant took possession. No promise of Landlord to alter, remodel, improve, repair, decorate or clean the Leased Premises or any part, and no representation respecting the condition of the Lease Premises or the building, has been made by Landlord to Tenant, except as set forth herein. H. USE OF LEASED PREMISES: The Lease Premises are to be used by Tenant for the following purposes: LEGAL OFFICE AND ALL OTHER LAWFUL PURPOSES RELATED THERETO and for no other purposes without the prior written consent of Landlord. Tenant shall not use the Leased Premises (or fail to maintain them) in any manner constituting a violation of any ordinance, statute, regulation or order of any governmental authority, including, but not limited to zoning ordinances and Environmental Laws as hereinafter defined, nor will Tenant maintain or permit any nuisance to occur on the Leased Premises. Tenant covenants and agrees that Tenant will use, maintain and occupy the Leased Premises in a careful, safe and proper manner, and will not commit waste. I. REAL ESTATE TAXES: Regardless of the assessment and payment dates, real estate taxes shall be deemed for purposes of this Lease to accrue ratably during the calendar year in which such taxes are due and payable. In the event a portion of such year is not within the term of this Lease, such taxes shall be prorated as of the commencement or expiration date of the term hereof as the case may be. The real estate taxes for the Leased Premises shall be paid: [Check the applicable paragraph number below]: 1. By Tenant, to Landlord in full when due in May and November. 2. By Tenant, to Landlord monthly in 1/12 installments of the annual tax estimated by Landlord and adjusted annually based on the actual taxes. X 3. By Landlord, in full when due in May and November. 4. Other: Personal property taxes assessed with respect to Tenant's business personal property shall be solely by Tenant. J. INSURANCE AND INDEMNIFICATION: 1. PROPERTY INSURANCE: During the Term Landlord shall maintain with respect to the building, including all Tenant improvements, a policy or policies of Special Form (formerly known as "all risks") Property insurance coverage (including boiler and machinery coverage, and any other endorsements required by any mortgagee of the Leased Premises) in an amount equal to: full replacement cost. The property insurance need not include flood or earthquake insurance unless such coverage is required by applicable law or by any mortgagee. Such insurance shall include insurance (in favor of Landlord) against abatement or loss of rent, in an 650 NORTH RANGELINE ROAD Page 2 of 11 e e amount at least equal to annual rent. Insurance premiums for the Leased Premises shall be paid as follows [Check the appropriate paragraph letter below]: a. By Tenant, to the insurer in full when due. b. By Tenant, to Landlord in full when due 0 (annually) 0 (quarterly) o (semiannually). c. By Tenant, to Landlord monthly in 1/12 increments of the annual cost. X d. By Landlord, in full when due. e. Other: 2. TENANT'S PROPERTY AND FIXTURES: Tenant assumes the risk of damage to any furniture, equipment, machinery, goods, supplies or fixtures which are or remain the property of Tenant or as to which Tenant retains the right of removal from the Leased Premises, except that Tenant's assumption of such risks shall not extend to any damage caused by the gross negligence, intentional or willful acts of Landlord or anyone acting, by, through, or under Landlord if such risk is not insurable (or is insured but within the deductible amount) under such comprehensive fire and casualty personal property insurance policy as Tenant may maintain with respect to such property. Based on the above, it is highly recommended by Landlord that Tenant fully insure all of Tenant's personal and business property to be located on or about the premises. 3. TENANT'S PUBLIC LIABILITY INSURANCE: Tenant shall, at is own cost and expense, keep and maintain in full force during the Lease term, as policy or policies of comprehensive commercial general liability insurance on an occurrence basis, insuring Tenant's activities in or about the Leased Premises against loss, damage or liability for personal injury or death of any person or loss or damage to property occurring in, upon or about the Leased Premises during the Lease term, with $ ONE (1) Million Dollars in combined single limit coverage. Landlord, its successors, assigns and any mortgagee shall be named as additional insured's under each policy maintained by Tenant. Tenant also shall maintain worker's compensation coverage and any other insurance coverage to the extent required by law. 4. INDEMNIFICATION OF LANDLORD: Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability, penalties, losses, damages, costs and expenses, attorney fees, demands, causes of action, claims or judgments arising from or growing out of any injury to any person or persons or any damage to any property as a result of any accident or other occurrence during the Lease term, or otherwise resulting from Tenant's occupancy, use of or operations in the Leased Premises; provided, however, that Tenant shall not be required to indemnify Landlord for any damage or injury of any kind arising solely as the result of Landlord's gross negligence, intentional or willful act or that of its agents, officers, employees and contractors. 5. WAIVER OF SUBROGATION: Any policy of property insurance maintained by either party shall include a clause or endorsement denying the insurer any rights of subrogation against the other party to the extent rights have been waived by the insured prior to the occurrence of injury or loss. Landlord and Tenant waive any rights of recovery against the other for damage or loss due to hazards covered by insurance containing such a waiver of subrogation clause or endorsement to the extent 650 NORTH RANGELINE ROAD Page 3 of 11 e e of the damage or loss covered thereby. Notwithstanding anything to the contrary contained in this provision or elsewhere in this Lease, neither party shall be deemed to have released or waived any claim against the other for damages to property within the deductible amount of such party's insurance policy. 6. LANDLORD'S NON-LIABILITY: Except in the case of gross negligence of Landlord, Landlord shall not be liable for injury to any person due to the condition of the Leased Premises or by reason of the occurrence of any accident in or about the Leased Premises or due to any act or neglect of Ten ant or any other person. 7. INSURANCE CERTIFICATES: Tenant shall furnish to Landlord upon written request a certificate of insurance as to all insurance required to be maintained by Tenant. Each certificate shall expressly provide that such policies shall not be cancelable or subject to reduction of coverage or otherwise be subject to modification except after thirty (30) days' prior written notice to the parties named as insured's. K. UTILITIES AND SERVICES: Each utility and service listed below is to be paid directly to the provider by the party as indicated: (Check the applicable party) Tenant Landlord X -- X Utility/Service 1. Electrical Service 2. Heat and/or Gas Service 3. Telephone Service 4. HV AC Maintenance 5 . Water Service 6. Sewer Service 7 . Cleaning/Janitorial 8. Trash Removal 9. Lawn/Landscaping 10. Snow Removal 11. Fire Sprinkler System (N/ A) 12. Alarm/Security System (N/A) 13. Other (List and describe here or on an attachment) x X X -- X -- X -- X -- X -- X (NOTE: ANY ITEM NOT MARKED DEEMED UNV AILABLE OR THE RESPONSmILITY OF THE TENANT) L. MAINTENANCE AND REPAIR: During the Lease term, Tenant shall, at its own cost and expense, maintain in good condition and repair the Lease Premises and every part thereot: except for obligations of Landlord provided for elsewhere in this Lease, ordinary wear and tear, and casualty. Tenant shall not be required to make any root: foundation or structural alterations, repairs or replacements to the Leased Premises except as otherwise required by this Lease. Landlord shall allow Tenant the use and benefit of each and every warranty to which Landlord is entitled with respect to any items repaired or replaced by Tenant. Landlord shall be responsible for maintaining the root: exterior walls (except doors, windows and glass), foundation and structural integrity of the building, except for damage caused by the negligence, intentional or 650 NORTH RANGELINE ROAD Page 4 of 11 e e willful act of Tenant or its agents, officers, employees, contractors, licensees or invitees which is not covered or required to be covered under the property insurance to be maintained hereunder. Landlord shall be responsible for major component repairs and/or replacement of the heating, ventilation and air conditioning equipment in the Leased Premises, provided that the need for such repair or replacement is not due to any abuse, misuse, damage or negligence of Tenant or its agents, officers, employees, contractors, licensees, or invitees. M. ASSIGNEMENT AND SUB-LEASE: Tenant shall not assign this Lease in whole or in part or sublet the Leased Premises in whole or in part without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Without in any way limiting Landlord's right to refuse to give consent to any assignment or subletting. Landlord reserves the right to refuse to give such consent to any assignment or subletting, Landlord reserves the right to refuse to give such consent, and such refusal shall be deemed reasonable, if in Landlord's sole opinion: 1. the use of the Leased Premises is or may be in any way adversely affected; 2. the business reputation of the proposed assignee or subtenant is deemed unacceptable; or 3. the financial worth or condition of the proposed assignee or subtenant is less than that of Tenant or is otherwise not acceptable. Tenant agrees to reimburse Landlord for reasonable costs, expenses, accounting and attorney fees incurred in conjunction with the processing and documentation of any such requested assignment or subletting. Regardless of any assignment or subletting, Tenant shall remain primarily liable to perform all of the covenants and conditions contained in this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this lease or to be a consent to the assignment of this Lease or the subletting of any part of the Leased Premises. N. DESTRUCTION OF LEASED PREMISES: In the event of total or partial destruction of the Leased Premises by fire or other casualty insured under the property insurance required hereunder, Landlord agrees, to the extent insurance proceeds are sufficient, to promptly restore and repair the Leased Premises at Landlord's expense within one hundred eighty (180) days. In the event that Landlord fails to complete restoration or repair within such time period or the Leased Premises are so destroyed that they cannot be repaired or rebuilt within one hundred eighty (180) days after the date of the damage or destruction, then either Landlord or Tenant may, upon thirty (30) days written notice to the other party, terminate this Lease. Any insurance proceeds not utilized by Landlord in restoring or repairing the Leased premises shall be and remain the sole property of Landlord. Rent shall abate during the time that the Leased Premises or any part are unusable by reason of any damage, in proportion to the percentage of the Leased Premises which are rendered unusable by the casualty. O. EMINENT DOMAIN: Ifall or any part of the Leased Premises shall be acquired by the exercise of eminent domain or deed in lieu thereof in any manner that the Leased Premises shall become unusable for the conduct of Tenant's business, this Lease may be terminated by Tenant by written notice to Landlord within fifteen (15) days after possession of the Leased Premises or the applicable part is taken. Tenant shall have no claim against Landlord or any other person or governmental authority on account 650 NORTH RANGELINE ROAD Page 5 of 11 e e of any such taking for the value of the unexpired Lease term. All damages awarded for taking of the Leased Premises shall belong solely to Landlord, except that Tenant may recover is moving expenses and any other compensation to which it is entitled under applicable law. F. DEFAULT AND REMEDY: Each of the following shall be deemed and constitute a default by Tenant: 1. Failure to pay rent within five (5) days after the same is due; 2. Failure to pay any other amount when due and such failure continues for ten (10) days after written notice thereof to Tenant; 3. Failure to perform any act to be performed by Tenant or to comply with any condition or covenant and such failure continues for thirty (30) days after written notice to Tenant; 4. If Tenant shall abandon or vacate the Leased Premises prior to the end of the Lease term; 5. The appointment of a receiver to take possession of all or substantially all of the assets of Tenant, unless removed within sixty (60) days. 6. An assignment by Tenant for the benefit of creditors; or 7. Any action commenced by or against Tenant under any insolvency, bankruptcy, moratorium or reorganization law, unless dismissed within sixty (60) days. In the event of any such default, Landlord may re-enter the Leased Premises, take possession of all or part, and remove all property and persons and shall not be liable for any damages or for trespass. No re-entry shall be deemed a termination of this Lease, an acceptance of the surrender of this Lease or a satisfaction of Tenant's obligations to pay rent or any other obligations of Tenant. Tenant's obligation to pay rent and all other sums shall survive any such re-entry, repossession or any termination of this Lease by default or otherwise. Without obligation to do so and without constituting a termination, acceptance or surrender, Landlord may relet the Leased Premises, in whole or in part, for such term and for such sum as Landlord deems appropriate in its sole discretion. Landlord shall be entitled to recover from Tenant all costs of enforcement of this Lease and expenses of repossession and reletting of the Leased Premises, including but not limited to costs, attorney fees, expenses of removal and storage of Tenant's property, care, maintenance and repair of the Leased Premises while vacant, repair or restoration of the Leased Premises to the condition required upon expiration of this Lease and lease commissions payable in connection with any such reletting. All amounts payable hereunder by Tenant or recoverable by Landlord hereunder shall bear interest from the date thirty (30) days after due, or the date advanced or incurred by Landlord, as the case may be, at a rate equal to 12 % per month ("Default Rate"). Q. ALTERA TIONS: Tenant shall not make or permit any installations or alterations of or upon any part of the Leased Premises or any additions to the Leased Premises without first obtaining the written consent of Landlord. Alterations and additions to the Leased Premises shall be made in accordance with all applicable laws. Tenant shall indemnify, defend and hold harmless Landlord from all claims, costs, losses, expenses, and attorney fees in connection with any construction or installation. If Landlord shall incur any additional expenses on account of such alterations, including but not limited to increased taxes or insurance premiums, 650 NORTH RANGELlNE ROAD Page 6 of 11 e e Tenant shall reimburse Landlord for the full amount of such additional costs. Tenant shall, prior to the expiration of the Lease term, remove all of Tenant's trade fixtures and equipment, and if Landlord shall so require, any of the alterations made by Tenant and any damage to the Leased Premises shall be promptly repaired. R. MECHANIC'S LIENS: No person shall be entitled to any lien upon the Leased Premises or the real estate or improvements on or in which the Leased Premises are located, in whole or in part, or any interest or estate in any such property, by reason of any work, labor, services, material or equipment claimed to have been performed, furnished or leased to or for Tenant, or otherwise on account of any act or failure to act on the part of Tenant. Tenant shall neither cause nor permit the filing of any such lien. If any such lien claim or notice shall be filed, Tenant shall cause the same to be released or provide other satisfactory security to Landlord with respect to the same within sixty (60) days; and if not so released or secured, Landlord, at is option may pay up to the full amount of such lien claim to cause its release, and such amount, together with interest thereon from the date of payment at the Default Rate, shall be deemed additional rent due and payable by Tenant immediately. Nothing in this Lease shall be deemed or construed to constitute consent to or request to any party for the performance of any labor or services of the furnishing or leasing of any materials or equipment for the improvement, alteration or repairing of the Leased Premises; nor as giving Tenant the right or authority to contract for, authorize or permit the performance of any labor services or the furnishing or lease of any material or equipment that would permit the attaching of a valid mechanic's lien. S. INSPECTION AND SHOWING OF LEASED PERMISES: Landlord or its agent shall be permitted to enter to inspect or examine the Leased Premises at any reasonable time and Landlord shall have the right in the event of an emergency to make any repairs to the Lease Premises which Landlord may deem desirable and necessary for its preservation; provided, however, that any repairs made by Landlord shall be at Tenant's expense, except as provided herein. Landlord may, during the Lease term, at reasonable times and during usual business hours, enter to show the Leased Premises to others and, except in the case of renewal, may at any time within ninety (90) days next preceding the expiration of the Lease term affix to any suitable part of the Leased Premises a notice for letting the Leased Premises. T. SURRENDER AND HOLDING OVER: Upon the expiration or other termination of this Lease, Tenant shall surrender to Landlord the Leased Premises, together with all other property affixed tot he Leased Premises (with the exception of Tenant's removable personal property, including trade fixtures), broom clean, and in the condition at the commencement of the Lease term, except for obligations of Landlord provided for elsewhere in this Lease, ordinary wear and tear, and casualty. Any damage cause to the Leased Premises by removal of any property shall be promptly repaired by Tenant to the satisfaction of Landlord. Tenant shall remove all of its property as directed by Landlord and, failing to do so, shall pay all costs incurred by Landlord to remove all such property and all other damages, costs and expenses of Landlord on account of such failure. Tenant's obligation to observe or perform these covenants shall survive the expiration or other termination of this Lease. If Tenant shall retain possession of the Leased Premises with the written consent of Landlord after the expiration of this Lease, and rent is accepted from Tenant, the occupancy 650 NORTH RANGELINE ROAD Page 7 of 11 . tit and payment shall be construed as an extension of this Lease for a period from month to month only from the date of the expiration. If Tenant retains possession of the Leased premises after the expiration of this Lease without the written consent of Landlord, Tenant shall pay to Landlord double the amount of monthly rent specified in this Lease for the time Tenant retains possession of the Leased Premises or any part after termination of the Lease. U. NON-W AIVER AND REMEDIES CUMULATIVE: No waiver of any covenant or condition or the breach or default of any covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach or default, or justify or authorize a non-observance on any other occasion of such or any other covenant or condition. No failure by Landlord to exercise any right or remedy at any time available to Landlord under this Lease shall constitute a waiver of such right or remedy as to the same or any other breach or default by Tenant. The acceptance of rent by landlord at any time when tenant is in breach or default of any covenant or condition shall not be construed as a waiver of any default. Landlord's rights and remedies under this Lease are cumulative and neither the inclusion nor the exercise by the Landlord of any such right or remedy shall preclude or limit Landlord's exercise of any other right or legal or equitable remedy available under this lease or under applicable law. v. ENVIRONMENTAL DEFINITIONS AND COVENANTS: 1. Definitions: For the purpose of this Lease, "Hazardous material" shall mean and include any substance, chemical, waste or material that is or becomes regulated by any federal, state or local governmental authority, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and in any other law, ordinance, rule, regulation, or order promulgated by the federal or state government, or any other governmental entity having jurisdiction over the Leased Premises or the building (collectively, "Environmental Laws"). 2. Covenants and Indemnity: Tenant shall not use the Leased Premises for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical, and Tenant shall not cause or permit any Hazardous material to be brought upon, kept, stored, treated, released, disposed of or used in or about the Leased Premises by Tenant, its agents, officers, employees, contractors, licensees or invitees. If Tenant shall breach any obligations under this Lease regarding Hazardous Materials, or of Tenant or any of its agents, officers, employees, contractors, licensees or invitees shall cause any release, discharge or disposal of any Hazardous Material in, on or from the Leased Premises or the building (whether or not Landlord has given its consent to the presence of such Hazardous Material); a. Tenant shall promptly take all actions, at its sole expense, as are necessary to cure, clean up or otherwise remediate the violation, provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld if such actions are required or approved by governmental authorities having jurisdiction. 650 NORTH RANGELINE ROAD Page 8 of 11 f/ . e b. Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, including, without limitation, Landlord's costs to cure, clean up or otherwise remediate the violation, release, discharge or disposal, and all court costs and reasonable attorney fees, site assessment and investigation costs, consultant fees and expert fees incurred by Landlord in connection with any such cure, cleanup or remediation or any actual or threatened civil suit, enforcement action or other legal proceedings resulting from such violation, release, discharge or disposal. The provisions of this Paragraph shall survive expiration or termination of this Lease. W. SUBORDINATION BY TENANT: Upon Landlord's request, Tenant shall subordinate its rights hereunder to any liens of any mortgages or any lien resulting from any method of financing or refinancing now or hereafter existing against all or any part of the Leased Premises and to all renewals, modifications, replacements, consolidations and extensions thereof as well as subordinate its rights hereunder to any purchaser, grantee, new titleholder or assignee of the property, and shall execute and deliver all documents requested by a mortgagee, security holder, purchaser, grantee, new titleholder or assignee to effect such subordination and/or termination of this Lease as the case may be. Consequently, Tenant shall agree to attorn and/or waive and release its rights hereunder to any mortgagee or purchaser at a foreclosure sale or deed in lieu thereot: assignment of the premises or transfer of title. If requested by Landlord, Tenant agrees to execute any documents reasonably required by Tenant or Tenant's mortgagee including but not limited to estoppel, attornment, subordination agreements or release and termination of this Lease. Any said request by Landlord shall be given in writing to Tenant and Tenant's vacation of the premises, if required, shall occur within a reasonable time period thereafter, but in no event later than 45 days after said notification. x. MISCELLANEOUS: 1. So long as Tenant shall not be in default, Tenant shall, at all times during the Lease term, have the peaceable and quiet enjoyment of possession of the Leased Premises without any manner of hindrance from Landlord or any persons lawfully claiming under the Landlord, except as provided for herein. 2. This Lease is binding upon and for the benefit of the parties' respective heirs, administrators, executors, legal representatives, successors, and assigns. 3. This Lease shall be construed in accordance with the laws of the State of Indiana. 4. Any party who is the prevailing party against any other party in any legal or equitable proceeding relating to this Lease shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 5. This Lease constitutes the entire agreement of the parties and cannot be changed except by their written consent. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to circumstances other than those as to which it is held invalid or unenforceable, shall not be effective thereby and this Lease shall otherwise remain in full force and effect. 650 NORTH RANGELlNE ROAD Page 9 of 11 e e 6. At Landlord's request, Tenant will execute any further documents necessary to meet the intent of this Lease including, but not limited to, estoppel certificate addressed to any purchaser or mortgagee, or a subordination, non-disturbance and attornment agreement among Landlord, Tenant and such mortgagee, certifying as to facts (if true) and agreeing to notice provisions and other matters as the purchaser or mortgagee may reasonably require in connection with any sale or financing. 7. Any notice required or permitted to be delivered shall be deemed received when personally delivered or when confirmed as received by facsimile, express courier or United States mail (postage prepaid, certified and return receipt requested) at the address set forth below the signature of each party. The addresses may be changed from time to time by either party by serving written notice. 8. The parties agree that this Lease may be transmitted between them by facsimile machine. The parties intend that faxed signatures constitute original signatures and are binding on the parties. The original document shall be promptly executed and/or delivered, if requested. This Lease may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9. Each person executing this Lease on behalf of a party represents and warrants that he or she has been authorized by all necessary action to execute and deliver this Lease on behalf of such party. 10. If the Tenant is an unincorporated business or is a new business entity, Landlord shall require that the person or persons owning such business sign a personal guaranty securing the performance of Tenant's Lease obligations hereunder, as is attached hereto. 11. If the original term of this Lease is for 3 or more years then for purposes of complying with the Statute of Frauds the parties shall either record this Lease or a Memorandum of Lease with the county recorder's office. 12. Ifrequired, Tenant shall comply, at its expense, with all requirements of the American Disabilities Act of 1990, its rules and regulations. All of the Tenant's alterations to the Leased Premises shall comply with the American Disabilities Act of 1990, as amended, and all regulations issued thereunder. 13. Tenant shall not block or hinder the visibility of any existing advertising sign on the Leased Premises, and Tenant shall comply with all laws, rules, regulations and ordinances applicable to signs. Further, Tenant shall obtain the express written consent of Landlord prior to erecting or placing any signs on the Premises. 14. Tenant agrees that Tenant shall look solely to Landlord's interests in and to the Leased Premises, subject to prior rights of any mortgagee of the Leased Premises, for collection of any judgment (or other judicial process) requiring payment of money by Landlord in the event of default or breach by Landlord of any of the covenants, terms or conditions of this Lease to be observed or performed by Landlord, and that no other assets or Landlord shall be subject to levy, execution or other process for satisfaction of Tenant's judgment or other remedies. 15. The Tenant together with its customers and invitees shall have the right to make joint use of all of the common areas ("Common Areas") which have been provided in the Leased Premises for the ingress and egress, pedestrian walkways and parking lots. 650 NORTH RANGELlNE ROAD Page 10 of 11 e e N.E.COR ~lc. 1/54_18_ 3 lAND DESCRIPTION INST, #9622742 PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST, DESCRIBED AS FOllOWS: BEGIN 20 RODS 7 1/2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; RUN THENCE WEST 185 FEET; SOUTH 4 RODS; EAST 185 FEET; NORTH 4 RODS TO THE PLACE OF BEGINNING, IN CLAY TOWNSHIP, HAMilTON COUNTY, INDIANA. 00 ClOO OF PRECAST CONC. PARKING BARRIER DETAIL NTS o <( o (Y w Z --.J W C) Z <( (Y I I I }=I en.o !'11~ el~ ~I I ) ., P~~~ I _/\~- -, I ~w COR~ - -.- -.- - - -.- _._~9'55'48"E ~E~.lf54_18_3 2610.75'"-- --.-- L~L~C DEVELOPMENT CARMEL 650 NORTH RANGELINE ROAD CARMEL, INDIANA 46032 DRIVE 200 MEDICAL SUITE A CARMEL, I I TREE I ~1. 1")0 8'0 51(0 U1' I I 4' I I I I I I __ _J 48" TREE , --.-- --'--~~~~ci1'~ ---- 1 ~-.25-,- XXxXxx xxx xxx X ~ ><~ x x x ><x .J<x x x x x ~ X X W NE~~V >< ~ x x X ,,'" X x >H<-' XASPHALl x x ~ X ~ ~ x x x x X X ~ X X X X X ~ ~ >~ x ">W YV::. /~. x>< XXXXNEW x X x x x x x X SPOT LIGHTS..L J<. x x x X X X X X X ~ 1/ X ASPHAL Tv,,: y. V v" V-...)< Xv X vX XvX X ><v 'X X X ""II I ~ o ><J:SJ::: X X X X X ~ -POWER .... GR UND "\ X X X X X X X X X X X X X X X X .. . en L1~ TING I X X X X X X X X X X X ] . <...i~ . I ~ X X?x.. X X X X -I' . Z....J .5' . ~ X X X x x x 0. X . 8~ .. 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LI1 nlr--: ~I~ ) - ~~~ ~ ~ 25' - I I I I -----if I ~WCOR~ --.- -- __.__._~9.55'48"E ~E~ 1{54_18_3 261075'" - -. - -- 48" TREE N~'~'.4~'~ --.- -- --.185.00' r-.-- -- --.-- 01/28/0 04-020 - 1 10' GRAPHIC SCALE ~o 2~ ( IN FEET ) 1 inch = 10 ft. PRIMARY PLAT CARMEL DEVELOPMENT. L.L.C BADGER ENGINEERING 117 W. Elm Street Lebanon. IN 46052 (765) 485-0000 Revision Date o <( o (Y w Z --.J W C) Z <( (Y No. I I XIST. 4" TREE I ~I. "l 0 810 51(0 U1' I I I I I I I I I I __ _J ~ASPHALT~ ~ I 4'-j---22 VI ij L ( TIN 23 WALL \6'.~ t -r-. BRICK P 0) ~ SIDEWAL r-.. ..t --l 6' WOOD FENCE -~ ,551 32' ~ 5' ~ ~ S89'55' 48"W -- - . - 185~07 - -.- EXISTING SITE PLAN 12.210 I I I L __.__.__ __.__.__ __.__.__ __ SIZE LOT -O~ I I I I I I I I I .) ~Io 810 Eij (0 zl