CSX LeaseDorothy J. Hancock
MAYOR
�la �
City of Cap
Ms. Susan W. Jones
Clerk- Treasurer
City of Carmel
One Civic Square
Carmel, Indiana 46032
Stephen K. Andrews
CITY ATTORNEY
August 16, 1990
RE: Land Lease - CSX Right -Of -Way
Dear Susan:
rAUG�7J$,)
Enclosed please find our copy of the Land Lease for the CSX
Right -Of -Way. This is the cable right -of -way from the
Communications Center to Civic Square. Please note that we have
a $3,000.00 yearly payment due in January of 1991 for the year
1991. If you have any questions, please advise.
Best regards,
SKA /pd
Enclosures
ephen K. Andrews
City Attorney
1 CIVIC SQUARE CARMEL, INDIANA 46032. , 317/844 -6433 FAX 3171844 -3498
CSXT Form 3014 -Sheet 1
Rev. April 1990
RE - Lease to City of
Carmel
LAND LEASE
THIS LEASE, Made this 25th day of May 1990, between CSX TRANSPORTATION,
INC., a Virginia corporation, whose mailing address is 50C Water Street,
Jacksonville, Florida 32202, hereinafter referred to as Lessor, and CITY OF
CARMEL, whose address is c/o Bleecker, Brody, Andrews & Cohen, 2506
Willowbrook Parkway, Suite 312, Indianapolis, Indiana 46235 hereinafter
(whether one or more) referred to as Lessee:
wITNESSETH: That, for and in consideration of the rents hereinafter
agreed to be paid by Lessee, and of the covenants and agreements herein to be
kept and performed by Lessee, Lessor hereby demises and leases unto Lessee
solely for the purpose herein expresssed, certain vacant and /or unimproved
land, owned by Lessor, referred to hereinafter as the Premises ", located at
Carmel, Hamilton County, Indiana, as shown on Lessor's Drawing marked
EXHIBIT A, dated May 23, 1990, attached hereto and hereby made a part hereof,
and described as follows:
A segment of Railroad's right -of -way extending from the south side
of North Street (STATION 8E53 + 71) to the north side of Grabel Street
(STATION 8901 * 38) as shown in yellow outline on said Drawing
1. USE:
1.1 Lessee shall use and occupy the Premises solely for the purpose of
installing a coaxial communication line and for no other purpose(s).
1.2 The Premises shall not be used for a scrap or junk yard, the
burning of refuse, deposit of debris, garbage, sewage, or waste of any kind,
or for any other unsanitary or unhealthful purposes of any kind or nature, or
any other use contrary to any laws or regulations.
1.3 No portion of the Premises may be used for the transportation,
treatment, storage or disposal of hazardous materials, hazardous substances or
hazardous waste, as classified under RCRA (Title 42 U.S. Code, Sections 6901,
et.al.), CERCLA (Title 42 U.S. Code, Sections 9601 -9657, et al.) or SARA
(Title 42 U.S. Code, Sections 9601(35) et al.), or for any other use of
purpose requiring a federal or state environmental permit.
2. RENTS:
2.1 Effective June 1, 1990, Lessee shall yield and pay to Lessor as
base rental the sum of ONE THOUSAND FIVE HUNDRED U.S. DOLLARS ($1,500.00),
payable in advance from the effective date hereof, through December 31, 1990,
plus any applicable sales or rental tax thereon.
U
CSXT Form 3014 -Sheet 2
Rev. April 1990
RE - Lease to City of
Carmel
2.2 Effective January 1, 1991 the base rental shall increase to THREE
THOUSAND U.S. DOLLARS (53,000.00) per annum payable in advance plus any
applicable sales cr rental tax thereon.
2.3 The payment by Lessee of any sum(s) in advance shall not create an
irrevocable Lease for the period for which the same is /are paid. Lessor
reserves the right to periodically adjust the base rent herein any time after
the expiration of twelve (12) months after January 1, 1991, by giving notice
of such adjustment to Lessee at least sixty (60) days prior to the effective
date of such adjustment. Occupation of the Premises by Lessee after such
effective date shall be at such adjusted base rent. Base rent may be
similarly adjusted annually or periodically thereafter.
2.4 Failure of Lessee to receive any bill for periodic rent, or receipt
of a bill in an incorrect or unadjusted rent, shall neither override the Lease
terms nor excuse or release Lessee from liability or responsibility for the
correct contract rent. Limitation on collection for any erroneous billings or
payments shall be three (3) years from the termination of this Lease.
2.5 In the event any street, sidewalk paving, or other municipal or
public improvements are made on or adjacent to the Premises during this Lease,
Lessee shall pay further additional rent equivalent to twelve and one -half
percent (12.5 %) per annum of the cost of such improvement(s) assessed against
the Premises.
3. TAXES ON LESSEE'S PROPERTY:
3.1 Lessee shall pay the full amount of any and all taxes - State,
county, Municipal and Special, and any penalties in connection therewith -
levied or assessed on account of any improvements placed on the Premises by
Lessee or by Lessee's predecessors except Lessor. If the taxes on said
improvements are levied against and paid by Lessor, Lessee shall reimburse
Lessor the full amount thereof as additional rental within thirty (30) days
after presentation of bill(s) therefor.
3.2 All necessary payment, listing and other duties in connection with
the taxation of said improvements shall be performed by Lessee.
4. TERM:
4.1 This Lease shall become effective the date first written above, and
shall continue in effect unless and until terminated by thirty (30) days'
written notice by registered or certified mail from either party hereto to the
other.
4.2 Either party may terminate this Lease by giving such notice,
without cause and regardless of performance or nonperformance of any covenants
or agreements contained herein and regardless of rental having been paid in
advance for any period, and without any loss or damage to either party as a
result of such termination or cancellation.
CSXT Form 3014 -Sheet 3
Rev. April 1990
RE - Lease to City of
Carmel
5. APPROVAL OF PLANS; MAINTENANCE, REPAIRS:
5.1 Lessee shall not make, or permit to be made, any buildinc,
structure, improvements or alterations on or to the Premises without the prior
written approval and consent of Lessor. Lessee shall provide Lessor with
detailed plans and specifications for any such structure(s), etc., for such
atoroval and consent.
5.2 Lessee shall not create or permit any nuisance in, on or about the
Premises. Lessee shall maintain the Premises in a neat and clean condition
(including proper mowing when. arable). Buildings and other structures of
Lessee erected on the Premises shall also be maintained by Lessee tc the
satisfaction of Lessor.
5.3 All work by Lessee or Lessee's contractor(s) pursuant to this Lease
shall be performed in good and workmanlike manner and in compliance with all
applicable code provisions.
5.4 All consents or approvals of Lessor to construction, alteration or
clearance plans, or standards of satisfaction of Lessor, required hereunder,
shall be secured from Lessor's chief Engineer at the address above, or said
Chief Engineer's designated representative, unless otherwise provided herein
or by separate notice.
5.5 All other notices or written proofs, advice, etc. required
hereunder to be given to Lessor shall be addressed to Lessor at the address.
above, c/o Property Services Department, unless otherwise provided herein or
by separate notice.
5.6 Neither the approval by Lessor of any improvements or installations
made by Lessee or Lessee's contractors, nor the failure of Lessor to object to
any work done, any material used, or the method of construction or
installation, shall be construed as an admission of responsibility by Lessor
or as a waiver of any of Lessee's obligations under this Lease.
6. TRACK CLEARANCE:
6.1 Lessee shall not erect or place or allow to be erected or placed
any buildings, structures, fixtures or obstructions of any kind (including
parked vehicles), either temporary or permanent, on the Premises, within
eighteen feet (18') horizontally of the centerline of nearest track over which
Lessor operates, or less than twenty -two feet (22') above the top of rail of
any track for the full width of said horizontal clearance, unless a lesser
clearance is provided for on said attached plan or the written consent of
Lessor shall hereafter be obtained. Nothing herein shall be construed to
permit any clearance less than the minimum required by any applicable law or
regulation.
6.2 All structures erected over any of such tracks shall be built and
maintained in a manner satisfactory to Lessor. All wires suspended over any
tracks shall be placed and maintained only at the elevations and in accordance
with the standards prescribed by the National Electric Safety Code (NESC).
CSXT Form 3014 -Sheet 4
Rev. April 1990
RE - Lease to City of
Carmel
6.3 Lessee shall not temporarily block any sight view area of any
rail /road crossing on the Premises, by parking or allowing parking of motor
vehicles or any other means, or erect any permanent structure(s) thereon.
7. PERMITS, ORDINANCES, REGULATIONS, ETC.:
7.1 Lessee, at Lessee's sole cost and expense, shall secure all
necessary permits (including but not limited to zoning, building,
construction, safety, health or environmental matters), letters or
certificates of approval. Lessee expressly agrees and warrants that it shall
conform and limit its activities to the terms of such permit(s), approval(s)
and authorizaticn(s), and shall comply with all applicable ordinances, rules,
regulations, requirements and laws of any governmental authority (State,
Federal or Local) having jurisdiction over the Premises or Lessee's use
thereof.
7.2 Lessee assumes all liability for failure to so comply or to secure
necessary permits and shall further defend, indemnify and hold Lessor harmless
from any violation, any penalty, levy, fine, assessment or charge, however
denominated, and all costs of defense of or of compliance with any citation,
summons, order or violation notice(s), including any such citation, order,
etc., issued after termination of this Lease for any act, omission or event
occurring during the Lease term.
7.3 Lessee shall provide Lessor with copies of any permits or
authorizations Lessee obtains in compliance with any laws, ordinances, codes
or regulations applicable to the prevention or control of discharge of
pollutants or contaminants into environment (land, water or air) in connection
with Lessee's use of the Premises. Lessee shall also promptly provide Lessor
with a copy of any notice(s) served upon Lessee from /by any governmental
authority claiming violations of any such law, ordinance, code or regulation,
or requiring or calling attention to the need for any work, construction,
alteration or installation on or in connection with the Premises in order to
comply with any such law, ordinance, code or regulation.
8. DRAINAGE:
8.1 Lessee shall construct and maintain, in accordance with all
applicable statutes, ordinances, building codes, subdivision covenants and
restrictions, an adequate drainage system on the premises or other lands of
Lessee, diverting all roof, stream, or other surface drainage water from the
Premises to the nearest public (or non - Lessor owned) drainage or storm sewer
system, in order to prevent the discharging of such waters upon adjacent
lands, right -of -way and facilities of Lessor.
8.2 If the Premises or any portion thereof is part of Lessor's railroad
corridor or right -of -way, Lessee, during the continuance of this Lease, shall
maintain any segment of Lessor's railroad drainage ditch located within the
limits of Premises. Alternatively, Lessee shall install and maintain the
drainage structures shown on attached print to encase said drainage facility.
CSXT Form 3014-Sheet 5
Rev. April 1990
RE - Lease to City of
Carmel
All such installation and maintenance shall be at Lessee's sole cost and
expense and in a manner satisfactory to Lessor's Chief Engineer. Lessee may
fill in and utilize the land over said installed drainage structures. Upon
termination of this Lease, if required by Lessor, Lessee shall remove said
drainage structures and restore original open ditch in a manner satisfactory
to said Chief Engineer.
SERVICES, UTILITIES:
9.1 Lessor will be under no obligation to furnish the Premises with
water, gas, sewage, electricity, heat, or other utility services and supplies
that may be necessary or desirable in connection with Lessee's use and
occupancy of the Premises. Lessee shall contract directly with any utility
company for such services and supplies, and Lessee shall pay for the same
directly, and shall defend, indemnify and hold Lessor harmless from such costs
or expenses, and shall reimburse Lessor as additional rent any costs of or
charges for such utilities paid ty Lessor.
9.2 Except as provided in. Article 11, Lessee shall not use, for utility
lines or otherwise, any property of Lessor other than the Premises without
first obtaining Lessor's prior written consent and complying with all
requirements of Lessor applicatle thereto.
10. PIPE AND WIRE LINES:
10.1 Lessor reserves the right at all times to maintain existing and /or
to construct new, and to permit others to maintain and /or construct, overhead
and /or underground pipe and /or wirelines upon or across the Premises, and to
use, repair, renew and remove the same.
10.2 However, Lessee shall be responsible for verification of location
of all utilities and for coordination of any construction or excavation by
Lessee with the owner of such pipe or wireline(s).
10.3 Any pipeline and /or wi relines of Lessee crossing under /over tracks
or right -of -way of Lessor must be covered separately by Lessor's standard
wireline and /or pipeline agreement(s).
11. ADJACENT AREA USAGE:
11.1 Lessee shall have to right to use, in common with Lessor and others
authorized by Lessor, existing driveway(s) or walkway(s) or other property
designated by Lessor as means of ingress to and egress from the Premises.
Lessor shall have the right at any time to restrict the use of the adjoining
premises by Lessee to that of ingress and egress, and Lessee shall immediately
cease any other use of Lessor's adjoining premises inconsistent with ingress
and egress.
11.2 Any road crossing of Lessor's track(s) or right -of -way necessary or
desired for access to /from the Premises must be covered by separate Private
Road Crossing Agreement.
CSXT Form 3014 -Sheet 6
Rev. April 1990
RE - Lease to City of
Carmel
11.3 Lessor may also designate in writing other areas for temporary use
by Lessee for access, parking, storage, loading or unloading of materials and
s --'4es.
12. CLAIM OF TITLE:
12.1 Lessee shall not at any time own or claim any right, title or
interest in or to the Premises, nor shall the exercise of this Lease for any
lencth of time give rise to any right, title or interest in or to the
Premises, other than the leasehold herein created.
13. LIENS:
13.1 Lessee is specifically denied the right, authority cr power to
create a lien upon the Premises or any title, interest or Portion thereof
under any state Mechanic's Lien Law or otherwise, and shall so specify in all
contracts let by Lessee for any construction, erection, installation,
alteration, maintenance or repair of any buildinc or other improvement on the
Premises.
13.2 Lessee shall pay all debts incurred to, and shall satisfy all liens
of contractors, subcontractors, mechanics, laborers and material suppliers
arising from any construction, alteration, maintenance and /or repair on and to
the Premises and any improvements thereon, whether by or at the direction of
Lessee, and shall indemnify, defend and hold Lessor harmless against all legal
costs and charges, including reasonable counsel fees, in any suit involving
any lien, the enforcement or removal thereof, or encumbrance caused by the
same, with respect to the Premises or any part thereof.
14. TERMINATION, REMOVAL, COSTS:
14.1 Upon termination of this Lease, by expiration of term or any
reason, Lessee shall vacate said Premises and remove therefrom all buildings,
structures, other improvements and contents thereof, placed thereon by Lessee
or which were located thereon as of the first day of this Lease (other than
buil dings, structures, tracks, other track materials, rail facilities and /or
improvements designated by Lessor as owned by Lessor), all at Lessee's sole
risk, cost and expense. Lessee shall clear all debris resulting from such
removal and shall clear and restore said Premises to a condition satisfactory
to Chief Engineer of Lessor. Such removal shall include the removal of all
structures and facilities (whether on the surface or underground) to ground
level, and the filling of all excavations and holes, which shall be tamped,
comcacted and graded uniformly.
14.2 Such vacation and removal shall be completed by Lessee within the
time specified in any notice of termination or at the latest within fifteen
(15a days after the termination or expiration of said Lease.
14.3 Ucon failure of Lessee to effect such removal, all buildings,
structures cr improvements and contents thereof may, at the option of Lessor,
be considered and treated as having been abandoned by Lessee, and upon the
written exercise of such option by Lessor, the ownership of same shall be
considered surrendered to Lessor.
CSXT Form 3014 - Sheet 7
Rev. April 1990
RE - Lease to City of
Carmel
14.4 Upon failure of Less to completely remove all such buildings,
structures, other improvements or contents thereof, ownership of which, under
the above option, did not pass to Lessor, and upon Lessee's failure to restore
said Premises to a condition satisfactory to said Chief Engineer, as provided
herein, Lessor may remove all buildings, structures or improvements, and
contents and debris, and restore said Premises to the condition a -=a'd, at
the sole risk, cost and expense of Lessee, which cost and expense Lessee
hereby agrees to pay to Lessor on demand.
14.5 In the event this Lease is terminated by notice of either party
(other than for breach or cause), Lessor shall refund to Lessee the proration
of any prepaid base rental plus any taxes paid in advance; PROVIDED, however,
such refund shall not be made when the cumulative total involved is less than
One Hundred Dollars ($100.00).
14.6 At the sole option of Lessor, at or after termination, Lessor may
obtain, at Lessee's cost, the services of an independent, qualified consultant
and state- approved laboratory tc sample and test any visibly - contaminated area
of the Premises to insure that the Premises are returned to Lesser reasonably
free from pollution- induced conditions. However, failure by Lessor to sample
and/or test shall not be construed as a waiver of any claim established by
law, or of any other provision or condition of this Lease.
15. LIABILITY, INDEMNITY:
15.1 Lessee hereby assumes, and releases and waives any richt to ask for
or demand damages for or on account of, and agrees to protect, sane harmless,
defend and indemnify Lessor from and against all claims and liability for:
(A) All loss and damage to any property whatsoever, including
property of Lessee, property of Lessor and of all other persons whomsoever,
placed or stored upon the Premises and upon any temporary usage area provided
under Article 11, and the loss of or interference with any use cr service
thereof;
(B) All loss and damage on account of injury to or death of any
person whomsoever, including but not limited to employees and patrons of the
parties hereto and all other persons whomsoever on the Premises and upon said
temporary usage area(s);
(C) All consequential loss or damage occurring off the Premises
but arising from acts or events on the Premises; and
(D) All costs and expense thereof (including reasonable attorneys'
fees and court costs);
caused by, arising out of or resulting in any manner from the condition,
existence, use or occupancy of the Premises and any adjoining lands used by
Lessee, regardless of cause and whether caused by, arising out of cr resulting
from any fault, failure or negligence of Lessor or otherwise.
CSX Form 3014 -Sheet 8
Rev. April 1990
RE - Lease to City of
Carmel
15.2 Notwithstanding any other provision herein, Lessee agrees to
defend, indemnify and hold Lessor harmless from all claims, costs and expenses
(including reasonable attorneys' fees) as a consequence of any incident
resulting in the pollution of air, water, land and /or ground water arising
from or in connection with this Lease or Lessee's use of the Premises or
property adjacent to the Premises, including any claim or liability arising
under federal or state law dealing with the pollution of air, water, land
and /or ground water or the remedy thereof or from Lessee's failure to secure
and comply with permits required under Article 7 hereof.
16. LESSOR:
16.1 The term "Lessor" shall include any other company or companies
whose property at the aforesaid location may be leased or operated by Lessor.
16.2 All obligations of Lessee under this Lease to release, defend,
indemnify and hold Lessor harmless shall also extend to officers, agents and
employees of Lessor, and to companies and other legal entities that control,
are controlled by, are subsidiaries of, or are affiliated with, Lessor, and
the respective officers, agents and employees of such companies or entities.
17. INSURANCE; LIABILITY, CONTRACT, ETC.:
17.1 Prior to commencement of occupation or use of the Premises for the
permitted use, Lessee shall procure, and shall also maintain during
continuance of this Lease, at its sole cost and expense, a policy of Public
Liability Insurance or Commercial Liability Insurance, naming Lessee as
insured and Lessor as additional insured, covering liability under this Lease.
Coverage of not less than ONE MILLION U.S. DOLLARS ($1,000,000.00) Combined
Single Limit per occurrence for bodily injury and property damages is
recommended as a prudent minimum to protect Lessee's assumed obligations
hereunder. If said policy does not automatically cover Lessee's contractual
liability under this Lease, a specific endorsement adding such coverage shall
be purchased by Lessee. If said policy is written on a "claims made" basis
instead of an "occurrence" basis, Lessee shall arrange for adequate time for
reporting losses. Failure to do so shall be at Lessee's sole risk.
17.2 If Lessee contracts for new construction or structural alterations
to the Premises, Lessee shall provide or shall cause its contractor to
provide, prior to commencement of any construction activity, and maintain
during the period of construction and all related activities, at no cost to
Lessor, a policy of Owner's Protective Liability Insurance designating Lessor
as insured, with a limit of not less than ONE MILLION U.S. DOLLARS
($1,000,000.00) Combined Single Limit per occurrence for all bodily injury and
property damage liability. If the construction or alternations involve an
exposure to train operations on tracks of Lessor, the insurance shall be
written on the ISO /RIMA Form (ISO Form CG- 00 -35, or current) of Railroad
Protective Insurance, with Pollution Exclusion Amendment (ISO Endorsement No.
CG- 28 -31), having a limit of not less than ONE MILLION U.S. DOLLARS
($1,000,000.00) Combined Single Limit per occurrence for bodily injury and
CSX Form 3014 -Sheet 9
Rev. April 1990
RE - Lease to City of
Carmel
property damage and at least a ONE MILLION U.S. DOLLARS ($1,000,000.00)
aggregate limit during each annual policy period. The original protective
liability policy shall be submitted to and approved by Lessor's Director -
Casualty Insurance, at the address above, prior to commencement of the
construction or alterations.
17.3 Lessor may at any time request evidence of insurance purchased by
Lessee to meet requirements of this Article, and may demand that Lessee
purchase insurance deemed adequate by Lessor, but not to exceed the limits of
this Article. Failure of Lessee to comply within thirty (30) days of Lessor's
demand shall be a default subject to termination provisions of Article 14.
Furnishing of insurance by Lessee shall not limit Lessee's liability under
this Lease but shall be additional security therefor.
18. BREACH WAVIER:
18.1 No waiver by Lessor of any breach of any covenant, conditions or
agreement herein contained shall operate as a permanent waiver of such
covenant, condition or agreement itself, or of any subsequent breach thereof.
No endorsement or statement on any check or letter accompanying a check for
payment of rent shall be deemed an accord and satisfaction, and Lessor may
accept such check or payment without prejudice to Lessor's right to recover
the balance of such rent or to pursue any other remedy provided in this Lease.
No payment by Lessee or receipt by Lessor of a lesser amount than the
installments of rent herein stipulated shall be deemed to be other than on
account of the earliest stipulated rent.
18.2 If Lessor shall institute collection or litigation proceedings,
and a compromise or settlement thereof shall be made, the same shall not
constitute a permanent or general waiver of any covenant herein contained nor
of any of Lessor's rights hereunder unless so expressed in writing by Lessor.
No re -entry by Lessor after a breach shall be considered an acceptance of a
surrender of this Lease, unless so expressed by Lessor in writing.
19. SUCCESSORS AND ASSIGNS: LIMITS ON TRANSFER, SUBLEASE OR ASSIGNMENT:
19.1 Except as hereinafter provided, the terms, covenants and
provisions hereof shall inure to the benefit of and be binding upon the
successors and assigns of Lessor and the successors and assigns (or heirs,
legal representatives or assigns) of Lessee.
19.2 However, Lessee shall not transfer, assign, encumber or sublet
this Lease or any part of the Premises or any rights and privileges herein
granted except to a subsidiary, parent or common controlled affiliate. This
covenant shall also apply whether such sale or transfer is made voluntarily by
Lessee or involuntarily in any proceeding at law or in equity to which Lessee
may be a party, whereby any of the rights, duties and obligations of Lessee
may be sold, transferred, conveyed, encumbered, abrogated or in any manner
altered without the prior notice to and consent of Lessor.
19.3 Lessee shall not suffer or permit any other person or corporation
to use any part of the Premises except with the separate written consent of
Lessor.
CSXT Form 3014 -Sheet 10
Rev. April 1990
RE - Lease to City of
Carmel
19.4 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Lease, or any of the rights and privileges
hereunder, or use of the Premises, Lessor, at its option, may terminate this
Lease at any time within six (6) months after such sale, assignments, etc., by
giving Lessee or any such assignee written notice of such termination, and
Lesser may thereupon immediate'. s/ enter and retake possession of the Premises.
Consent of Lessor shall be presumed to such assignment, etc., if no such
termination notice is given.
20. MISCELLANEOUS:
20.1 This Lease is executed by all parties under current interpretation
of any and all applicable Federal, State, County, Municipal, or other local
statute, ordinance, or law. Further, each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other separate
division, or combination thereof, for the determination of legality, so that
if any separate division herein is determined to be unconstitutional, illegal,
violative of trade or commerce, in contravention of public policy, void,
voidable, invalid or unenforceable for any reason, that separate division
shall be treated as nullity, but such holding or determination shall have no
effect upon the validity or enforceability of each and every other separate
division contained, or any other combination thereof.
20.2 In the event this Agreement is part of a package of agreements for
Lessee, this Agreement and all other such documents shall be read as
compatible parts of said package and not in contradiction to each other, such
that in the event of apparent conflict in any duties here /thereunder,
Lessor /Railroad shall designate which clause(s) shall survive or control any
others.
21. OTHER PROVISIONS:
21.1 [X] None
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed, in duplicate, as of the day and year first above written.
Witness(es) for Lessor: CSX TRAM ORTATION, INC., ,Lessor
Q is "V\
Witness(es) for
Lessee:
BY .f514:1X / `
Title: AV/ e s ,4.c/ /4:50-e,
�H - - Fri c
CITY OF CARMEL,
By Al
Title: A/I
Lessee