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HomeMy Public PortalAbout008-2023 - Ameniding 1998 Lease with EDC by Adding Acreage MIP SECOND ADDENDUM TO LEASE AGREEMENT This Second Addendum is made and entered into by and between THE CITY OF RICHMOND, INDIANA, 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 nonprofit corporation, hereinafter referred to as "Lessee." WfTNESSETII: WHEREAS, Lessor entered into a Lease Agreement with Lessee for real estate consisting of approximately 382.422 acres (the "Leased Property") on December 18, 1998, a copy of which is attached hereto as Exhibit "A", 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, a copy of which is attached hereto as Exhibit "B", which Addendum added an additional 166.739 acres to the Leased Property, which is commonly known as Phase II of the Midwest Industrial Park; and WHEREAS, the term of the Lease Agreement with Addendum (collectively hereinafter, the "Lease") was extended by an Agreement to Extend Lease, last executed on February 24, 2011, a copy of which is attached hereto as Exhibit "C"; and WHEREAS, the Lease was further extended by a second agreement to extend Lease, last executed on January 4, 2019, a copy of which is attached hereto as Exhibit"D"; and WHEREAS, Lessor and Lessee now desire to further amend the Lease to include an additional 327.047 acre parcel and a 9.083 acre parcel of land as part of the Leased Property, NOW, THEREFORE, the parties mutually agree as follows; Contract No. 8-2023 1. The December 18, 1998 written lease agreement, as amended and extended, is hereby further amended to include an additional 327.047 acres parcel acquired by Lessor by Warranty Deed dated September 1.4, 2022 and recorded in the Office of the Wayne County Recorder on September 16, 2022 as Instrument Number 2022009464. 2. That the additional 327.047 acres of Leased Property is more particularly described as follows: See Exhibit "E" 3. The December 18, 1998 written Lease Agreement, as amended and extended, is further amended to include an additional 9.083 acres acquired by Lessor by Warranty Deed dated January 12, 2023 and recorded in the office of the Wayne County Recorder on January 1.7, 2023 as instrument Number 2023000361. 4. That the additional 9.083 acres of Leased Property is more particularly described as follows: See Exhibit "F" 5. The Lease entered into by the parties on December 1.8, 1998, as amended and extended, shall remain in full force and effect except as specifically modified by this Addendum. IN WITNESS WITEREOF, the respective parties have caused this Addendum to be executed on the dates shown below. ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA /, Date: 2- '7 -0?3 By: Valerie Shaffer, Presider STATE OF INDIANA, Wayne County, SS: Before me the undersigned, a Notary Public for Wayne County, State of Indiana, personally appeared VALERIE SHAFFER, President, and, being first duly sworn by me upon her oath, says th t the facts alleged in the foregoing instrument are true. Signed and sealed this ..(A,day of Pr' Notary Pu it of Wayne. County, Indiana z— VVoylo.? owrty „,)V111,,ISfrf, OW,80 plIQS February 23,2024 .Vilfirm"WWWfir,..1111Pmkffiemn.0.".. CITY OF RICHMOND, .INDIANA through its BOARD OF PUBLIC WORKS AND SAFETY Date: , By: Vicki Robinson, President STATE OF INDIANA, Wayne County, SS: Before me the undersigned, a Notary Public for Wayne County, State of Indiana, personally appeared VICKI ROBINSON, President, and, being first duly sworn by me upon her oath, says that th- facts alleged in the foregoing instrument are true. Signed and sealed this .,;26-46day of , 2023. "71e7ee Printed: P1 40 C, 61/2 Notary Public of Wayne County, Indiana mONIC,4!„1 BURNS ;Ly,ary Public, State of Indiana F.,.A Wayne Cwir,ty COrriinssion 1'4mi-the;NPOE132312 ^Ay Commission Expires 'conino' January 18, 2.028 mmg, APPROVED BY MAYOR Date: DI 17l By: D .• S ayor STATE OF NDIANA, Wayne County, SS: Before me the undersigned, a Notary Public for Wayne County, State of Indiana, personally appeared DAVID M. SNOW, Mayor, and, being first duly sworn by me upon his oath, says that the facts alleged in the foregoing instrument are true. Signed and sealed this , 2023. KS Printed: e CHLOE PAR Notary Public State ot Indiana Notary Public of Wayne County, Indiana , SEAL Commission Number:NP0688410 My Commission Expires 7/24/2024 • This instrument prepared by George M. Sowers, Attorney at Law. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. George M. Sowers 12/07/98 . • :4r` LEASE AGREEMENT CAGV?) THIS AGREEMENT is made and entered into by and between the CITY OF RiCHMOND, INDIANA, 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 nonprofit corporation,hereinafter referred to as"Lesseo".. WITNESSETH: WHEREAS,Lessor is the owner of certain 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 forly known as.the Richmond State Hospital property, hereinafter referred to as the"Leased Property";and WHEREAS, Lessee is a duly incorporated nonprofit corporation under the laws of the ' State of Indiana, exempt front federal income tax as an argani2Atien described as Section 501(c)(3) of the Internal Revenue Code, bein a. public foundation within the definition of Section 509(4)(1) of the Internal Revenue Code; and WHEREAS,Lessor desires to develop the Leased Property as an industrial park;and WHEREAS,it is the primary purpose of the Lessee to assist government in planning and implementing economic development projects in accordance with all statutory requirements; ad WHEREAS, Lessor dire s to lease the Leased Property to Lessee pursuant to Indiana Code Section 36-1-11-1(b)(7)in order that Lessee may develop the Leased Property as an indus- trial park, EXHIBIT "A" Lease Agreement 12/0703 7. 7 NOW,TBEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS: 1. Lessor hereby leases to Lessee the Leased Property, 2. The term of this lease she he from the date of ila execution through December 31,2003. 3. The Lessee agrees to pay rent in the total sum of Ten Dollars ($10.00) for the term of the lease, to be paid in advance at the time of execution of this lease. 4. This lease shall terminate in the event arty of the following should occur: (A) Lessee shall be dissotved; (B) Lessee shall not be exempt from federal tax under Section 501 of Internal Revenue Code; (C) Contract of Lessee with 13oard of Commissioners of Wayne County.for county-wide economic development is canceled or terminates; (D) Statutes of the State of Indiana,provisions of the Internal Revenue Code or regulations make it disadvaritageous for lease to continue. Upon above termination, Lessee thal.1 itnmecliltely surrender possession of and transfer any interest in tilt'Leased Property to Lessor in its coalition at that time with Lessee to receive no corn afany amount orldnd for any reason including improvements to the LeaSed Propeity,clgring the term of this lease,by virtue of such termination. 5. During the term of this lease, or any exte4iision or renewal thereof LeSsee shall have the right to sublet the leased premises or any part thereof upon 2 virTITATT "A" ' • • Lease Agreement 12/07/91 terms agreed upon by Lessor and Lessee. In the event that all or part of the Leased Property shall.be sublet by Lessee, the rent payable hereunder by Lessee to Lessor, shall increase in an amount which is equivalent to that payable to Lessee-under any and all subleases, and be payable to Lessor an similar dates and times not more than ton (10) days after receipt of rent from any subtenant. 6. During the term of this lease, or any extension or renewal thereof, Lessee shall lave the right to purchase any part or all of the Leased Property, in one or more parcels at one or more times, -upon thirty (30) days prior writ- ten notice to Lessor, The purchase 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 the Leased Property provided that written consent,is first obtained from Lessor coupled with evidence of financial responsibility. Lessee, upon.purchase of all or any part of the Leased Property, naa.y sell it to a third party upon terms ;treed upon by Lessor and Lessee, wind terms will include the first right of the Lessor and/or Lessee to repurchase any undeveloped real estate from the third party pwchaser, at the original price Sold to said third party' purchaser, if all or any part of such property is offered for sale by said third party purchaser to any other party or if said property is not developed within ten(10)years after putoba.se. EXHIBIT "A" Lease Agreement t2/07/911 9.i During the term of this lease, or.any extension or.renewal thereof, all pro- ceeds of the sale of all or any part of the Leased Property and rent,proceeds received under any sub-lease agreement shall be separately identified and held by Lessor or used for the cost of installing all public roads,railroads and utilities to service the Leased Property., After the construction and payment for all public roads, railroads and utilities serving the industrial park, any unexpended proceeds shall be used first to repay debt incurred in development of the industrial park, second to return the initial capital investment for infrastructure(exclusive of all federal and state grants) to all parties contributing thereto in proportion to their cebtributions.and third, the excess (exclusive of all federal and state grants),if any, shall be paid to those entities contributing to the original purchase of the land in proportion to their contribution. 10: Lessor and Lessee acknowledge that a significant basis for entering into this Lease is to allow and require Lessee to,implement and manage the development of the Leased Property. In conjunction therewith, the parties agree that notwithstanding the ten year term of the Lee deSCribed herein, in the event Lessee fails to materially perform the duties associated with such development, Lessor may, after six(6)months'prior written notice to Lessee specifying each ground for default, declare Lessee in default 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 Lease terminated and upon Lessee complying with the terms of f,f 4 wv-PITIITT "A" Lease Agreement 12107/98 Paragraph 4. above, thea such termiDation shall release and discharge all further obligations Qf either party pursuant-to the terms of this Lease. 11. In the event that Lessor shall exercise its option to Purchase an additional 171,095 acres, also known as a part of the Riebxaund State Hospital prop- erty, lying west of the Leased Property and more particularly described in Exhibit "B", the parties hereto agree to amend this lease agreement to include said acreage as part of the Leased Property under this agreement. 12. This agreement may be executed in one or more counterparts, each of which shall be deemed an original,but ail of which together shall constitute one and the same instrument. 13. This agreement supersedes all prior agreements, oral and written, 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 unenforceable by a court of comPetent jurisdiction, 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 foeab1e enforceableto the fullest extent permitted by law or equity. 15, The parties hereto, and each of them, have duly approved the execution of this agreement by the person5 subscribing below, 16. Any reference herein to action (e.g. "approval" or "consent") by Lessor shall mean,approval or consent by the City of Richmond acting through its Board of Public,Works and Safety. 5 EXHIBIT "A" Lease Agree/Dent t2Jo7/9$ 17. Lessor reserves the right,after reasonable notice, to enter upon the Leased Property for purposes of inspection, subject however, to the ri".., • of sublessees. I S. All rights granted under this Lease Agreement are contingent upon Lessor obtaining fee simple title to the Leased Property, 19. It is agreed that the Leased Property shall be encumbered by restrictive covenants, mutually agreed upon by Lessor and Lessee, which covenants shall be recorded as soon as practicable after execution of this lease and before the execution of any sublease agreement IN wiTNESS WHEREOF, the respective parties have caused this agreement to be exe cuted on the dates shown below, ECONOMIC DEVELOPMENT CORPORATION OF WAYNTE couNtY.)INDIANA '"..- 13T•,,, ..., CITY OF RIC T49:1*,ID IND y-,,N?1.thr94 its f ,- ,Wt. '4 t.';., ",.,. Me 10",,. APPRo 11 vEn BY! ..,,, 4.• 7WB*11--- pax 1 0 VITTITA IT "A" EXHIBIT "A" (Part I) T • DES C RUTION- Fo r Wayne County Economic Development Corporation. 233,420 Acre Tract (North of Railroad) Situated in the Southeast and Southwest Quarters of Sec-don Three (03), and the NQrdleaSt. and Northwest Quarters of Sef.-7,ion Ti (14), all in Township S-octeen (16) North, Range Fourteen (14) East, Center Township, City or Richmond, Wayne County, Indiana., includivz parts of a 53.79 acre tract, a 30.00 acre tract,all of a 33.19 acre tract as desoribed In Deed Recards Volume 136,Poe 451, part of an 7.o0 acm trar:t de-sq-ibed,in Deed Records Volume 150,Pane 563, all of a.'10,41 acre tract described in Deed Records Volute 173,Pare 420, part of a tract di bed in Deed Records Volume 1:37, Page 337, and part of t I.10 aKte tract and a 40 a. e tract, described in Court Order Book 53, Page 67, and part of a tact described in Deed Records Volume 152, Page 43 in the office of the Wayne County R.=order's Mc;ben 2 more particularly described as follows: Commencing at a F.K. nil loud at the southwest corner of said Southwest Qunner, in Round Barn Road; thence North Ott 26'56"West.9.03 feet alonsk the west line of said Southwest Quarter,in said road, to a point on the north right-of-way of the Noallc& Western Railroad, 0:100"feet perpendicular to the =amine of the ngz4lain t-.-ack.,said gOillt,bdilge,41e i-TW,E Nzi-r OF BE GME\TO for the tract herein described,:witaest an kart pin set South 634 22 35"cast 33.32 feet; thence corralling North Q.0'26'56"West 723.45 feet along the west line of said Southwest Quarter, in said road,to a railroad.spike set; thence North 39'33',04"East 14.90 feet along a&iv+division line,to a point', thence North Tr 04! 29"East 537.42 felt along the south limited access right-of-way of Interstate 70, to a steel comer pest found; thence North 72.*:07'00"East 81.73 feet along.said right-of-way,to a steel corner post found; thence North 72i 15' 32" East 13,97 feet along said right-of-way, to an iron pin set, in an msdstit18 fence; thence,South 12" 01' 50" East 64,00 feet alone the west line of a 0.142 acre tract described in Deed 'Records Voiume 292,Page 363,to an iron pin set; EXHIBIT "A" EXIIIBIT "A" • • Wayne County 238.420 Acre Tract Page 2 oe4 thence North Tr 581 10"East 90.00 feet along the south line of said 0,142 acre tract, to an iron pits set, thence North 12°01150"West 73,00 feet along the east line of said 0.142 acre tract,to an iron pin set in a fence; thence North 72° 15'32"East 17.20 feat along said right-of-way,to a steel comer post found; thence North 77'49'50"ast 31.91 feet along said ric_tht-of-way, to a steel corner post found; thence North 77°38'02"East 1563.35 feet along said,right-of-way,to a.steel corner post found, thence North 82° 34' iS" East 1054,21 feet along said right-of-way, entering into aaid Southeast Q1141411:1', to a steel cornc post found; thence South 38°CO'49"East 23106 feat along said right-of-way,to a steel corner post found; thence North Tr 30'34" East 499:14 tbet along raid right-of-way,to a steel corner post found; thence North 02°23'53" East 204.75 feet Woos said right-of-way, to steel corner post found; thence North 67°37' 14"East 405.61 feet along said right-of-way,to a steel corner post found; thence North 77°42'34"East 513.64 feet aion5 said ridat-of-way, to a.peint,witness an iron pia found South 02°45 45"East 0.56 feer, thence South Cre 45 45"East 378.89 feet,along the west Um of a 4.456 acre tract described it Deed Records Volume 417,Pa8 4'2,to an'iron pipe found; thence North 88° 18' 19' East 452.24 feet along ihe south line of said 4.456 acre tract.,to en iron pipe found; thence South 04*59'241'East/49.95 feet along the south right-of-way of intersta.te 70,to an iron pin set, thence North 88°21'13''East 20.50 feet along new division line,to a railroad spike se "Al` Wayne County 28,420 Acre Tract Page 3 of 4 thence South 01 38'47" East 1122.86 Feet along the east line of said Southeast Quarter,in Salisbury Road, to a copperweld monument found at the southeast carper of said Southeast Quarter, thence South 89° 26'53" West 1756.12 feet along the south tine of said Soulheast Quarter, also being the north Ilea of a 1.099 acre tract described in Deed Records Volume 477,Pe 92, and a.50.175 acre tract described in Deed Records Volume 436, Page 12, to a point, witness a cn-iage bolt found South 00°2'7' 12" East 1.59 feet; thence South 004 27 12" East 1244.34 feet along the west line of said 50,175 acre tract,entering into said Northeast Quarter of Section 10, to an iron pin found; thence North 39°06'231 East 603.90 feet along the south line of said 50.175 acre tract, also being the north Line of said 10,41 acre tract to an iron pin set, witness a wood corner post found South 003 00' 19"West 3,23 feet, thence South 00°05' 25" East 615.11 feet along the at line of said 10.41 acre tract, also Being the west line of a 14.251 acre tract described in Deed Records Volume 403,Page 4-84,to a pipe found; thence South 00° 1I' 50"West,307.06 feet along the east line of said 10.41 aL--e,tract, alsc being the west line of a 4.00 acre larat descnioed in Deed .:Records Vututne 367,Pazt,56, and.the we4-t line of a 4.00 acre tract,descnIeddit Deed Recotds Volume 404,Page 470, to an iron,pin 5tr, witness a wood comer post found North 007 00'00" East 2.3 feet-, thence North 63°22' 35" West 4757.73 feet along the north right-of-way of the NoribliCec Western Iblikoacl, 30.00 feet perpendicular to the, cenp`erftrie of tie cdng an .trtck,... entering into said Northwest Quarter of Section IQ, to the,pohtqitL1tl itutIflg 254420 aaes, more,or less, being 65.031 acres,more or fees,in the Southwest QuariefSectjoh,013, 85,.374'acrO, more or less, in the Southeast Quartet of SictiOrt 03, 44102a aZ•es, riot Or less, in the tiorthw6't:Quarter of Sction 10,and 43.787 acres,more or los,in the Noftlicst Quarter of Sec.,,ti9g 10,tging„s*ect-to the Segal rieht-of-vray of the gublic roads, the legg tiithtrof-way of the, O'Brien Ditch, and ag legzI v_sement orRecord. 41 1 EXHIBIT "A" " 4 WriTIC CQUnrV 771 3.420 Tr=Page 4"of 4 .• 13,tcru-1.- ,c2.5 far the aboveacv cor3rebawd upi r St2z pbx.?, CccLz 5YSZ4.7.7-, tn.*"Wayr,e COUnLY Gidat POSiEflril--"a CPS 001.4, znd CPS C01.5. vins thc thcv. 2rF... 5/ inc,"7., by 30 izch forr d, •-• • - isouz zal=rura Serf.riednd pmpz-7-1irDc1871,a1 KI-127 , Pt Sumyer A5:0413 or,Anti 4 icic6,, a 00 DcaLwing & E.2.4011,Ohio •id ,CrT: 0,518 actz: to ahcve 238_420 2.=.3. A Dart of the eas's half of t5e gout:least quarter at' Se'stion 3, Townsh4p 16 Nor-zh, ;lance 14 Zast, Centartownshin, avnis C;ounty, Indiana, and being oore pa...:ticelarLF des=4bed as idIlOWg:,. Commencing at a railroad, spike marking the sou:the/14Z corner of said. halir quartt3r. section, and thence nunn,441g North, on and along tne east line of said hal-I quarter section. L3/1.60 feet to a toad nailI thecae rquaing west 35.00 foet t* en iron wipe ggt im hbe weat4rLy right-of-way line o2 Interstate Eighwar Nuober 70, said 7ips marking the goint of beginning; tWenom running south 04 degSees 14 minutes 00 seconds eAst along said riqbt-ofewav line 225.00 feet; elerld's sunning Rest 100.27 CO,OZ4 thence running Morm5 04 de'graea 14 `.4 minutes 00 s#oonds West pars-llel uith and at a perperidicular distance c7.5 1041,01:1 feat erne said right-of-wv; line 225.00 eeet to a point in hhe sc'ntt line of a certain 4.456 acre tract; thence 7.-cnning east along said south l00_27 feet to an ixon pipe making the South eas7:. qOrner thereof and also mark.:14g the smicZ of beginning. Containing 22,560050 square Teat or o.51a 0? an &ore, no,:o or Logs.. TOTAL ACITALE EXHIBIT "IV (part 1) 237.902 A " "A," (part II) DESCRIPTION' For Wayne County Economic Development Corporation •, 144.523 Acre Tract • (South of Richmond) Situated in the Northwest and Northeast Quarter3 of Section Ten (10),Township Sixteen(16)North, Range Fourteen (14) East, Center Township, City of Richmond, Wayne County, Indiana, inclt2sinq parts of a.14_62 acre t-act described ii Deed Records Volume 137,Page 191, part of 110 acre tract and a 40 acre tract deealbed i Court Order Book 58,Page 67, a tract described in Deed Records Volume 137, Page 337,and including all of a 0.13 acre tact described t )=1Record.a Volume 173, Page 424,in the office of the Wayne CounriReeorder,being more particularly described as follows: Beninning at an iron pin found at the soutitvvt corner of said Northwest Quarter,in the intersection of Gaar Inchon Road and Round Barn Road; thence North 0Q" 5156"West 2597.67 feet along the west line of said Northwest Quartcf, in Round Barn Rnad,to a railroad spite sec thence South 63 22 35" East 4568.52 feet along the south rioht-o-f-vay of the Norfolk and Western Railroad 30.00 feet perpgndict* to the =uteri:Me of the otisting main track, catering into said Northeast Quarter,to=iron pin set; thence South 00" 43' 11" Eist 509.34 feet along the west line of a. 4.73 acre tract described in Instrument'Number 1996001931,to 3n iron pipe found; thence South 89°25' 18' West 1337.59 feet aiocig the south line of said Northeast Quarter, in Gear l'aclokaa Road,to a copperweld monument fOkred at t114 southwest corner of said Northeast Quarter; thence South 89° 25' 16" West 2713_89 feet along the south line of said Northwest Quarter, in Gear Jackson Road, to the paint of b4nning, containing 144.523,acres, more or less, being 118_558 acres, more or less, in the Northwest guar:ter of Section 10, and being 25.965 acres, more or less; in the Northeast Quarter of Section 10,bell subject to the legal IiVat...-of-Way of the public roads, the legal ' right-of-way of the.OBtien Ditch, an easement gr4nted to Richmond Power&Light, Deed Records Volume 475,Page 273,and any other legal easernents of record, ••. Wayne County 144.523 Acre Tract Page 2 of 2 Bearings for the above deacription are based upon the State Plane Coordiriat System per Wayne County Global Poitioning Monuments(32S 0014.and GPS 0015. 'Iron pins set in the above (1( ,,cziption arc 5/' inch by 30 inch reidoroVis rod, with aluminum. cap stamped"Kramer,Eaton,Richmond". Surveyed and prepared bY,Douglas E. Krarncx, Registered Surveyor gS0413 on April 4, 1996, a4 shown on Drawing E-150,by Kramer&Associates,Zaton, Ohio and Rielimond,Indiana. EqT.2 f M=01,MY 21/ DESCRIFIION iQR CITY OF RICIEVIOND 166,739 Acre Tract 84 a.4.356 Acre Tract Situated,in the Nett ast Quarter of Seolipn Nine (0?„) , and the Soitthesst Quarter of Secacti four (04), TOwitahip Sixteen:.(1() Wirth, '• Foudeeit (14). Cnr Tciwizh , Wa crii0% 11.4i45-7 part of a 60 acre tract„part of i 10 ect }MO 1::.:•., "1120:#d v6141=1.30, • , 451, also part of a 47 acre tts#:drd n P :e4 11,4*.4:::a a 10Cf.acre tract described in Deed ErscordsVoinme 144;Page,3T7, in the critter:kale Wayne COAttiV R4ocriler,and being more partipalarly descOed as fogivm .Bez,inninga an lion pin found et the Southeast Corner of the Northes.st Quarter of Section 9, in the inte'rection.of Foura Btirti,ROad and:Guar-Jaizt 0,04 thence south 9c715'37/1 West 2606.27 feet along,thc south of 340 Northeast Quarter414;.Gaar- Taeisort Road,to a ra /Aticg fp1.1.114.at the Southwest corner of siiicANOet.i*Mt —quarter, thence North 00K)V107 East 200.34 feet alarts the west llic of said ii0t3heakt Q.40)Pr t9 "-tfr stone ftl:Arria at the Nonthlest ':Corner of said Neitheast Qtarterod ' „tjv 1W5t Corner of the $q1.4.11,zast Quarter ofSectsm 4; thewe Ncrth.41°217067 West:22148 fcc.t along the'west Sin©of said Sotiiheust Quarter,to a pOint on the FOR right of way.of Itittratate Rtaltt 70.; t1=1P.,e Notih 79'''4446P Wt.174.28 fedt along said right of way,to g.poin4 thence North 76°33'387 East.300.04-feet along right of way,to a point; thence North 801740"Fast .600.75 fact along said right of way. ,to a ivint; tite4we North 7-8913'271"East 457.91 feet along Uti4 right:of way,-to a point', thence South 63°22738" aat 82.3. feet along the southeasterly right of way of the Norfolk arid Western -Maio' ad,to an Iron pipc,fcmi4; the: smith ocflp.'5-57 tag 1201..ZZ feet alQn,$ the west line of a 8.241 acre tract describ0 Inittrainent ta. 10:691407,9i 1 t iron pipe found', tttcrpe Nsgtu 8970v.5r Et$21.29 feet alo4the.som..th line of 3443;41 sone txaet,to a',int era the 041 1*-of 3314 Northeast (ZilirWr of sctiOli 44livithOs'igriron npe çid South øj' 1 ' West 2428 feet; thence South 00°51';667 East)14.02 feet,eilengte:i,,,easIlinkof sal&No0,.rtli.0 ..qt r, grid Darn wia,to the. poixixArje,01„0,t4i.994.04r14.104,C#tioi',111901,,Or aitaN,InOtys.or ress,"in'the Serutt :Q4.iiit*Of:baOtili 4, 0.10:140iit if-10,11*NP.,..nthcf4t Quarter of*tiOrtl• Witi'gatibjedt e.P-om=t1'of record. Also a tract situated.intil4„. C294.7.4,:tgr qtt, Towz*FsE*43. 06) ROZP,_ Foorteee(14) P..5.,t*.0.04f10.,t,041*.WWF,;, -Atot 41,091.91upopg...! it toot:totecpt,43,k.*4111.30 gage,4M4t.4.,t4e:,*(316" tit•A\ri4ito, tfRitccit'dcer;raid boitls gkpr« r4mv.:LIoy dsorihed a3 fotio;43: EXHIBIT "Ii" - 4 '''City of RiOhltIond Page 2 of 2 66.739 44 4,39 ti Acre tract ccmarneTteing at the southeast Corner of said Southeast Quarter, therte4 Ncrth 000287,30"West 964:71 feet along- the east line of said quarter,in Round Barn%lad, to THE titiLIDro0ii or BEGINNING for the trati itereia described; thence South 89°53'04 West 1G.50 feet along the north right of way of interstate Route 70,to a point; thence South 7814'46'West 878.51 feet 4Iorkg said right of way,to a point; thence South 77°35'53'West 377.27 feet aim said right-of-way,to a paint; thence North 0141370&"West 270.83 feet alon$a west lino of said€.0 acre tract,to a wood post found; thence North s9°0s4crs"East 125 2.,85 feet along a north line of said CO acre tract,to a point thence South 0o026'ser East.41.42,feet along thc mit line of 31114 qUalicr, to the point of beginning', of:41444a 4.55E7 acres,more or 1: $,7181t1g 50,10tt to the,lcgaT rig*of way of the public road and arty ,48,enlenti of record. Bearin,gs for the above description are baseit upon the State Plano Coordinate System per Wayne County Global:PoSititining Motn4rnitt16PS,0012 and GPS 0013. Iron pins set inthabcve description are 5/8 inch by 50 inch reinforcing rod,with 41intlirtt1111 cap stamped "KraIner,tabon,Wirnorid". gitrv :8 4P4 rred lY Dz1,44-1 E. z/v4r.i. lanthir5r IVAaSlAaurnsot,Dr4174,0$7-0,.Mt.4".,'4, 1115M:4 .4441,4-s Icr-atd+at 101 North Barron strae, Eatort,Olzo 45520 aiid 4laseitit#ra'stt,4;ilithrribitav I:M*07314. ,4 II :1; ADDENDUM TO LEASE AGREEMENT THIS ADDENDUM is made and entered into by and between the CITY OF RICHlvtOND, INDIANA, by and through its Board of Public Works and Safety, hereinafter referred to as "Lessor." an the ECONOMIC DEVELOPMENT CORPORATION 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',095 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 the leased property, NOW, THEREFORE, the parties mutually agree as rollOwS 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. 78-2001 EXHIBIT "B" 2. That the additional 166,739 acres of leased property is more particularly described as follows: See Exhibit A 3. That this Addendum constitutes a modification of the terms of paragraph 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 riot included in this Addendum. That this addendum shall relate back to January 12, 2001 and become effective as of that date. 5. 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 WITNESS WHEREOF, the respective parties have caused this agreement to be executed on the dates shown below. ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA Date: .,(12-2;26 By , '4! ato°710:61 ttri- u''64deritt " - CITY OF RICHMOND, INDIANA through its ‘' BUG WORK AND • FETY Ce; 4V) BY:!:""• '40:!'L'114147/!An.'1"2'+°P. 'RoOt B. doodwin, Chairman APPROVED BY MAYOR 1:4 f f" I 1 Date r: , e A _t_' eo; „4 yr — EXHIBIT "B" 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, Indiana, including part of a 00 acre tract, part of a 10 acre tract described in Deed Record Volume 136, Page 451, also part of a 47 acre tract described in Deed Records Volume 137, Page 191, also all 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 Corner 61 the Northeast Quarter of Section 9, in the Intersection of Round Barn Road and Gear-Jackson Road; thence South 89°1537" West 2605,27 feet along the south, line of said Northeast Quarter, In Gair-Jackson Road, to a railroad spike found at the Southwest Corner of. said Northeast Quarter; thence North 00°03'10 East 2649.64 feet along the west line of said Northeast Quarter to on a stone found at the Northwest Corner of said Northeast Quarter, also being the Southwest Corner of the Southeast Quarter of Section 4: (hence North 01°21'06" 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 79°44'48" East 174.28 feet along said right of way, to a point; thence North 76°3838" East 300.04 feet along said right of way, to a point; thence North 80°2740' East 600,75 feet along said right of way, to a point; thence North 78°13'27" East 457.91 feet along said right of way, to a point; thence South 63°22'35" East 820.93 feet along the southeasterly right of way of the Norfolk and Western Railroad, to an iron pipe found; 7 thence Stith 00°50'55" East 1201,22 feel along the west line of a 8,241 acre tract described In Instrumeill No, 19980149'79, lo an iron pipe found; EXHIBIT A EXITTBIT "B" Page 2 of 2 City of Richmond thence North 8901'51" East 321 29 feel along the south fine of said 8,241 acre tract, to a point on the east line of said Northeast Quarter of Section 9, witness an iron pipe found South f19°0151"West 21.28 feet; thence South 00451'56" East 1564.02 feet along the east line of said Northeast Quarter, in Round Barn Road, to the point of beginning, containing 166.739 acres, more or less, being 11.420 acres more or less, In the Southeast Quarter of Section 4, and betng 149.319 acres, more or less, In the Northeast Quarter of Section 9, being subject to the legal right of way of the public roads and any easements of record. Bearings for the above description are based upon the State Plane Coordinate System per Wayne County Global Positioning Monuments GPS 0017 ancl'GPS 0013, Iron pins set in the above description are 5/8 inch by 30 inch reinforcing rod, with aluminum cap stamped"Kramer, Eaton, Richmond'', Surveyed and prepared by Douglas E. Kramer, Registered Professional Surveyor 4S0113 on January 5, 1998, as shown on Drawing 0975 by Kramer & Associates located at 191 North Barron Street, Eaton, Ohio 45320 and 410 South 'D• Street, Richmond, Indiana 47374, Alteration of this legal description will render it non-compliant with Indiana Administrative Code Title 865 IAC 1-12. AGREEMENT 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. WITNESSETH: 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 arid 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 Ii of the Midwest Industrial Park; and WHEREAS, the term of said Lease Agreement with Addendum expired on December 31, 2008; ad 'WHEREAS, Lessor and Lessee now desire to enter into an agreement to extend said Lease Ageement and Addendum from January 1,2009 to and including December 31,2018, NOW,THEREFORE,the parties mutually agree as follows: The Lea .e Agreement between the Lessor and Lessee which became fully executed on December 18, 1998, as supplemented by the Addendum to the Lease kgreernent which became fully executed on July 5, 2001, iS hereby renewed r.to.,wtively to January 1, 2009 and extended to and including December 31, Contract No. 29-2011 EXHIBIT "C" - 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 them, 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,CORPOI TION OF WAYNE COUNTY, IND -A A Date: 2ey n By: Ti othy G. o ers CITY OF RICHMOND, INDIANA through its BOARD OF P BLIC W S AND SAFETY bra Date: , By: Vicki Robinson, President APPROVED BY MAYOR Z --- Date: By: CT Sarah Sally L. Hutton, Mayor EXHIBIT "C" SECOND AGREEMENT 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 nonprofit corporation, hereinafter referred to as Lessee. W1TNESSETH: WHEREAS, Lessor entered into a Lease Agreement with Lessee for real estate consisting of 382..422 acres (the "Leased Property") on December 18, 1998, a copy of which is attached hereto as Exhibit"A",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, a copy of which is attached hereto as Exhibit"B", which Addendum added an additional 166.739 acres to the Leased Property,which is commonly known as Phase II of the Midwest Industrial Park; and EXHIBIT "D" — . WHEREAS, the term of the Lease.Agreement with Addendum (collectively hereinafter the "Lease") was Wended by an Agreement to Extend Lease, last executed on February 24, 2011,a copy of which is attached hereto as Exhibit"C"; and WHEREAS, Lessor and Lessee now desire to enter into a second agreement to extend the Lease frort.January. 1, 2019 to and including December 31,2028, NOW, 'FHEREFORE„the parties mutually agree as follows: I. The Lease as previously renewed and extended is hereby further renewed and extended to and including December 3 1,2028. 2. The Property which is the subject of this Agreement 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 bereto, and each of theta,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. EXHIBIT "D" ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA . . Date; By: 1Ziat . 4. Valerie.Sha er,PeiWit STATE OF INDIANA,Wayne County, SS: Before me the undersigned, a Notary Public for Wayne County, State of Indiana; personally appeared 'VALERIE. S ,I-IAF'FER, President; and, being first duly sworn by me upon her oath, says that the facts alleged in the foregoing instalment are fettle,. Signed and sealed this day of December,.20 18. —f? Eme 4 PA.LKR nted Notary Punk-Seal- Notary Public of ,Yakyne County,Indiana: Slate ot Indiana My Commission Bpites Aug-29,2021 CITY OF RICHMOND,ZIDIANA through its BOARD OF PUBLIC WORKS AND SAFETY Date: / 3-"/9 By: - , President STATE OF INDIANA, Wayne County, SS: Before me the undersigned, a Notary Public for Wayne County, State of Indiana, personally appeared i././eA is 0,9 , President, and, being first duly sworn by me,upon her oath, says that the facts alleged in the foregoing instrument are true. Signed and sealed this da.y of•December720-Hr. I1i, Printed:. /2/0A// Notary Public of Wayne County, Indiana 10\Pr 12,4%1\ MonicaJ Burns # 1 Cr :0 StAL 1 :c .g; ommIssion Number-133231'2 "tyst,,*4 Ft.4.1•*'My Co mmloolon Expiroca 1/1 iii2g20, nrsar-nr-r-ro-rm n, II1 , , ... APPROVED BY MAYOR, Date: 614 04 I'l By - IA/st l ' ' ti - - Pavid'M. $nowor STATE OF INDIANA,Wayne County SS: Before me the undersigned, a Notary PUblic for Wayne County„ State of Indiana, personally appeared DAVID M. SNOW, Mayor, and, being first duly sworn .1).y. 13;;e upon his oath, Says that the facts alleged in, the foregoing instrument a,re true, Signed and sealed this + laY acAP-9: 2-1°0 . . '12 Pli4t4d. C/V\[e)e ,bAks Notary'PUNIC of Wayne County,Indiana This instit.m. lent prepared by George M, SoWers, Attorney at Law. I affirra, -under the penalties for perjury', that I have take , asonable care,tb redact each Social Security number in this document,unless required by law, George M. Sowers EXDrIBIT "D" LAND DESCRIPTION For Economic Development Carp. Tract 1 160.954 Acres Situated in the Southeast Qualter,section9,'Epwnship 16 North,Range 1/4 Fast,Center Township,Wayne County,Indiana, bell-1g all of a•160 acre tract,as described in.Intrument 2017009236, as.i'ecorded in the,Wayne County Recorder's&flee,being more particularly described as follow.s: }Beginning at a mag nail set at the northwest corner of said Quarter,in Gear JaC4304 Road!, thence North 39157'38"East(bearings are bascd upon GS Coordinates,Projection Set; U.S.A.NAI)3.3/Intliana East)2605,30 feet along the north line of said,quarter, in said roaci to a rnag'tail set at the northeoat corner of said Quarter, l the intersection of Gear Jackson Road.,and North Rouncl..53arn Road; thence South 00"33!0 t"East 2673..75 fact along the east.iiite of said Quarter, in North Round Barn Road,to.a rtiag neiliound at the southeast corner of said Quarteil. thence South 89"1.341"West 2657,7 I feet.along the south line of said Quarter,to a copperwold found at the southwest-corner of said Quarter; thence Korth 00°03738"East 2675.55 feet along the West line a said Quarter,to the.polatOf beginning,containing 160,954 acres,more orless,en shown.on.DrawingNo.D-4023,dated 20 September;2019:being subject to the right-of:way of Guar Sacicsoct Road;and Notth.Round Bari Rced, ad to all legal easements-of recOrd, This Is to certify that the;above description and the plat.were prepared this 20'"day of September 2019,from a recent survey,and ariram and correct to thc best of my Itriowledge and belief, 41,1 iA I '4 . 1; BEALS,MOORE&A.SSOCIATES, tNc •0'.0 • 4 Gordon E.tvloore 1.320. o0a3 LS,'20400025 I •,. IrrAll ."4 , tate of:Indiana *P‘?,'14%4901Atit 0/(1'4'.1 WO 20 19-168-TR1 r.#4, l#A SLA1\11C-.: ),6,,Loo Disclaimer: Alteration,s of any part of this legal description will render it non- 1 compliant with In aiana,Admini,strative Code Title 865 IAC 1-12, EXHIBIT "E" • 4 LAND DESCRIPTION For Economic Development Corp. Tract 2 1.66.093 Acres Situated In the Southwest and Southeast Quarters, Section:10,Township 16 North,Range 14 East,City of Richmond, Center Township,Wayne County,Indiana, being part of a 150.98 acre tract,and all.of a 10 acre-tract,as described in.Instrument 2017009236,as recorded in the Wayne County Reeorder's Office, being more particularly described,as follows: Beginning at a inag nail found at.tho southwest corner of said Quarter, in North Round Barn Road; thence North 00°33'01'West(bearings are based upon,CiPS COOttlinatos,Projection Sot:, USA/NADU/Indiana East) 860.50 feet along the west line of said Quarter, in sold road,to,a mag nail5eet at the southwest corner of a 9,083 acre tract,as described In Instrument 199901.2353; thence North 8915'59"East 374,83 feet along a south line of said 9,083 acre tract, to an Iron rod foUrtd; thence South 00'33'0 I,"East 26,60 feet along a south line of said 9,083 acre tract,to an iron post found; thence North 89"26'59"East 578.75 feet along a south line of said 9.083 acre tract,to an iron rod found., thence North 0 1'0'37'West 427,70 feet along the east line of said 9.083 acre tract, to an Iron rod found; thence South 89'26'59"West 944,05 feet along the north line of said 9,083 acre tract, to a mag nail set on the west line of said Quarter, in North Round Barn Road,witness an iron rod set North 8926'59'East 16,50 foot(all iron rods set are 5/8"rcbar with,a plastic cap stamped Bea-Is-Moore RLS 20400025); thence North 00°33'01"West 1383.25 feet along said West line iirsaid road,to a mag nail set at the southwest corner of a 0,339 acre tract,as described in.Instrument 2011005176; thence North 89°25'30" East492,76 feet along the south line of said 0.339 acre tract,to an iton rod set; thence North 00°34'30"Wes 30,00 feet along the.east line of said 0,339 acre tract,to a mag nail set on the north line of said Quarter, In Gaar Jackson Road; thence North 8925'30"Est 2221.11 feet along said north line,in said road,to a [nag nail found at the northeast corner of said Southwest Quarter; thence North 139°25'30"East 677.58 feet,entering into,and along the north line of the Southeast Quartet.of Section 10,Township 16 North;Range 14 East, in said road, to a mag nail se k at the northeast corner of said 10 acre tract,witness an iron rod set South 0021'07"East 16.50 feet; Disclaimer: Alterations-of any port of this legal description will render it non- . complicInt with Indiana Administrative, Code Title 865 LAC 1-12, EXHIBIT "E" „ tr. thence South 00°21'07”East 660,00 feet along the east line of said 10 acre tract,to an Iron rod set; thence South 89°2530"West 684,80 feet along the south lint of said 10 acre tract, to the,west line of said Southeast Quarter, Witness an angle iron post found South 29°5048"East 4,00 fcct. thence South 00°16'28"West 2007;25 feet along said west lint,to a wood post found at the southwest corner of said Quarter; thence South 89°16'52"West 2675,48 feet,along the south line Of,rind re-enteridg the Southwest Qust'ter of Section 10,,Township 16 NoiAl),,Range 14 East,to the point of beginning;containing 166,093 acres,more or less, there being- 15,5,772 acres, more or less, in the Southwest Quarter, and 10.321 acres,more or less, in the Southeast Quarter,Rs shown on.DravvingNo.D-4023,dated 20 September 2019, being subject to the right-of-Way of North Round Burn Road,.and Gear Jackson Road, and to all legal casements of record. This is to certify that the above description and the plat were prepared this 20'''day of September 2019,from a recent survey, and are true and correct to the best of my knowledge and belief, ' 014 'e, BEALS-MOORE&ASSOCIATES,INC, I1.'''''I'Vo ▪ C) /...A‘RM-t? Oordori Moore (Y' '4)"'— S L.S,20400025 ; State of Indiana STAT 6 OF i • WO 2019-168-Tr2, • A, 44 • r'• re$ AO'r4++ A, rr4, 'VA 8 iAN.C'i:s0 qe.cilitt+411 Disclaimer; Alterations of cmy part of this legal description will render it non- compliant with Indiana Adminiztrative Code Title 865 LAIC 1-12, EXHIBIT "E" A part of the southwest quarter of Section 10 , Township 16 North, Range 14 East, in Center Township, Wayne County, Indiana, more particularly descr.i;bed as follows , to-wit: Commencing at a railroad spike at the southwest corner of said quarter section, thence on an assumed bearing of North 00 degrees 00 minutes 00 seconds West a distance of 860 . 50 feet along the west line of said quarter section to a P.K. Nail at the point of beginning of this dekription; thence Sciuth: 89 degrees 51 minutes 0 0 seconds East ' a distance of 374 .83. feet to a 1/2 inch rebar set in an iron fence, thence South 00 degrees 00 minutes 00 seconds East a distance of 26 . 60 feet along said fence to the south face of an existing iron post, thence South 90 degrees 00 minutes 00 seconds East a distance of 578 .75 feet to a 1/2 inch rebar, thence North 01 degree 22 minutes s00 seconds West a distance of 427 .,_70 feet to a 1/2 inch rebar, thence North 90 degrees 00 minutes 00 seconds West a distance of 944 .05 feet to a P .K. Nail on the west line of said quarter section , thence South 00 degree 00 minutes 00 seconds East a distance of 400 .00 feet along the West line of said quarter sectibn to the point of beginning, containing 9 . 083 acres, more or less . EXHIBIT "F"