Loading...
HomeMy WebLinkAboutMemorandum of Garage Option - City Center ti MEMORANDUM OF GARAGE OPTION AGREEMENT This Memorandum of Garage Option Agreement (the "Memorandum"), executed by and between The City of Carmel Redevelopment Commission ("CRC"), and Carmel City Center LLC•(the "Developer"), successor in interest to its affiliate, Pedcor Office, LLC ("Pedcor"), as of the _)9 d —day of March, 2008, Witnesses: Recitals WHEREAS,CRC and Developer have executed that certain Garage Option Agreement dated December 31, 2007 (the "Agreement"); and WHEREAS, CRC and Developer seek to execute and record a memorandum of the Agreement; Memorandum NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CRC and Developer represent and acknowledge that: (a) pursuant to the Agreement: (i) CRC has been granted the Acquisition Option; and (H) Developer has been granted the Put Rights; (b) the Acquisition Option and the Put Rights apply with respect to the real estate described on Exhibit A, attached hereto and incorporated herein by reference; (c) each of the Acquisition Option and the Put Rights expires on the Outside Exercise Date; and (d) the foregoing capitalized terms shall have the meanings ascribed thereto in the Agreement. IN WITNESS WHEREOF, CRC and Developer have executed this Memorandum as of the date set forth above. HE CITY-43F CARL REDEVELOPMENT Ronald E. Carter, President SAR "til E L C NTER, LLC By: '� .7 \ __.--------- \ Printed: It ea • j 6 ' l CC\\,� - - ' I Title: `�P1WAM/L, 10C. ,U t'.0\i • ACKNOWLEDGMENTS STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared Ronald E. Carter, the President of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Memorandum of Garage Option Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this_day of March, 2008. BY�y.N2d�^ic ' + 9 Notary Public C\v �' rr l/J\ Printed Name: (°,h(\ fins— •1�-�,0,. I am a resident of _County, Indiana. Notary Public-State of Indiana My commission expires Manor'Coolly My Commissbn Expires: August 1,2014 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared €-'-`'=t A 13 ac,rte. ,the S / C.TPrr_, ,;,of Carmel City Center, LLC,who acknowledged the execution of the foregoing Memorandum of Garage Option Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this l day of arch, 2008. ) •wow- TERRE L.CROSS - , �/ { ? r.n.'"''. Marion County Notary Public \ t.s ,_ My Commission Expires 7 '' August 30,2015 Printed Name: 19 r(c- L. C rn_cJ I am a resident ()CD—'. 4-;';'r\ County, Indiana. My commission expires --3° ' -O t 5. Return following recording to CRC at City of Carmel, Indiana,One Civic Square,Carmel, Indiana 46032,Attn: Les Olds. This instrument was prepared by Jennifer R.Shoup,Attorney-At-Law,W allack Somers& Haas,One Indiana Square, Suite 1500, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jennifer R. Shoup, Attorney-At-Law. 2:\Oocuments\Sboup,Jenny\City of Carmel\Parcels 5 and 7-Pedcor 25Feb08 Retail and PAC\Garage Option Agrecment Memorandum of Garage Option Agrecmcnt.wpd -2- e)c tk A Legal Description (Carmel City Center, LLC owned parcels) Revised Parcel 5A Version 3 May 23, 2006 A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing) 707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land ("Monon Tract") described in the QUITCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana; thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern boundary of said 1.800 acre tract of land to the southern boundary of the 3.549 acre tract of and ("126" Street— Mueller East Tract") described in the CO- CONSERVATORS' DEED recorded as instrument #9909923663 by said Recorder, the following four (4) courses are along the said southern right-of-way line; 1) thence North 77 degrees 00 minutes 25 seconds East 96.48 feet; 2) thence North 89 degrees 36 minutes 45 seconds East 140.00 feet to the POINT OF BEGINNING of this description; 3) thence North 89 degrees 36 minutes 45 seconds East 27.49 feet; 4) thence South 89 degrees 56 minutes 58 seconds East 387.00 feet to the western right-of-way line of Rangeline Road, the following three (3) courses are along said right-of-way line; 1) thence South 09 degrees 38 minutes 09 seconds West 77.92 feet; 2) thence South 00 degrees 54 minutes 50 seconds West 150.03 feet; 3) thence South 00 degrees 13 minutes 54 seconds East 594.40 feet parallel with the East Line of said Northeast Quarter; thence South 89 degrees 12 minutes 13 seconds West 389.01 feet parallel with the northern boundary of the 1.005 acre tract of land described in the LIMITED WARRANTY DEED recorded as instrument #200200025738 by said Recorder; thence North 00 degrees 51 minutes 54 seconds West 826.88 feet parallel with the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING containing 7.468 acres, more or less. ALSO, Carmel City Center — Parcel 5B.3 Version-1 May 17, 2006 A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing) 707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of Iand ("Monon Tract") described in the QUITCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana; thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern boundary of said 1.800 acre tract of land to the southern boundary of the 3.549 acre tract of land ("l2e Street—Mueller East Tract") described in the CO- CONSERVATORS' DEED recorded as instrument #9909923663 by said Recorder, the following two (2) courses are along said southern boundary of said 3.549 acre tract of land; 1)thence North 77 degrees 00 minutes 25 seconds East 96.48 feet; 2) thence North 89 degrees 36 minutes 45 seconds East 140.00 feet to the western boundary of the 7.970 acre tract of land ("Parcel 5A") described in the unrecorded QUITCLAIM DEED dated July 15, 2005; thence South 00 degrees 51 inimites 54 seconds East 169.62 feet along the western boundary of said 7.970 acre tract of land to the POINT OF BEGINNING of this description; thence North 89 degrees 56 minutes 58 seconds West 6.00 feet; thence South 00 degrees 51 minutes 54 seconds East 45.00 feet; thence North 89 degrees 56 minutes 58 seconds West 228.35 feet to the eastern boundary of said 1.800 acre tract of land; thence South 00 degrees 51 minutes 54 seconds East 72.23 feet along the eastern boundary of said 1.800 acre tract of land; thence North 89 degrees 08 minutes 06 seconds East 234.32 feet to the western boundary of said 7.970 acre tract of land; thence North 00 degrees 51 minutes 54 seconds West 113.48 feet along the western boundary of said 7.970 acre tract of land to the POINT OF BEGINNING containing 0.385 acres, more or less. ALSO, Tract 5D A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County,hrdiana, described as follows: Begimning at the brass plug found at the northeast corner of said quarter section, said corner being North 00 degrees 13 minutes 54 seconds West 2,648.02 feet, measured along the east line of said quarter section, from the brass plug found at the southeast corner of said quarter section; thence South 89 degrees 12 minutes 13 seconds West.707,40 feet miming on and along the north line of said North Quarter Section to a point Ion:the east Right of Way line of the former Monon Railway; thence running south on and along'stid east Right of Way line South 00 decrees 51 minutes 54 seconds East 548.25 feet to a point that is the Beginning of this description; thence North 89 degrees 08 minutes 06 seconds East 234.32 feet; thence South 00 degrees 51 minutes 54 seconds East 310.00 feet; thence South 89 degrees 08 minutes 06 seconds West 234.32 feet to a point of the cast Right of Way line of the former Monon Railway; thence north on and along said east Right of Way line North 00 degrees 51 minutes 54 seconds West 310.00 feet to the point of beginning,containing 1.667 acres, more or less. ALSO, Parcel 5C Version 2 May 23, 2006 A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West(assumed bearing) 707 40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land ("Monon Tract") described in the QUITCLAIM DEED recorded as instrument#9909923664 by the Recorder of Hamilton County, Indiana; thence South 00 degrees 51 minutes 54 seconds East 858.25 along the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING of this description; thence North 89 degrees 08 minutes 06 seconds East 234.32 feet; thence South 00 degrees 51 minutes 54 seconds East 233.78 feet parallel with the eastern boundary of said 1.800 acre tract of land; thence South 89 degrees 12 minutes 13 seconds West 234.32 feet parallel with the northern boundary of the 1.005 acre tract of land described in the LIMITED WARRANTY DEED recorded as instrument#200200025738 by said Recorder to the eastern boundary of said 1.800 acre tract of land; thence North 00 degrees 51 minutes 54 seconds West 233.50 feet along the eastern boundary of said 1.800 acre tract of land to the POINT OF BEGINNING containing 1.257 acres, more or less. m,L ,L9,\44 2 pO tS . . Location of Phase 1 Parking Facilities, Phase 2 Parking Facilities, and Phase 3 Parking Facilities N (page S:` Facilities,, Phase 7 Parking Yale 1 of 2 Faction o Phase 2Paarig • Facilities,and Phase 3 Parking �` i Facilities (� `\`\`X 500 51'Sa'E-858. 5 w 1\,,,\\\ \`` _.°- E300'S1• •• 5�18.]S © �� WM �►g+�lw a R WAS 11.. iit. 'tyrant -.., H. u.ua-se .1• ' • u 1 4 W 18.00' ]213' 800'51'54"w 155.77' vv II >0 m500'51'54'E • . C D° �1 DO Ay 772 py r NONn P° - ui r0•m g y'1m m . .. .n o L10 m m $� u ill °n c °n a5 mn n' rn It nz $Q°c_mn ii ��^ u mI F.a • ob_m'A" ° mg 7 LO m m: )7. . • NZ9 2m D NRu r.�°mr o n e z - '° '^ z mm z ° 0 0 ° 0 9 N°u ad d 2 'N 4 • V m 2 D•m q C m A R P m H- d C .0 m ° bra 0 ^i^ • D 16. Dm 0 E N ui4 ® 'I! (21 N zi 4 • µ° - N N µ y e 99 to £ A M L4 ;39 le Piu m0 L :mm n olm i N 2 s L2 z om °P r-^i n n 3 �L1 900'53'54'E 310.00' W l ryto-H "�' N00•51'44'W 626.68' V 500'5154'E 283.10' x 0 m Vyf ra �oN �-' � -j@T�- . ---------_�... �_rtRF •- -IRE- —---niE- - -"-CN=� -17• • - -011 - -•]IE-•- - '"al& I-._.at-__ - -g1Ea. nr AL lie °si m,gm u m y n m Nzm moo yti� mg :x e D D u D a< Y m^ m 11 On 20 N�> ° v° mm4 7 0 a—m r- 2 A� n - m n 0: yl I T r m z ° °S z -, • li i ^� -21: ° mR Z • 2r 20 -I n° r - v £a °m P y ;late 0 K n Tes . ` J m o m ° o op a D naa 2 m N . n�nmNz 0°m In .. '8/m 1p Tn D y D P�mn Y m °Oa00mm V N µ N -I A ig O OS O 0n � p u ° ,P m NfO2 j• Om D ° my g -. o • PO 0E a u ° T 4' -, u0Zy,9 ° D d- ° o g C 8 S a� rA g u z a a 8 m m ° K WESTERN RIGHT-OF-WAY RANGE LINE ROAD o Za _-- �00'13S4'E 894.40' ill 50054'SOW150.OJ ° • - _______ -- _ _ -_ d ------- ay1■neenunnnneeeee l { fie®u l 4st DR 3e9,PAGE 482LEk A��� we• 44=■ Location of Phase 1 Parking Facilities, Phase 2 Parking Facilities, and Phase 3 N Parking Facilities ▪ •a Location of Phase 1 Parking (page 2 of 2) Facilities,Phase 2 Parking t ▪ •• Facilities,antl Phase]Parking .�y� Facilities j Q N69•S6'SB'w PARCEL 58.2 FE4. a- C ]6.08' RFBAR SET 'BAR SET I 11 INST./200200025]3] I \ - 8,2] ,: I E%HIBILA as 0 L9 m LS LI • I F 11 i o c 1 9.502 ACRES mu 14 PARCEL 58.2 o -GALLERY' J L3 n 1 ' II 6w I 0.265 ACRES± AREBARWAS SET AT AU. I . 1( I CORNERS-PARCEL 51E2 NO BUILDINGS ,4 36. 'Sr,J a 11I NOW PUBLIC SERNCEOM ANT a-- n m 1 EASEMENT:SEE DR 130.PG 200 REBAR FRO i' •I'REBAR SET REBAR SET) p 1 SEE MSC REC 160,PG 703 FOR 4 °o I RIGHT TO INSTALL SANITARY to W PARCEL 5B.} r' m I I SEVER to • 1• ns 0.385 ACRES± © s^ II Fi 13'18 NO BUILDINGS b S o .. an REBAR SET I 11 PARCEL SA s .- -EBAR SEi NB9'DB'O6'E 234.12' I I 7.465 ACRES± < NB9'08'O6'E 2}4.12' I I 3 • 1 II NO am LDINGS I POINT OF BEGINNING I gggyg I o t PARCEL 50 I Y A PORTION OF THE 7.970 ACRE TRACT OF LAND u 4y li 1 PEDCOR OFFICE.LLC • !� �� 1 QUITCLAIM GEED •i T. ni CITY OF CARMEL INST.11200500045693 E SEE EXHIBIT B-PACE 89&90 1 m C OF THE QUITCLAIM DEED D I INST.9200500010925 I( y Is a11• 41ill co C PARCEL 50 ni 1.668 ACRES± I INST./200500045692(CRC TO PEDCOR) o R _ NO BUILDINGS o r 1 THIS AREA IS AN EXCEPTION TO a o n THE 7.800 ACRE TRACT OF LAND Ei ;7i DESCRIBED IN THE LIMITED WARRANTY r I DEED TO PEDCOR RECORDED AS n• INST./ 005000238]5,BUT INCLUDED b `n _ 1 IN THE QUITCLAIM DEED , •b ® RECORDED AS INST./200500045593 ° [a • N• ©f.E, z II`` L lij '' Y SANITARY SE9 @R EASEMENT y{alE DR 228,PAGE 102 EOcEa I I e ;N / 1 T N� / 1 0 1 NOTE: INCLUDED IN THE OUITCLAIM DEED /I0 - (GRASS a DIRE) / RECORDED AS INST.9200500045693 / I 1 PEDCOR OFFICE.LLC s e 6 ' LIMITED WARRANTY DEED $ REBM SET REBM SET INST.9200500045592 ^ 4 SB9'OB'Ofi'W 234.37 I I fE a 13 /- , N89308'O6'E 234.32' I I SANITARY SEWER EASEMENT = W 1' ../ I I OR 226.PACE 102 (STPNE) L u PAINT OF BEGINNING Y yi, m PARCEL 5C / j ; L 1,ch I I --I — o I EDGE or STONE g :Z I 3 • I is .W . 9 " CITY OF CARMEL REDEI4LOPMENT LOIAM1610N (44A55) .0-. w SPECIAL WARRANTY DEED 3 e,. INST./9809001]2n I ¢ ,g I.; N d z I I.; • PARCEL 5C (STONE) • r i + 1.257 ACRES± L. S A. NO BUILDINGS N ✓ z 8 C l n Z Fo ■ Ea POINT OF BEGINNING POINT OF BEGINNING is PARCEL SC.I (GRASS) PARCEL 5A.1 A. p [; 'BAR SET SB •I •I /'R[BAR SEi •....FB3 L�9 SvnS.e Ai/,/144-5-1-141-114-11-11444- a 1 s��[�, R:• 111})44; a t 5 -11-1-5- I sri i5 E`S6s.or FL✓ Qy d P R ON OF THE 7.970 ACRE TRACT OF LANG PARCEL 5A.1 W Ii' 3 1 J PARCEL 5C.1 m N PEDCOR OFFICE.LLC 0.501 ACRES* h? 0.]Dl ACRES± 6'GRAIN Uxk'016 in e I QUITCLAIM DEED NO BUILDINGS o„' It / ni NO BUILDINGS ,�N J-0,5 'n o d INST.112 00500 0 4 5 69] —� I � .......... ...... BAS[Oxlr. 2 i.