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HomeMy WebLinkAboutConfirmation - Representations & Warranties - Phase IIIa CONFIRMATION Representations and Warranties Phase Illa This Confirmation, executed by The City of Carmel Redevelopment Commission ("CRC"), and Pedcor Office, LLC ("Pedcor"), this ,f`' day of S ce-01b et-- , 2004, WITNESSES: Recitals WHEREAS, CRC and Pedcor, as assignee of Pedcor Investments, LLC, have entered that certain Project Agreement dated December 27, 2002, as subsequently amended (collectively, the "Project Agreement"); WHEREAS, pursuant to the Project Agreement, each of CRC and Pedcor made certain representations and warranties (the "Representations"); WHEREAS, the Project Agreement requires that, at the closing with respect to the Phase III Site (as defined in the Project Agreement), each of CRC and Pedcor shall execute a confirmation of the applicable Representations; and WHEREAS, CRC and Pedcor desire to execute this Confirmation, as required by the Project Agreement; Confirmation NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, CRC and Pedcor confirm the applicable Representations as follows: 1. CRC Confirmation. CRC certifies and confirms that each of the representations and warranties set forth in Subsection 10(a) of the Project Agreement is true and correct in all respects as of the date hereof. 2. Pedcor Confirmation. Pedcor certifies and confirms that each of the representations and warranties set forth in Subsection 10(b) of the Project Agreement is true and correct in all respects as of the date hereof. IN WITNESS WHEREOF, CRC and Pedcor have executed this Certification as of the date set forth above. Monuments and Settings\pmonissey\Local Settings\Temporary 08Dec04 Internet Files\OLKA7\Confirmation of Reps-Phase III Closing.doc THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: • Title: Oce ehescdetti PEDCOR OFFICE, LLC By: Printed: Title: C:\Documents and Settings\pmorrissey\Local Settings\Temporary 08Dec04 Internet Files\OLKA7\Confirmation of Reps-Phase III Closing.doc CONFIRMATION Representations and Warranties Phase Illa This Confirmation executed The City of Carmel Redevelopment Commission ("CRC"), and Pedcor Office, LLC ("Pedcor"),this day of lo-e' ,2004,WITNESSES: Recitals WHEREAS, CRC and Pedcor,as assignee of Pedcor Investments, LLC, have entered that certain Project Agreement dated December 27,2002, as subsequently amended (collectively, the"Project Agreement"); WHEREAS, pursuant to the Project Agreement, each of CRC and Pedcor made certain representations and warranties (the"Representations"); WHEREAS, the Project Agreement requires that, at the closing with respect to the Phase III Site (as defined in the Project Agreement), each of CRC and Pedcor shall execute a confirmation of the applicable Representations; and WHEREAS, CRC and Pedcor desire to execute this Confirmation, as required by the Project Agreement; Confirmation NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are acknowledged, CRC and Pedcor confirm the applicable Representations as follows: 1. CRC Confirmation. CRC certifies and confirms that each of the representations and warranties set forth in Subsection 10(a)of the Project Agreement is true and correct in all respects as of the date hereof. 2. Pedcor Confirmation. Pedcor certifies and confirms that each of the representations and warranties set forth in Subsection 10(b)of the Project Agreement is true and correct in all respects as of the date hereof. IN WITNESS WHEREOF, CRC and Pedcor have executed this Certification as of the date set forth above. THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: Printed: Title: PUDCOR OFF,I,CE--LL-9 By: Printed: h \ 1� i'.(; 14_,01 Title: Lilt .Rs1!Z1 "c:v C:\Documents and Settings\ericn\Local Settings\Temporary Internet 06Dec04 Files\OLK29\ConfirCF.doc File No.: 2043417 EXHIBIT A (Phase III) Part of the Northeast Quarter of Section 36, Township 18 North Range 3 East, in Hamilton • County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said quarter section; thence South 89 degrees 12 minutes 13 seconds West along the north line of said quarter section 1,177.71 feet; thence South 00 degrees 12 minutes 13 seconds West 26.53 feet; thence South 00 degrees 46 minutes 33 seconds East 554.73 feet; thence South 89 degrees 48 minutes 03 seconds West 60.05 feet to the western right-of-way line of Third Avenue as described in the deed to the City of Carmel Board of Public Works, recorded as Instrument number 99-9923663 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 46 minutes 33 seconds West along said western right- of-way line 162.24 feet to the southeast corner of Carmel City Center Phase II-East Parcel, described in the deed to Pedcor Office, LLC, recorded as Instrument number 2004-22999 in said Recorder's office; thence South 89 degrees 58 minutes 22 seconds West 197.13 feet along the south line of said Phase II to the southwest corner of said Phase II and the Point of Beginning of this description; thence South 89 degrees 58 minutes 22 seconds West 124.83 feet along the north line of the land described in the deeds to Pedcor Office, LLC, for Carmel City Center Phase I, recorded as Instrument numbers 2003-59244, 2003-59245 and 2003-59246 in said Recorder's office; thence North 00 degrees 00 minutes 00 seconds East 139.77 feet to the southern right-of- way line of City Center Drive described in Transfer Parcel 2 to the City of Carmel Board of Public Works, recorded as Instrument number 2004-22998 in said Recorder's office; thence South 89 degrees 54 minutes 04 seconds East 124.83 feet along said southern right-of-way line to the west line of said Phase II-East Parcel; thence South 00 degrees 00 minutes 00 seconds West 139.49 feet along said west line to the point of beginning and containing 0.400 acres, more or less. NOTE: The acreage shown above is included for descriptive purposes only. The policies, when issued, should not be construed as to insuring the amount of acreage included therein.