HomeMy WebLinkAboutLimited Warranty Termination of Lease filed 2/24/14 f 2014006764 RELEASE $14.00
�� 02/24/2014 03:39:50P 2 PGS ark
Mar L.\t� ry HAMILTONCCounty Recorder IN
\` Vic / Cross Reference Recorded as Presented
IIII�I l lllllllllllllllllll llllllllll 11111 llllllllllllllllllllll 11111
The Memorandum of Lease and Assignment terminated by this Termination (Memorandum of Lease and
Assignment) is recorded in the Office of the Hamilton County Recorder as Instrument No. 2010027241.
TERMINATION
(Memorandum of Lease and Assignment)
This Termination(Memorandum of Lease and Assignment)(the"Termination"), executed by
The City of Carmel Redevelopment Commission ("CRC") this 514—d_ ay of June, 2013, Witnesses:
Recitals
WHEREAS, BJS, LLC (the "Original Landlord"), and BJSII, LLC (the "Original Tenant"),
entered into that certain Replacement Lease dated June 10, 2010 (the "Lease");
WHEREAS, all capitalized terms used but not defined herein shall have the meaning set forth
in the Lease;
WHEREAS, pursuant to that certain Assignment and Assumption Agreement (Lease,
Sublease, Guaranty, Permits,Warranties)dated June 10,2010(the"Assignment"), Original Tenant assigned
to CRC, and CRC assumed from Original Tenant, all of Original Tenant's right, title, and interest in and to the
Lease;
WHEREAS, Original Landlord and Original Tenant executed that certain Memorandum of
Lease and Assignment recorded in the Office of the Hamilton County Recorder as Instrument
Number 2010027241 (the "Memorandum"), which Memorandurrr. (a) set forth the term of the Lease; and
(b)confirmed the assignment to CRC of Original Tenant's right, title, and interest in and to the Lease pursuant
to the Assignment;
WHEREAS, as a result of the assignment pursuant to the Assignment, CRC is the"Tenant"
under the Lease;
WHEREAS, pursuant to that certain Limited Warranty Date of even date herewith, Original
Landlord conveyed the Premises to CRC, as the "Tenant";
WHEREAS,as a result of such conveyance,CRC,on the date hereof, became the"Landlord"
under the Lease;
WHEREAS, because CRC is both the "Landlord" and the "Tenant" under the Lease, the
interests under the Lease have merged, rendering the Lease of no further force or effect;
WHEREAS, CRC and Original Landlord have executed that certain Agreement (Merger of
Leasehold and Fee Interest) of even date herewith pursuant to which each acknowledged that the Lease is
of no further force or effect; and
WHEREAS, because interests under the Lease have merged, rendering the Lease of no
further force or effect, CRC is executing this Termination for purposes of terminating the Memorandum;
Termination
Because: (a) CRC is both the "Landlord" and the "Tenant" under the Lease; and (b) the
interests under the Lease have merged, rendering the Lease of no further force or effect; the Memorandum
hereby is terminated.
IN WITNESS WHEREOF, CRC has executed this Termination as of the date set forth above.
THE CITY OF CARMEL
REDEV' L P ENT CO-t/ ISSION
By: A I le/t PAI//AAAA
William Hammer, Pr-slia t
ACKNOWLEDGMENT
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for the State of Indiana, personally appeared William Hammer, the
President of The City of Carmel Redevelopment Commission, who acknowledged the execution of the
Termination (Memorandum of Lease and Assignment) on behalf of such entity.
WITNESS my hand and Notarial Seal this ) day of June 2013.
By: �-[AitA /(y;{ • 0A/aL
N ary Public
Printed Name: • .. • _ . J.ARNOLD
Notary Public,-le o
Marion COatD E
r My commission sprst
I am a resident of County, Indiana. ° ' May 14.2015
My commission expires
This instrument was prepared by Jennifer R. Shoup, Attorney-At-Law, Wallack Somers& Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana 46204. 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.
Jennifer R. Shoup
Z\Documents\Shoup,Jenny\City of Carmel\Parcel 03Jun13
10-Shapiros\2013 Unwinding\Termination of Memo of
Lease\Termination of Memorandum of Lease wpd -�-