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HomeMy WebLinkAboutVillage Financial - PAC Production Sound Equipment - Amendment/20110 AMENDMENT TO PAC SOUND EQUIPMENT INSTALLMENT PURCHASE CONTRACT This Amendmeni to PAC Sound Equipment , Installment Purchase Contract (the "Amendment ") is executed thisaiday of May, 2011, by and between Village Financial, LLC (the "Developer "), and The City of Carmel Redevelopment Commission ( "CRC "). Recitals WHEREAS, Developer and CRC have entered into that certain PAC Sound Equipment Installment Purchase Contract dated August 31, 2009 (the "Installment Contract "); WHEREAS, the parties seek to amend the definition of Sound Equipment; 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, is amended and restated in its entirety as follows: "Sound Equipment shall mean an estimated $1,649,084.00 of production sound equipment for use in the operation of the PAC. The Sound Equipment is described in the Sound Equipment Specifications." 2. Payments. Notwithstanding anything to the contrary set forth in this Amendment or the Installment Contract, the principal portion of Payment Period 2 Installments is specified in the amortization schedule attached hereto as Schedule 1. Each of Developer and CRC acknowledges that the interest portion of the Payment Period 2 Installments shall continue to fluctuate based on any changes in the Applicable Libor Interest Rate. If the Extension Option is exercised, then a new principal amortization table shall be prepared and agreed to by the parties. 3. Authority. Each undersigned persons 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 words 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 Contract, as amended by this Amendment. • • • IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as of the date set forth above. Z \Documents\Shoup. Jenny \City of Carmel \Parcel 7 \PAC Production Sound - Mercantile and VF \Installment Contract\Amendment to PAC Sound IC v2 wpd -2- VILLAGE FINANCIAL, LLC By )9/ . )(-4(9 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 of the date set forth above. Z \Documents \Sncuo, Jenny \City of Carmel \Parcel 7 \PAC Product on Souno- Mercantile and VF \Installment Contract\Amendment to PAC Sound IC v2 wpd -2- VILLAGE FINANCIAL, LLC By: Dolores M. Krohne, Senior Vice-President THE CITY OF CARMEL REDEV L!PMENT C MISSION By: William Hammer, P ='dent Cm1 $1,649,084 Loan Principal Amortization Schedule PAC Sound Payment No. Payment Date Principal 1. 9/1/11 $12,463.01 2. 12/1/2011 12,611.01 3. 3/1/2012 12,760.76 4. 6/1/2012 12,912.30 5. 9/1/2012 13,065.63 6. 12/1/2012 13,220.79 7. 3/1/2013 13,377.78 8. 6/1/2013 13,536.64 9. 9/1/2013 13,697.39 10. 12/1/2013 13,860.05 11. 3/1/2014 14, 024.64 12. 6/1/2014 14,191.18 13. 9/1/2014 14,359.70 14. 12/1/2014 14,530.22 15. 3/1/2015 14,702.77 16. 6/1/2015 14,877.36 17. 9/1/2015 15,054.03 18. 12/1/2015 15,232.80 19. 3/1/2016 15,413.69 20. 6/1/2016 1,385,192.25 •