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HomeMy WebLinkAboutVillage Financial - Hanover Square - Amendment/2012• • • AMENDMENT TO INSTALLMENT PURCHASE CONTRACT (Hanover Square Improvements) This Amendment to Installment Purchase Contract (Hanover Square Improvements) (the "Amendment "), executed by and between Ville Financial, LLC (the "Developer "), and The City of Carmel Redevelopment Commission ( "CRC "), this20 day of September, 2012, Witnesses: Recitals WHEREAS, Developer and CRC have executed that certain Installment Purchase Contract (Hanover Square Improvements) dated May 27, 2011 (the "Installment Contract "); WHEREAS, the parties seek to: (a) amend the definition of Hanover Square Improvements; and (b) add to the existing Exhibit B; 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 Hanover Square Improvements, as set forth in Section 1 of the Installment Contract, hereby is amended and restated in its entirety as follows: "Hanover Square Improvements shall mean an estimated $341,305.61 of: (a) improvements to Hanover Square; and (b) additional benches and trash cans. The Hanover Square Improvements are described in the HSI Specifications." 2. Exhibit Supplement. The "Exhibit B Supplement" attached hereto is added to, and shall be deemed to be a part of, Exhibit B 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 meaning:3 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. • • • IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as of the date set forth above. Z. \Documents'Shoup, Jenny \City of CarmehMercantile Loans \Hanover Square\Amenc ment to IC\Amendment to Hanover Square IC.wpd -2- VILLAGE FINANCIAL, LLC By: in •: =4e-I Dolores M. Krohne, Senior Vice-President THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: William Hammer, President 0 • IN WITNESS WHEREOF, Developer and CRC have executed this Amendment as of Ihe date set forth above. Z' \Documents \Shoup, Jenny \City of Carmel\Mercantile Loans \Hanover Square\Amendment to IC\Amendment to Hanover Square IC.wpd -2- VILLAGE FINANCIAL, LLC By: Dolores M. Krohne, Senior Vice-President THE REDEV.L•'MENT CO ' ISSICIN By: 1 L .I l iSILV//L 0 William Hammer, Pres dart CITY OF CARMEL • • • EXHIBIT B SUPPLEMENT (Added to existing Exhibit B) PARCEL #5 Carmel City Center Installment Purchase Contract No. Recreation Unlimited, Inc. Trash Cans Description of Materials Trash Cans for the Carmel City Center project. Z \Documents` Shoup, Jenny \City of Carmel \Mercantile Loans \Hanover Square\Amenclment to IC\Amendment to Hanover Square IC.wpd -3- 0 0 0 EXHIBIT B SUPPLEMENT (Added to existing Exhibit B) Page 2 PARCEL #5 Carmel City Center Installment Purchase Contract No. Service Supply Ltd., Inc. Benches Description of Materials Benches for the Carmel City Center project. Z \Documents,Shoup, Jenny \Cdy of Carmel \Mercantile Loans \Hanover Square\Amendment to IC\Amendment to Hanover Square IC wpd -4-