HomeMy WebLinkAboutFirst Amendment to Taxpayer Agreement (Condo Property) - 6-30-222022035496 AMEN $25.00
07/18/2022 09:31:47AM 13 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN AMM
Cross Reference
The Taxpayer Agreement (Condo Property) referenced herein is recorded in the Office of the Hamilton
County Recorder as Instrument No. 2017028289.
FIRST AMENDMENT TO TAXPAYER AGREEMENT
Condo Property
This First Amendment to Taxpayer Agreement (Condo Property) (the "Amendment") is
executed this 30th day of June, 2022, by and between The City of Carmel Redevelopment Commission
("CRC') and Monon Brownstones Homeowners Association Inc. ("Association").
Recitals
WHEREAS, CRC and Association, as successor in interest to Monon and Main, LLC, have
executed that certain Taxpayer Agreement (Condo Property) dated as of May 16, 2017 (the "Agreement");
WHEREAS, all capitalized terms used but not defined herein shall have the meanings
ascribed to such term in the Agreement; provided that, to the extent that terms used and defined in the
Agreement also are defined herein, the original definitions shall be deemed to be amended and restated with
the definitions set forth herein;
WHEREAS, CRC and Association have executed: (a) that certain Installment Contract
(Garage Air Parcel/Component) dated June 16, 2017 (the "Original Installment Contract"); as amended by
(b) that certain First Amendment to Installment Purchase Contract (Garage Air Parcel/Component) dated as
of November 30, 2021 (the "First IC Amendment');
WHEREAS, the Original Installment Contract and the First IC Amendment, collectively, are
the "Installment Contract';
WHEREAS, Association has requested, and the Payment Rights Purchaser has agreed to,
a modification of the payments as reflected in the existing IC Payment Exhibit to the Installment Contract;
WHEREAS, accordingly, pursuantto the First IC Amendment, the parties have replaced the
IC Payment Exhibit with a "Replacement IC Payment Exhibit';
WHEREAS, Subsection 3(d) of the Agreement provides that, in connection with an addendum
to, or a replacement of, the IC Payment Exhibit, the Installment Payments Schedule shall be amended or
restated so that the amounts set forth on the Installment Payments Schedule are identical to the amounts set
forth on the replacement to the IC Payment Exhibit;
WHEREAS, Association has requested, and CRC has agreed to, a modification of the Condo
Property Percentage; and
WHEREAS, CRC and Association desire to enter into this Amendment;
Amendment
Accordingly, for good and valuable consideration, the receipt and sufficiency of which are
acknowledged hereby, CRC and Association agree to the terms and conditions of this Amendment.
1. Amendment. Exhibit B attached to the Agreement is replaced and superseded in its entirety by the
Installment Payments Schedule attached hereto as "Replacement Exhibit B". From and after the date
hereof, all references in the Agreement to "Exhibit B" shall be deemed instead to be references to the
attached Replacement Exhibit B.
2. Condo Property Percentage. The term "Condo Property Percentage" as defined in Section 1 of
the Agreement, is hereby amended and restated, in its entirety, as follows:
Condo Property Percentage shall mean: (a) through and including calendar year 2021,
19%; (b) during calendar 2022, 26%; and (c) from and after calendar year 2023, 25%.
3. Miscellaneous. In the event of any conflict between the Agreement and this Amendment, the terms
and conditions of this Amendment shall control. Except as expressly provided in this Amendment, all of the
terms and conditions of the Agreement shall remain in full force and effect.
[Signature pages to follow.]
-2-
IN WITNESS WHEREOF, CRC and Association have executed this Amendment as of the
date set forth above.
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
CRC:
THE CITY OF CARMEL
REDEVEL %NT C M ISSION
B,.
William Ha mer, resident
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 foregoing First Amendment to Taxpayer Agreement (Condo Property) for and on behalf of such entity.
Witness my hand and Notarial Seal this 9,9,A day of J U n e 12022.
MICHAEL LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22, 2027
My commission expires:
I am a resident of County,
-3-
By:
Notary Public
Printed Name:
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
THE CITY OF CARMEL
REDE,YELOP NT COMNYSSION
By.
David C. Bowers, Vice President
Before me, a Notary Public in and for the State of Indiana, personally appeared
David C. Bowers, the Vice President of The City of Carmel Redevelopment Commission, who acknowledged
the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for and on behalf
of such entity.
Witness my hand and Notarial Seal this 17/..5day of U (A 1) 2022.
MICHAEL LEE By:
Notary Public - Seal Notary Public
Hamilton County -State of Indiana
[ommission Number NP0719893
My Commission Expires Apr 22, 2027 Printed Name:
My commission expires:
I am a resident of County,
-4-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
MONON BROWNSTONES
HOMEOWNERS ASSOCIATION I C.
Printed:
Title: 7iG9%!� �'` f a �' C� ii �7✓L
�7 BefTe me, a Notary Public in and for the State of Indiana, personally appeared
�1'h5 , the Ihp ! r of Monon Brownstones Homeowners Association Inc., who
acknowledged the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity.
Witness my hand and Notarial Seal this 3 0' day of Vane 2022•
MICHAE1 LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22, 2027
My commission expires:
I am a resident of
County,
By: ,
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrument was prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
M 0 N 0 N BROWNSTONES
HOM,EO V- RS ASSOCIATION INC.
1
41y.
Printed:
Title:
n ]� Before me, a Notary Public in and for the State of Indiana, personally appeared
f G�L°I^ 1�U,n _,the bPr of Monon Brownstones Homeowners Association Inc., who
acknowledged the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity. Witness my hand and Notarial Seal this 2 J 0 day of Jane , 2022.
MICHAEL LEE
Notary Public - Seal
Flamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22, 2027
My commission expires:
I am a resident of
County,
By
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrument was prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
MONON BROWNSTONES
HOMEOWNERS ASSOCIATION INC.
Printed: �� ?er' Y:1 'r
Title: 50 v? fjl
Before me, a Nota Public in and for the State of Indiana, personally appeared
6, the of Monon Brownstones Homeowners Association Inc., who
acknowledged th execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity.
Witness my hand and Notarial Seal this
MICHAEL LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 27, 2027
My commission expires:
I am a resident of
County,
day of June , 2022•
By.
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrument was prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
MONON
HOMEOWN
Br
Printed
Title: (
RO N S T 0 N E S
k990CIATION INC.
Before me, a Nota Public in and for the State of Indiana, personally appeared
F- r1( 9Kn1)u m , the I of Monon Brownstones Homeowners Association Inc., who
acknowledged the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity.
Witness my hand and Notarial Seal this 30 day of JU ►t P , 2022•
MICHAEL LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22, 2027
My commission expires:
I am a resident of
County,
By.
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrument was prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
MO NQN BROWNSTONES
HO O NER SSOCIATION INC.
Rv-
Title: 70 M-lk-tv,
Before me, a Nota Public in and for the State of Indiana, personally appeared
don An lyh , the rr of Monon Brownstones Homeowners Association Inc., who
acknowledged the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity.
Witness my hand and Notarial Seal this 304h day of J U he 12022.
MICHAEL LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22, 20Z7
My commission expires:
I am a resident of
County,
By.
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrumentwas prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
MONON B OWNSTONES
HOMEOW%f-RS%4SSOCIATION INC.
By.
Printed:
Title: cS t �'l•� B I n
Si e
Afore me, a Notary Public in and for the State of Indiana, personally appeared
the ntea hu- of Monon Brownstones Homeowners Association Inc., who
acknowledged the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity.
Witness my hand and Notarial Seal this ✓u - day of 14 h P , 2022•
MICHAEL LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22, 2027
My commission expires:
I am a resident of
County,
By.
r
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrumentwas prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ASSOCIATION:
M 0 N 0 N BROWNSTONES
HOMEOWNERS ASSOCIATION INC.
By
Printed:
Title: Lib
Befo a me, a Notary Public in and for the State of Indiana, personally appeared
PQr m r , the rya bfe - of Monon Brownstones Homeowners Association Inc., who
ackno edged the execution of the foregoing First Amendment to Taxpayer Agreement (Condo Property) for
and on behalf of such entity.
Witness my hand and Notarial Seal this 3 04A day of &Qf 12022.
MICHAEL LEE
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0719893
My Commission Expires Apr 22. 2027
My commission expires:
I am a resident of
County,
By.
Notary Public
Printed Name:
Return after recording to CRC at One Civic Square, Carmel, Indiana 46032, Attn: Executive Director.
This instrumentwas prepared by Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana
Square, Suite 2300, Indianapolis, Indiana, 46204. 1 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.
Ryan R. Wilmering
-5-
REPLACEMENT EXHIBIT B
Installment Payments Schedule
Exhibit B
Replacement Installment Purchase Schedule
Payment Due
Principal
IP
Interest
IP
Total Installment Annual Installment
Dates
Outstanding
Principal
Rate
Interest
Payment
Payments
8/1/2019
3,964,000.00
0.00
4.35%
84,107.95
84,107.95
2/1/2020
3,964,000.00
72,014.74
4.35%
87,402.83
159,417.57
243,525.52
8/1/2020
3,891,985.26
0.00
4.35%
85,581.78
85,581.78
2/1/2021
3,891,985.26
72,885.77
4.35%
86,531.80
159,417.57
244,999.35
8/1/2021
3,819,099.49
75,925.91
4.35%
83,491.66
159,417.57
2/1/2022
3,743,173.55
78,112.94
3.55%
75,450.64
153,563.58
312,981.15
8/1/2022
3,665,060.61
88,147.34
3.55%
65,416.24
153,563.58
02/01/23
3,576,913.27
88,662.48
3.55%
64,901.10
153,563.58
307,127.16
08/01/23
3,488,250.79
91,303.15
3.55%
62,260.43
153,563.58
02/01/24
3,396,947.64
91,927.85
3.55%
61,635.73
153,563.58
307,127.16
08/01/24
3,305,019.79
94,247.66
3.55%
59,315.92
153,563.58
02/01/25
3,210,772.13
95,305.90
3.55%
58,257.68
153,563.58
307,127.16
08/01/25
3,115,466.23
97,956.84
3.55%
55,606.74
153,563.58
02/01/26
3,017,509.39
98,812.55
3.55%
54,751.03
153,563.58
307,127.16
08/01/26
2,918,696.84
101,468.90
3.55%
52,094.68
153,563.58
02/01/27
2,817,227.94
102,446.54
3.55%
51,117.04
153,563.58
307,127.16
08/01/27
2,714,781.40
105,108.50
3.55%
48,455.08
153,563.58
02/01/28
2,609,672.90
106,212.52
3.55%
47,351.06
153,563.58
307,127.16
08/01/28
2,503,460.38
108,633.42
3.55%
44,930.16
153,563.58
02/01/29
2,394,826.96
110,110.78
3.55%
43,452.80
153,563.58
307,127.16
08/01/29
2,284,716.18
112,784.57
3.55%
40,779.01
153,563.58
02/01/30
2,171,931.61
114,155.09
3.55%
39,408.49
153,563.58
307,127.16
08/01/30
2,057,776.52
116,835.13
3.55%
36,728.45
153,563.58
02/01/31
1,940,941.39
118,346.28
3.55%
35,217.30
153,563.58
307,127.16
08/01/31
1,822,595.11
121,032.79
3.55%
32,530.79
153,563.58
02/01/32
1,701,562.32
122,689.68
3.55%
30,873.90
153,563.58
307,127.16
08/01/32
1,578,872.64
125,227.20
3.55%
28,336.38
153,563.58
02/01/33
1,453,645.44
127,187.99
3.55%
26,375.59
153,563.58
307,127.16
08/01/33
1,326,457.45
129,888.16
3.55%
23,675.42
153,563.58
02/01/34
1,196,569.29
131,852.50
3.55%
21,711.08
153,563.58
307,127.16
08/01/34
1,064,716.79
134,559.86
3.55%
19,003.72
153,563.58
02/01/35
930,156.93
136,686.40
3.55%
16,877.18
153,563.58
307,127.16
08/01/35
793,470.53
139,401.23
3.55%
14,162.35
153,563.58
02/01/36
654,069.30
141,695.86
3.55%
11,867.72
153,563.58
307,127.16
08/01/36
512,373.44
144,367.90
3.55%
9,195.68
153,563.58
02/01/37
368,005.54
146,886.32
3.55%
6,677.26
153,563.58
307,127.16
08/01 /37
221,119.22
221,119.22
3.55%
3,946.67
225,065.89
225,065.89
Totals
$3,963,999.97
$1.669.479.34
5.633.479.31
5,633,479.31