HomeMy WebLinkAboutVillage Financial - PAC Fixed Seating - 2nd Amendment/2012•
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SECOND AMENDMENT TO PAC FIXED SEATING
INSTALLMENT PURCHASE CONTRACT
This Second Amendment to PAC Fixed Seating Installment Purchase Contract (the
"Amendment "), executed by and between Villa�! Financial, LLC (the "Developer "), and The City of Carmel
Redevelopment Commission ( "CRC "), this 20'day of September, 2012, Witnesses:
Recitals
WHEREAS, Developer and CRC have executed that certain PAC Fixed Seating Installment
Purchase Contract dated August 31, 2009, as amended by that certain Amendment to PAC Fixed Seating
Installment Purchase Contract dated May 27, 2011 (collectively, the "Installment Contract ");
WHEREAS, the parties seek to: (a) amend the definition of Fixed Seating; and (b) add to the existing
Exhibits B 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 Fixed Seating, as set forth in Section 1 of the Installment Contract,
hereby is amended and restated in its entirety as follows:
"Fixed Seating shall mean an estimated $795,958.35 of: (a) fixed audience seating for use
in the operation of the PAC; (b) footings and foundations for a precast stairwell; and
(c) handrails and other ornamental iron. The Fixed Seating is described in the Fixed Seating
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, and 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 in 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 Fixed
Audience Seating- Mercantile and VF \Second Amendment to IC\2nd Amendment
to Seating IC wpd
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VILLAGE FINANCIAL, LLC
BY:
Dolores M. Krohne, Senior Vice-President
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION
By:
William Hammer, President
• IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as o ' the date
set forth above.
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Z.N ocument AShoup, Jenny1City of CarmehMercantite Loans1PAC Fixed
Audience Se rting- Mercantile and VF1Second Amendment to IC12nd Amendment
to Seating IC wpd
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VILLAGE FINANCIAL, LLC
By:
Dolores M. Krohne, Senior Vice - President
THE CITY OF CARMEL.
REDEVELOPMENT C �� MISSI ON
By: L {J
William Hammer, President
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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.
Capital City Iron
Handrails and ornamental items
Description of Materials
Handrails and other ornamental iron that is associated with the stairs that serve Carmel City Center and
the Center for the Performing Arts.
Z \ Documents \Shoup, Jenny 1City of Carmel \Mercantile Loans \PAC Fixed
Audience Seating-Mercantile and VF \Second Amendment to IC12nd Amendment
to Seating IC wpd
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EXHIBITS B AND C SUPPLEMENT
(Added to existing Exhibit B and Exhibit C)
Page 2
PARCEL #5
Regional Performing Arts Center
Installment Purchase Contract No.
Hagerman Construction
Concrete work
Description of Materials
Footings and foundations that the precast stairwell will sit on to serve Carmel City Center and the Center
for the Performing Arts.
Z.\Documents\Shoup, Jenny\City of Carmel \Mercantile Loans \PAC Fixed
Audience Seating - Mercantile and VF \Second Amendment to IC\2nd Amendment
to Seating IC.wpd
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