HomeMy WebLinkAboutVillage Financial - PAC Equipment - 2nd Amendment/2012•
SECOND AMENDMENT TO PAC EQUIPMENT
INSTALLMENT PURCHASE CONTRACT
This Second Amendment to PAC Equipment Installment Purchase Contract (the
"Amendrent "), executed by and between Villge Financial, LLC (the "Developer "), and The City of Carmel
Redevelopment Commission ( "CRC ") this today of September, 2012, Witnesses:
Recitals
WHEREAS, Developer and CRC have executed that certain PAC Equipment Installment
Purchase Contract dated August 31, 2009, as amended by that certain Amendment to PAC Equipment
Installment Purchase Contract dated May 27, 2011 (collectively, the "Installment Contract ");
WHEREAS, the parties seek to: (a) amend the definition of Equipment; and (b) add to the existing
Exhibits 3 and C; and
WHEREAS, the parties desire to enter into this Amendment;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, Developer and CRC agree as follows:
1. Amendment. The definition of Equipment, as set forth in Section 1 of the Installment Contract,
hereby is amended and restated in its entirety as follows:
"Equipment shall mean an estimated $7,213,652.04 of: (a) equipment for use in the
operation of the PAC (including, without limitation, orchestra risers); (b) precast stairwell; and
(c) pavers, painting, and related equipment for retaining wall. The Equipment is described
in the Equipment Specifications."
2. Exhibit Supplement. The "Exhibits B and C Supplement" attached hereto is added to, and shall be
deemed to be a part of, Exhibit B and Exhibit C attached to the Installment Contract.
3. Authority. Each undersigned person executing this Amendment on behalf of Developer and CRC
represents and certifies that: (a) he or she is fully empowered and authorized by all necessary action of
Developer and CRC, respectively, to execute and deliver this Amendment; (b) he or she has full capacity,
power, a authority to enter into and carry out this Amendment; (c) the execution, delivery, and performance
of this Amendment have been authorized by Developer and CRC, respectively; and (d) this Amendment is
the legal valid and binding obligation of Developer and CRC, respectively.
4. Miscellaneous. This Amendment shall be governed by, and construed in accordance with, the laws
of the State of Indiana. All capitalized terms used in this Amendment and not defined herein shall have the
meanings ascribed to such terms in the Installment Contract. In the event of any conflict between the
Installment Contract 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 Installment Contract shall
remain full force and effect, and Developer and CRC reaffirm the validity and binding effect of the
Installment Contract, as amended by this Amendment.
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IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as of the date
set forth above.
Z. \Documents Shoup, Jenny \City of Carmel \Mercantile Loans \PAC
Equipment -Me rcantile \Second Amendment to IC\2nd Amendment to PAC
Equipment IC wpd
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VILLAGE FINANCIAL, LLC
By: )?l-
Dolores M. Krohne, Senior Vice-President
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION
By:
William Hammer, President
s
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IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as oft he date
set forth above.
Z \Documents\Shoup, Jenny\City of CarmehMercantile Loans \PAC
Equipment - Mercantile \Second Amendment to IC\2nd Amendment to PAC
Equipment IC wpd
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VILLAGE FINANCIAL, LLC
By:
Dolores M. Krohne, Senior Vice-President
THE CITY OF CARMEL-
REDEV Lo.'/ ENT CO /ISSION
BY: ` 0I / '� %� IA`
William Hammer, Pr- de
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EXHIBITS B AND C SUPPLEMENT
(Added to existing Exhibit B and Exhibit C)
PARCEL #5
Regional Performing Arts Center
Installment Purchase Contract No.
Coreslab Structures
Precast stairwell
Description of Materials
Precast Stairwell that will be shipped to the site and assembled in place to serve Carmel City Center and
the Center for the Performing Arts.
Z \Documents Shoup, Jenny \City of Carmel \Mercantile Loans \PAC
Equipment - Mercantile \Second Amendment to IC\2nd Amendment to PAC
Equipment IC.wpd
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EXHIBITS B AND C SUPPLEMENT
(Add to existing Exhibit B and Exhibit C)
Page 2
PARCEL #5
Carmel City Center
Installment Purchase Contract No.
Hagerman Construction
Brick Pavers
Description of Materials
Brick Pavers for the retaining wall at the lower level retail section at Carmel City Center.
Z \Documents%Shoup, Jenny City of Carmel \Mercantile Loans \PAG
Equpment-Mnrcantile\Second Amendment to IC\2nd Amendment to PAC
Equipment IC wpd
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EXHIBITS B AND C SUPPLEMENT
(Add to existing Exhibit B and Exhibit C)
Page 3
PARCEL #5
Carmel City Center
Installment Purchase Contract No.
Angela Construction
Paint Materials
Description of Materials
Faint Materials for the retaining wall at the lower level retail section at Carmel City Center.
Z' \Documents, Shoup, Jenny\City of Carmel \Mercantile Loans \PAC
Equipment- ME.rcantde \Second Amendment to IC\2nd Amendment to PAC
Equipment IC wpd
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