HomeMy WebLinkAboutVillage Financial - PAC Production Sound Equipment - 3rd amendment/2012•
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THIRD AMENDMENT TO PAC SOUND EQUIPMENT
INSTALLMENT PURCHASE CONTRACT
This Third Amendment to PAC Sound Equipment Installment Purchase Contract (the
"Amendment "), executed by and between Villa�c ,Financial, LLC (the "Developer "), and The City of Carmel
Redevelopment Commission ( "CRC ") this 2Qfay of September, 2012, Witnesses:
Recitals
WHEREAS, Developer and CRC have executed that certain PAC Sound Equipment
Installment Purchase Contract dated August 31, 2009, as amended by that certain: (a) Amendment to PAC
Sound Equipment Installment Purchase Contract dated May 27, 2011; and (b) Second Amendment to PAC
Sound Equipment Installment Purchase Contract dated June 15, 2012 (collectively, the "Installment Contract ");
WHEREAS, the parties seek to: (a) amend the definition of Sound Equipment; 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 Sound Equipment, as set forth in Section 1 of the Installment
Contract, hereby is amended and restated in its entirety as follows:
"Sound Equipment shall mean an estimated $1,649,084.00 of: (a) production sound
equipment for use in the operation of the PAC; and (b) brick pavers for a retaining wall. The
Sound Equipment is described in the Sound 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, 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.
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VILLAGE FINANCIAL, LLC
By: A 7
Dolores M. Krohne, Senior Vice - President
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION
By:
William Hammer, President
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IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as of the date
set forth above.
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VILLAGE FINANCIAL, LLC
By:
Dolores M. Krohne, Senior Vice-President
THE
REDEVEITOf"(VIENT CO MISSION
CITY OF CARMEL.
By: t
William Hammer, Pres de
11/
EXHIBITS B AND C SUPPLEMENT
• (Added to existing Exhibit B and Exhibit C)
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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.
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Sound - Mercantile and VF \3rd Amendment to IC \3rd Amendment to Sound
IC wpd
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