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HomeMy Public PortalAbout029-2011 - EDC - Extending a Real Estate Lease for Midwest InduAGREEMENT TO EXTEND LEASE This Agreement to Extend Lease is made and entered into by and between THE CITY OF RICHMOND, INDIANA, acting by and through its Board of Public Works and Safety, hereinafter referred to as Lessor, and the ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA, an Indiana non-profit corporation, hereinafter referred to as Lessee. WITNES SETH: WHEREAS, Lessor entered into a Lease Agreement with Lessee for real estate consisting of 382.422 acres {the "Leased Property") on December 18, 1998, which real estate is commonly known as Phase I of the Midwest Industrial Park; and WHEREAS, Lessor and Lessee executed an Addendum to the Lease Agreement, which became effective on January 12, 2001, which Addendum added an additional 166.739 acres to the Leased Property, which is commonly known as Phase 11 of the Midwest Industrial Park; and WHEREAS, the term of said Lease Agreement with Addendum expired on December 31, 2008; and WHEREAS, Lessor and Lessee now desire to enter into an agreement to extend said Lease Agreement and Addendum from January 1, 2009 to and including December 31, 2018, NOW, THEREFORE, the parties mutually agree as follows: 1. The Lease Agreement between the Lessor and Lessee which became fully executed on December 18, 1998, as supplemented by the Addendum to the Lease Agreement which became fully executed on July S, 2001, is hereby renewed retroactively to January 1, 2009 and extended to and including December 31, Contract No. 29-2011 2018, upon the same terms and conditions as contained in the Lease and Addendum, except as otherwise provided herein. 2. The Leased Property, which is the subject of this Agreement to Extend Lease, shall be that real estate described in the original Lease (Phase I of the Midwest Industrial Park) and the Addendum (Phase II of the Midwest Industrial Park), less any real estate purchased from the Lessor by the Lessee from and after the date of December 18, 1998. 3, The parties hereto, and each of there, have taken all necessary action to authorize the execution of this document by those persons indicated below. IN WITNESS WHEREOF, the respective parties have caused this Agreement to be executed on the dates shown below. ECONOMIC DEVELOPMENT OF WAYNE COUNTY, INDk Date: Zi' ��� �'�� By: /I Ti othv G. koWers CITY OF RICHMOND, INDIANA through its BOARD OF P BLIC WQRKS AND SAFETY Date:By. Vicki Robinson, President APPROVED BY MAYOR Date: �— � � � ' I B Y - Sarah Sally L. Hutton, Mayor LEASE AGREEMENT TMS AGREEMENT is mane and entered into by and betfeen the CITY OF RICEMOND, INDIANA, by and dui otigh its Board of Public Works and Safety, herefimfter referred to as "Lessor', and the ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA, an Indiana nonpwflt corporation, hereinafter referred to as "L mee". WITNESSETH: WHEREAS, Lessor is the owner of eertain real estate consisting of 382.422 acres located within its corporate boundaries in Wayne County, Indiana, which property is more particularly described as follows, to -wit: See Exhibit "A" being a part of property f©rmerly known as the Richmond State Hospital property, hereinafter referred to as the `Leased Property", and WMEREAS, Lessee is a duly incorporated nonprofit corporation under the laws of the f State of InclWa, exempt from federal income tax as an orgy cation dwscriw as Section 501(c)p) of the Internal Revenue Code, being a public foundaf vn within the defintion of Section 549(a)(I) of the Lttm W Revenue "e, and WHEREAS, Lessor desires to develop the Lased Property as an industrW pe k; and WHEREAS,, it is the primary purpose of t1w Lessee to assist government is platuiing and implementing economic development projects in a=rdance with all statutory requirements; and WHEREAS, Lessor desires to lease the Leased Pwperty to Lessee pursuant to Indiana Code Section 36-I-1 1-1(b)(7) in order that Lessee MAY develop the Leased Pwperty as m indus- 1xial park, Lease.Lease.; fix`�n� iTmant I i4if9fi MOW, TIjEREFORE, IT IS WT'VALLY AGREM AS FO ,LOWS: 1.. Lessor hereby leases to Lessee the Lamed Property. I 7he t= of this lease shdt be fmm the date of its exec don tinugh December at, 200& 3. Tne Lessee agrees to pay rent in the total stun of zen Dollars (�l0.00) far the term, of 1he lease, to be paid in advance at the 6me of executi= Of this lease. This lase SWI terminate in tho event any of the following should occur: (A) lessee sal be dissolved; (S) Lessee shall not be exempt from federal t�x under Section. 501 of r intem'g R'Cvenue Code; (C) Contract of Lessee wiffi Board of CtyMMIsszoners of WaYne Coumty -for county -wide economic development is canceled or terminates; (D) Statutes o€the State ofTztdZmu�, provis ow ofthe Internal Revenue Cade or re0ations =ke it dis4dyantageous, fcrr le 's to covtinM ljuon above to ation, Lessee'shail immediately sutrendcr ppssession of and =wfer any imt st in the Leased Property to LMsar in its condition at that time with Lessee to receivo no compens on &any amount or'l ind for any -reason including iMprovements to the LMed prOPMty, dtuing the tM. of this le e, by virtue of such termfination. 5. Duftg the term of this Ice, or any exoAsion or renewal thereof; Lessee shall have the right to sublet the teased premises or ally part thereat upOn 2 Lease Agreement 1210719E terms agreed upon. by Lessor and Lessee. In the event that all or part of the Leased Property droll be sublet by Lessee, the rent payable hereunder by Lessee to Lessor, shall increase in an amount wlaxch is equivalent to that payable to Lessee under ataxy and all subleases, and be payable to Lessor an similar dates and tunes not more than ton (1 Q) days after receipt of rent from any subtenant. 6. During the tern of this )ease, or any eXtension or renewal. th=of, Lessee stall have the tight to purchase any part or all of the Leased Property, in one or more parcels at one or more times, upon dirty (30) days prior vvri# text notice to Lessor. The pxrahase price for all or any part of the Leased Property purchased under this paragraph shall be that agreed upon by Les- sor and Lessee 7. Lessee and any subtenant of the Lessee shall be allowed to make substan- tial alterations to -to Leased Property provided that written consent is first obtained from Lessor coupled with evidence of fimcial responsibility. Lessee, upon purchase of all or any part of the Leased Property, may sell it to a third party upoxi tezins agreed upon by Lessor and Lessee, whid a terms will include the first right of the Lessor anchor Lessee to repurchase any undeveloped real estate from the third party purcbaser, at the original price sold to said dhircl pwty purchaser, if all or any part of such property is offered for sale by said third party purchaser to any caber party or if said property is not developed. within text. (10) years air putvhase. 3 Lem Agreement 1:�ID7l48 9. During the tern of this lease, or any extension or renewal thereof, all pro- ceeds of tho gale of all or any part of'the Leased Property and rent: prac zeds received under any sub -lease agreement shall be sgrately identified and held by Lessor of used for the cost of inswing all public roads, railroads r and unties to service the Leased Frop y: After the oonstrmfion and payment for all public roads, railroads and utilities serving the industrial park, any unexpended proceeds shall be used first to repay debt incttrred in development of the industrial park, seeond to reWM the initial capital investment for infrastructure (exclusive of all federal and state grants) to all parries contributing 4beeretD in proportion to their contributions and third, the excess (exclusive of all federal and state grants), if auy, shall be paid to those entities contributing to the original purcle of the land in proportion to their contribution. I0: Lessor and Lessee acknowledge that a significant basis for eMrg into this Lease is to allow aW require Lessee tq implement and manage tine development of the Leased property. In conjunction therewith, the parties agree that notwithstmdiing the tm year urra of the Lease desed d herein, in the event Lessee fails to MateriWIY perfoz n the duties associated with such. development, Lessor may, aft six (6) months' prior W ittm notice to Lessee specifying each ground for default, declare Lome in dealt for purposes of early termination. If Lessee fails to cure such default within the six (6) month, period following receipt of notice, Lessor may declare this Lase tsrmi ted. and upon Lessee complying With the trams of 4 Lease Agreement 12107/98 Paragraph 4, above, then such termV=tion small release and discharge all further obligations of either party P=uat t to the terms of this Lease. 11. in the event that Lessor small exercise its option to purchas; an additional 171495 acres, also known as a part of the F&I=ond State Hospz-41 prop- e ty, lying west of the Leased Property and more particularly described in Exhibit "B", the parties hereto agree to amend this Tease agreement to include said acreage as part of the Leased Property under this agreement. 12. This agreement may be executed in one or more oonmterparts, each of which shall be deemed an ori&al, but all of which together shall constitute one and the same instr=ent_ 13. This agreement supersedes all prior agreements, Graf and writton,, among the parties hereto with respect to the subject matter hereunder. 14. Should any provision of this agreement, or the application thereof be held invalid or uzentomeable by a comt of rormpetcnt jurisdici on, the remainder of this agreement or alternative applications thereof; other than the provi- sion(s) which shall Have been invalid or unenforceable, shall not be affected thereby and shall continue to be valid and wfoxcaeable to the Test extent pcm-deed by law or equity. 15. The pales hereto, and each of them, nave duly approved the execution of this agreement by the persons subscribing below. 1b. Any reference herein to action (e.g. "approval" or "Consent") by Lessor shall paean approval or consent by the City of Richmond acting (rough its Board of Public Works and Sa dy. 5 Lease A��er�err ,17�471�8 17. Lemr reserves the right, after reasonable notice, to enter upon the Le ed Property for purposes of inspection, subject however, to the rights of sublessees. 18. All rights granted under this Lease Agreemmt am contiagent upon Lessor obtaining fee maple title to the Lewd Property. 19. it is a&=d that the Leased Property dull be encumbered by nsuiuflve covenmts, mutually weed upon by Lessor and Lessee, which covenants shall be recorded as socu as practicable air execution of thin lease and before the execution of any sublene agreement. IN WrMSS NVUEREOF, the respective parties have caused this agreement to be exe- cuted on the dates sho wm below. ECQNONffC DEVELOPMENT CORPORATION; OF WAYNE COUNTY, INDLkNA Date— JamM ffiz ,v CITY OF APPROM BY! Date1. its EX1i"XBiT "A" (Part 1) For Wayac County Economic Developmeut Corporation 238.420 Acre Tract (North ofRi- Iroad) Situated in the Scurd` em Paid Southwest Q arters of 5=iori Three (03), and the Ncrth and Northwest Quavers of Sean Ter, (t0), aR in. Tautts'' p Sbct= (16) Nar-h, Ra 60e Fomte-ten (14) Eas; Centc, 3 o ,nship, City of Fichinond, Wayne Cowuy, %liana, includhig pars of a 33.79 acre tract. a 3O.00 acre tract, all of a 38.19 awe. tracx as described. is Deed Records Volume 136, Page 451, part of'an 87.00 ac7a tract desc�taed,in Deed Records Volume 150, Page 563, 4 of a' 10.4I acre tract described is Deed Re~ords Volume 173, Page 420, part of a tract des&€'bed in Deed Reeards Volume 13i, Page 337, .and part of a 110 =r- tract and a 40 arwe tract des=bed in Court Order Book 38, Page 67, and part of a tract cle-�ed in Deed Ramrds 'Volume 152, Page 43 in the odicc of the Wavne, Counry Recordeds Ofc: bein more garliag xiy desc6bed as fbHows: Cmmencimy at a P.1-. nail mind at: the southwest carve., of said Southwest Quarter, in Routed Barg thence North O(f 26' 56" West 9.0 i fee. alarm, the went nine of said Scuthw= Quarter, in said road, to a pount on the north r g7h-of-wzy of the N eAti &: Wes~em Raflrc4 30.00 Feet perpendiaAar to the c.-^te.-.ue of the t' " =in 3za , said iat b&s the Tpm dour OF BEem-wo for the n,;t be: ea d=-bed,:witness an koon pui Set icy 63° 2T 35" East 33.82 few thence coaraibkLk North OW 26 56" West 723.43 feet along the, west line of said Southwest Quarter, in said mad, to a road spine set; thence North 8V 3-7.04" East KW fwt aloag a gew division liner to a point the -ice North 7r 04` 29" F=c $37.42 feet along the south limited access righr-of-wav of EntersEate 70, to a steel comer pest fbr thence Noah 720--OT O0" East SOD feet Won .said tight -of way, to a steel caner 9= found; thence North 72`! IS' 32" Eist I3.97 feet along said 6&--of-way, to an halt gin set in M wisting fence, thenm South Ir 01' 50" East 64.00 fed along the west lisle of a 0.142 acrt tract described in deed "l�eccsrds Vol me-29?, Page 36?, to as iron pin set; EXHI$1T "A" Wayne County 238.420 Acre Tract pale 2 of 4 thence Nor'di TP 59 10" Ear 90.00 feet alone the south lne of said 0,142 acre tracts to an iron p' set; theree North 12Q 01' 50" Wiest 73.00 ►"eet along the east line of said 0.1.42 acre tracto an iror.gin set In a fence-, thence Naorth M* 15' 3 " Ezzt 17 0 #eat along sand dght-o£ may, toast i corer past found; thence North 7 r 4#9' 501, 31.91 feet along said light -cif wkv, to acorner gust found; then ; o th r' 33' 02" Eas,1563.35 fex along, said right-of-way, to a. stee =,= post fb=d-, thence North 82 34' 151 East 1054,21 feet along said right-e way, emermg into said Southeast Q=te; to a ste�d cone* post fntmi; thence South 3r 00149" East 23106 imet along said fight -of way, to a ste-J corner (lost found: thence North 7 r' 30134" East 499: I4 fed along said d&-of-Way, to a stee-,I comer post bond; thence Worth Of Z' 53" East 04,7.5 feet alotG said dght wq, to a SteYl corner por. fob; thence, North 67' 37' 14" East 405.61 feet along WW 6#t-cif gray, to a M�el roarer PrW, found; tt ence Forth 77° 42' 34" Ease 51S.64 feet alox $9d xi& -cif -way, to a pb1-it, Witms an iron. pMMond South 02" 45' 4a" Ear Q 5o fit; thence South Or 45' 45" East 373.89 feq along the west lino of a 4.456 a= tract d#sscnlxd €it Deed R=rds Volume 417, page 44 to an iron pipe found; thence Werth W 18' t 9" East 45Z.24 fimt along the south line of said 4.456 xrm tract, to an iron pipe found; thence South Oe 59` 2e4" East 249.95 feet along, the south right-of-way of 7nterstare 70, to an iron pm s� thence North 88' 2111311 East 20.50 few along 4 new division One, to a. r4mad spike sae Wayne Cw* 238.420 Acre Traci Page 3 of4 thence South 0 E° 3847 East 1122.86 feet a1043 the east Eire of said South=z Quarter, in Salisbury Road, to a copperweid monwmem %und at the somhe= corner of said Southeast Quart=- thence SOUth 8V 7653a West 1756.12 feet along the sotlitre ofsaid Scu tease Quarter, aIV being the north Untz of a 1,099 acre tract d%cnibed in D Cd Rewords Volu=n 477, Page 9S2, and a 50.175 acre .7c�aa described in Deed Rewords Volume 436, }gage 12, to a point, witness a mmdaae bolt found South 000 27 i )" Gssz 1.59 fw:, tahcr,cs Snurh 004 27' 12" East 1244..34 Pea: aJong the west line of said 50,175 acre trace eme-jng into sad itiQrtll St Quarte: of Sewn 10, to an iron pint found: thenca Ncch 39" 0623" ,mot 603.90 feet along the south be of said. 50. x7S acre trod, also being the north Hne of said 10,41 awe tact to an iron pier set, witness a. woad carje~ pas bund South W 00, 19" West 3.23 few thence South. W 05125" Ea5t. 615_ 11 few alon; the east line of said 10,41 acre t ,, also being the west line of a 14?51 acre awt descrioed in Deed Re -cords Volume 408, Pane 48-4, to a s s pipe fvua the -Ixe South OCP I P 50" W= 307.06 feet &long the e= fine of said 10.4E acre uacti also �Ong the ww lj ne or a 4.00 acm trap~ demibed is Dead, RA=rds Vvlume 367, Pie, Sat and the west line of a 4_00 acre tract descnaed in Deed RL-cords Volume 404, Pace 470, to an iron pm se; witness a wood corner post found North W— W Dot` Easy 2.3 thcrice North. 63 22' 35" West 4757.73' feet 4oug the north rj -o£ way of the Worfak`& Western. woad, 30.00 f= P=aidicuk to the cem&fine of the ai5* main t ell enteTin", into said Nt orthwest QtzarTa of SeM'aa 10, to the POa of• .fig; Contank ? i8<.420 aaes4 more of less,, being 65.0;1 acres, more or less, in the Sautfiwest t ier of"Seet an Q3, $5,574° ages, more or less, in the Southeast Quarter of 5e ion 43, 44.0228 arcs, more or less: in the Korthwc Qtr cr of Sectibti 10, :and 4a.787 acres, more or less, in the Northeast (darter of 5=tiv t 10, big s4j = to the 1994 ri-*-,of wa)r of the public roads, the ;legal right-of-way of the Men lkch, and any I ersemm ofpxcord. R .... -5,+ mgs for Che G. ova d--:= char z a base- upon, y+;a.�i y, wa Pfpe - C owar r--za CctrzY Gab�c �c [ r e - 4c3E=, z:d CPS CIOi5. the 6sC.va d=.-:Mr'.on an 53 inca4 'b 30 r E=EFcrL 0,538 a al=a 236A20 a=a t--&t. A part eZ7 the east half 0¢ `. !!e Southeast quA te, 9l! S,Imto% 3, Towrsh:'.; 15 k{.0r.:h, aan5m 14 Zav:, t.2,^.LaS Towaship,-,_way-mi couft G;r, :=-A..; aga, ama be:.:;q Mori CzMMO ;wing at & sail. -mad spree MaXkiag the sou ha,.st aa«ne_ of sa:14 halt qua._tas Sec;.=n:r; and thence =Umq,.,ag 90=h' ors a_ d alaag the ea$t line oi said ha3,w qua=zaa sect oa, L371.60 feet to a: :rqa na —41; t;%4z d rumiAl west 35.00 fee- to an .t„;on give s,gt in the ire M44 ly ,igh —of-wary: line of Srtwirstate E:.ghwa it ftgbaM 70, said ni9e marking ':t:t& point of hegiaaiagf t#4ndib tiuianirg 5oanh 04 dagrees *4 a_€kutes 04 seCaMda rat$!: along said rig#t-of-way iiae 225.(30 taetx thence wAnaing Vest ICC.27 t4ett :her;aw rn=14.5 Scrth 44 GTE cans 1.4 m-u--as OG secondz V4%t p4ra.3,lei with and at a �e:Flared'.c:,ar �istartca o� I.QE3.Q� ;e*t from said right-of-way, Line 22w.J0 feet to a potat in the xot h y ae 0! as, GeMtcxin 4.456 ac.e tract; thence M=nimq east alor:g sa:d mouth 3iTe 100-27 !eat tC an ixon tripe ma.:kjAq the 54uth fiag: gormac thageof aad also markAg . the 90iat 0-4 bagsaai�g. ' CQnt4iAing 22,560 750 squares -fee: Gr 0.5113 o'.�e an acre, Mare ar Less. TOTAL AOTAGE EXHIBIT "A" (Part 1) 237.902 EXHIBIT nA" (Paxt II) DESCRIPTION For Mayne County Econonik Development Corporation 144.523 Acre Tract (Soot]]. of Richmond) Situated in ttse Northwest and Nore= Qsarte:s of Section 'Tan (10), 'Townsl ip Sbaem (145) forth, Range Fourteren. (14) Fast, Cis w 'Township, City of Rini pond, Wayne Cain, MxM,, fficlusing pum of a IC52 aaa tract descn`bed it Dacd Records Volume 137, Wage 191, part of 110 acre trAd and a 40 acre tract desertbed is Court Order Book 58, Page 67, a taut de=dbed in Deod Records Value 137, Page 337, and indzftc.; all of a 0.13 acre tract doaled in Oe�d Records Volume 17a, Wage 424, in the office of the Wayne County Recorder, being more partic iwf y descaiibed as follows: BesinLs at an. iron pin fowid at the southwest corner of said Northwest Quarter, in the intmsec tan of Cesar J'acloan Road and Round Bast Road; ttrenco North Ott° 5t` 56" West 2597.67 feet along tie west line. of s6d Northwest QtZ% , in R.omd Barn. Road, to a riktad spike sd; thence South 6.34,�1' 35" East 4569.57 feet along the south. tidy-ofv of the Norfolk and Western RmIro ad 30,60 fed perpep,*aAr to the centeriiste of the ;ds&g r tacit, eatering into said Northeast Quarter, to an kon pia x these Soutft 06a 43' 11" Ei& 509.34 -fed along the west line of a 4.73 acre tract de=ibed in Iztmmeet Nor 199610193 i, to air iron pipe ibund:, thence South 89" 25' 38" Test 1337.59 feet along the south Unc of said NOrihtut Quarter, in C=r Xaclmon Road, to a coppenueid matitmma -found at the souhf west carnet of said ?northeast Quarter, thence South 8V Z5' 16" West 2713.89 fit along the south lineof said Norrhwm Qraum; in Craar Jackson Road, to the point ofbeonRing, containing 144.523. aces, more or lew, bek4 118.558 Acycs, more or Iess, in the Northwest Qe=er of Searon 10, and being 2.5 965 aches, more or less, in the Northeast Q after of Section 19, bed subject to the legg Tigbt- &v� * of tho pubs c roads, the Iegal nght-cif way of the t7S4m D=k an easmmt Vwted to P chmcmd power & sight, Deeds Records Volt= 475, Page 273, and any other IeO easements of rmord. WZYM Cmmiy 144.523 Am Tract Pia 2 of 2- ]Bearing for the above de=j-otion are based upon the State Plane Comikuvz System Per Wayne Cotmty, Gobajpc,ida,ir,S Mj,,,p=tS Gp S 0014, and GPS 0015, Iron p7ms sat in the above desaiption am 51M inch by 30 inch rdr4xt!N md, with alumin= cap shaped "Kraemer, Eaton, Richmond". Siuve* and preWed by Douglas E. Kramer, Revered Stuveyor:VAS0413 on Apra 4, 2996, as shown can, DmwingF-450, byKerner & AssodatesZazon, OHa andRichmond, Ulm l MMMON FOR Cr' OF RICl MOND 166.739 ActeTrad Sc a 4.356 A= Tract SituaWd in the I dIrA a Quwter of Sew Nine (09) , arA ft Smffieud Quarter of SecEfon Paw (04), Tcwnstdp 5ixt (16) Nat* Raw F (14) Fast, Cezfer TOWT ship, Way Q"' Irdaw, bwlud* part of a W 4= tract, pait of a 10 wre fret de set fit poed Regard Volume 1:38, ra&a 4511 Aw pat of a 47 acne 4mcide= in also R=ords wolumt 137, Pq$a191, � of a 100 acre Uva desmibed in D=d Rids �V`oittnte 144, Page 3771 in she oi% of the ww Cwnty Romer, and being mre partkaY dm-nbed as followT. Miag at att inm pin turd st the 5oudw.& t Corner of the Northeast Quarter of 3=60n 9, in the Mtrwctba of Rour'd Ba n Rrwd. andcaar-jack3onpDOA flunm Smth 891,15137" Wcst 2545.27 ahn the south line of said Northeast Qv stet, itt Gaar- 3ackan Road, to a railroad sgMe found at the Southwest Corner of said Northeast Quarter, the,= North 004VID" East 2649.84 feet along dte west ltnc of said Nmthcut Quartet bc'li» CIS[ a stone f wid at the Ivarthwelst Comer of said Northeast Quarter, a1w. being tite SauOmest Corner of the Soadut&jt Quarter of wfian 4; thertee North 01-211060 West 221-48 f"t,alons the west lines of said SoOteast Quarter, to a, pain# on the south right of way of inkTstate Rife" 70 a== Motor 7904414V East 174.28 feet along said fright of way, to 9, point; thmcc Nqa h 7&°38'3S" 3oo.04 fcct akm% said :right of way, to a paint; theme North w27,4[1" Ust fi 0.75 feet along said right of way, to s point; t1wace North 7M 3027" Fast 457.91 feel aloes said r*t of way, to a point; thez.00 South 6302M.9" East M.53 feet aiag the =th=sterly right of way of the Norfolk and Western RwIroad, w an Ixon pipe nd r t wM— Sao* OQos.ol35" ZaA 1201.22 feet slog the west iirie of a 9.241 S= treat dMrIbOd in 1 uft u nt' No, 1 �9�14979, to an its pipe foand; theMo Nodh g 1'81" 1 t $21.29 feet along the:south line of said 8,241 acre tract, to a•p�t on the egn Brae of said- northeast qua rter of Section 9 ' wits an -inane pipe, f nd South 8�I'31'r 'west 24M feet•, thcr= South 00o51'36" l',ast:1564.tt2 felt slang d east line of said Northeast Qgarber, ing-ound Dam Road or n = air kp r r, t Saut '` C uar r of SecE n 4, aa�a w ng 4 si s a ins, mazy: + Jess, in the Xortheasi QsrsrEer of Sechan €acing sitb3ect b the vvay of the,pal c sds S' easentctets Qf reco� ,Also a #root sifusi$d fil the Southeast. Quxter of Section Favr (04), ` awnship Sdc6een (1 9) Nb* RAW £barter. (i4) . ;'Center,T wnsMy �` �kYs I mo, k�i� part`of a !n' l Winds Yoit nfe 13G,: a 451, sn`t! a of the W�yr�e Gvuttty ilecofi r, leg awre pariicEtly iicsc,�`l as fe�llowsi EXHIBIT "B" cji r of U, b-zond par 2 of 2 1 ".739.4 4MG ACM TrAd COMMencilig at the Saugl!_-ag Corner of said SbuffiesA QUaMr, dwwd North 00,2060 West 9C4.71 feet along thesA line of skid quarter, in Round Bain R04 to THEiWkFowr : BWINNqNC. for t�z tract hemil d=nivd; or tjwnca South 3,op Wt-,&t 16.50 feet akn4 the north rW. of way of lntcrstatO RouW 70, to 9 Onk, jhe= South MUIV West $73-51 fwfA10v9 said right & way, to a Pont`: thence South 7 7*5S'5V W0d 377.27 feet 31003: Said righter way, try a PO'nt; W thence North West 270.85 f�et along I West line Of said acre truct, to a wood pc* kund; theme North &9vS;70"East I25 S5 feet aloe a north line Of MW GO acre LrAct, to a P041t; tht:nqc South, OM,6'SV' East 41.4Z &at AjortS, the egg IjIm of said quarter, to the point of boginniv& ubHc Cz#faiving, 4,356 acres, more or 11�Azlvft &*t:ct'tc thekVI Tratof way of ow P 1 oad any went of record, EL-arer.W. for the ab:,w de=iPtiOn are bxmd uVon the state, Plane Coordin� SY�M per Wayne C,OurAy I G10hal pasitiorft, W%th"ts -GPS:0012 and GM 001-3. % pkm set in the aWft deign am 5/8 inch by 30 inch TeWOrdV8 roLi VA& ahun'n= CAP *MW ed by Dw�&Iw E. &=W� RI�9*10 POI$6MA surveyar MW:.Ori jaiulky 5, ndifA*4,;vr re,"MOWA A.j t, fbaf -101 Nofotamm aree; Uto?4 Oh* ADDENDUM TO LEASE AGREEMENT THIS ADDENDUM is rnade and entered into by and between the CITY OF RICHNIOND, INDIANA, by and throu;h its Board aC Public Works and Safety, hereinafter referred to as "Lessor." an the ECONOMIC DEVELOPMENT COU01- TION OF WAYNE COUNTY, INDIANA, an Indiana nonprofit corporation, hereinafter referred to as "Lessee." WITNESSETH : WHEREAS, Lessor entered into a written lease agreement with Lessee for certain real estate located within the Lessor's corporate boundaries in Wayne County, Indiana; and WHEREAS, said lease agreement was ,fully executed by all of the parties on December 18, 1998; and WHEREAS, Lessor has acquired an additional :171:95:. acres from the state of Indiana; and WHEREAS, the parties now desire to amend the December 18, 1998 lease agreement to include 166.739 acres of additional real estate as a part of €he leased property, NOW, THEREFORE, the parties mutually agree as follows: 1. The December 18, 1998 written lease agreement between the parties is hereby amended to include an additional 166.739 acres acquired by Lessor from the state of Indiana by quit -claim deed dated October 23, 2000, and recorded in the office of the Wayne County Recorder on January 12, 2001 as Instrument No. 2001000516. Contract No. 78--200I 2 3 5 That the additional 166.739 acres of leased property is more particularly described as fol[os: See Exhibit rk That this Addendum constitutes a modification of the terms of paragraph 1 t of the original lease insofar as an 4.356 acre tract of real estate, Formerly occupied by the Richmond State Hospital has been acquired by Lessor but is not included in this Addendum. That this addendum shall relate back to January 12, 27001 and become effective as of that date. The lease agreement entered into by the parties as of December 18, 1998 shall remain in full force and effect except as specifically modified by this addendum thereto. IN WITINESS WHEREOF, the respective parties have caused this agreement to be executed on the dates shown below. ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA Date: f CITY OF..RICHMOND, INDI:ANA through its O tBLIC WO AND, FETY F 1 By. r. Ro i t B. Goodwin, Chairmanrx ,. APPROVED BY MAYOR fi E Date: I DESCRIPTION FOR CITY OF RICHMOND 166.739 Acre Tract Situated in the Northeast Quarter of Section Nine (09) and the Southeast Quarter of Section Four (04), Township Sixteen (16) North, Range Fourteen (14) East, Center Township, Wayne County, indfana, including part of a 60 acre tract, gait of a W acre tract described in need Record Volume 136, Rage 451, also part of a 47 acre tract described in Deed records Volume 137, Rage 191, also alf of a 100 acre tract described in Deed Records Volume 144, Page 377, in the office of the Wayne County Recorder, and being more particularly described as follows. Beginning at an iron pin found at the Southeast Comer of the Northeast Quarter of Section 9, in the intersection of Round Barn Road and Gaar-Jackson Road; thence South 89016'37" West 2605.27 feet along the South - line ;of said Northeast Quarter, In Gaar-.Jackson Road, to a railroad spike found at the Southwest Corner of said Northeast Quarter; thence North 00°03'10" East 2649.84 feet along the west line of said Northeast Quarter to "r-" on a stone found at the Northwest Corner of said Northeast Quarter, also being the Southwest Corner of the Southeast Quarter of Section 4: thence North 01021'06" West 221.48 feet along the west line of said Southeast Quarter, to a point on the south right of way of Interstate Route 70; thence North 79044'46" East 174.28 feet along said right of way, to a point; thence North 780'38'38" East 300.04 feet along said right of way, to a point; thence North 80°27'40" East 600.75 feet along said right of way, to a point; thence North 78013'27" East 457.91 feet along said right of way, to a point; thence South 63022'35" East 828.93 feet along the southeasterly right of way of the Norfolk and Western Railroad, to an iron pipe found; thence South 00050-55"' East 1201.22 fee, along the west line of a 8.241 acre tract described in Inslrowerti No. 1996014979, tp an iron pipe found; EXHIBIT A M Page 2 of 2 City of Richmond thence North 89°01'51." Bast 321 25 feet a!airy [he suulJ, lire of said 8.2d1 acre tract, to a point on the east tine of said Northeast Quarter of Section g, witness att found South 139°Ot'S1" West 24.28 feet; iron pipe thence South 00*51'56" East 1564.02 feet along the east line of said Northeast Q€,after m Round Barn Road, to the point of beginning, containing 166.739 acres, more or less, being 9 ac, 1 acres more or less, in the Southeast Quarter of Section 4 and being i49.3t9 acres, more or less, in the Northeast Quarter of Section 9, tieing 4, an t to ing legal right of way of the p(sbfic roads and any Easements of record.the Bearings for the above description are based upon the State Plane Coordinate System per Wayne County Global Positioning Monuments GPS 3012 arid-GPs 0013. Iran pins set in the above description are 518 inch by 30 'inch reinforcing rod, with aluminum cap stamped "Kramer, Eaton. Rfchmor<d". Surveyed and prepared by Douglas B. Kramer, Registered Professional Surveyor #S©413 E on January 5, 1998, as shown on Drawing D975 by Kramer & Associates located at 1D1 North Barron Street, Eaton. Ohio 45320 and 410 South :'B' Sheet, Richmond, Indiana 47374. Alteration of this leaf description will render it rrcrr-compliant with Indiana i Administrative Code Title 865 iAC 9-f2,