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HomeMy WebLinkAboutMemorandum of Garage Option City Center - TERMINTATION Cross Reference The Memorandum of Garage Option Agreement terminated by this Termination (Memorandum of Garage Option Agreement) is recorded as Instrument Number 2008024090 in the Office of the Hamilton County Recorder. TERMINATION Memorandum of Garage Option Agreement This Termination(Memorandum of Garage Option Agreement)(the"Termination"),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, as of October 29, 2013, Witnesses: Recitals WHEREAS, CRC and Developer executed that certain Garage Option Agreement dated December 31, 2007 (the "Agreement"); WHEREAS, CRC and Developer executed that certain Memorandum of Garage Option Agreement that is recorded as Instrument Num ber2008024090 in the Office of the Hamilton County Recorder (the "Memorandum"); WHEREAS, pursuant to that certain Third Amendment to Master Project Agreement dated December 7, 2011 (the "MPA Third Amendment"), CRC and Developer terminated the Agreement; WHEREAS, accordingly, from and after December 7,2011,the Agreement has had no force or effect; WHEREAS, the MPA Third Amendment contemplated that, if the Agreement or a memorandum thereof was recorded, then the parties would execute and record a termination of the Agreement or such memorandum thereof; WHEREAS, the parties neglected to record such a termination; and WHEREAS, the parties seek to record this Termination; Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CRC and Developer represent and acknowledge that the Agreement was terminated on, and has had no force or effect since, December 7, 2011. Accordingly, by this Termination, CRC and Developer terminate the Memorandum. IN WITNESS WHEREOF,CRC and Developer have executed this Termination as of the date set forth above. THE CITY OF CARMEL REDS LOPMENT COMMIS/ION /r William Hammer, Pr si nt STATE OF INDIANA ) 1 ) SS: COUNTY OF MARION Before me, a Notary Public in and for the State of Indiana, personally appeared William Hammer,the President of The City of Carmel Redevelopment Commission,who acknowledged the execution of the foregoing Termination (Memorandum of Garage Option Agreement) on behalf of such entity. WITNESS my hand and Notarial Seal as of the 29th day of October, 2013. By: y / . _ Notary Publi Printed Name: CARLA J.ARNOLD g Notary Public,State of Indiana I am a resident of— _____ County, Indiana. ,;, Marion cnnnty My commission Expires My commission expires May 14,2015 Z:\Docuri nts\Shoup,Jenny\City of Carmel\Parcel S\Miscellaneous\Garage 28Oct13 Option Agreement\Termination of Memo of Garage Option Agreementwpd -2- IN WITNESS WHEREOF,CRC and Developer have executed this Termination as of the date set forth above. CARMELd(,CITY CENTER, LLC �yp By: ___194 .14.s.„ )it 2&fl ' Dolores M.Krohne,Senior Vice-President STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, personally appeared Dolores M. Krohne, Senior Vice-President of Carmel City Center, LLC, who acknowledged the execution of the foregoing Termination (Memorandum of Garage Option Agreement) on behalf of such entity. WITNESS my hand and Notarial Seal as of the ay of • sber, 2013. t ("--------13Y: __� _ —�146 ► Notary Public Printed Name: cf) S fvCC I am a resident of is __ County, Indiana. My commission expires �/o�rj aQ _ l 111 .• ,.o...,, JESUS C.RIVERA ;'Fuorrnv '. Hamilton County a;. My Commission Expires .i p;,„a:= August 28,2020 Return following recording to, and this instrument was prepared by, Jennifer R. Shoup, Attorney-At-Law, Wallack Somers & Haas, One Indiana Square, Suite 2300, 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. Z:Docurnents\Shoup,Jenny\City of Carmel\Parcel 5\Miscellaneous\Garage 28Oct13 Option Agreement\Termination of Memo of Garage Option Agreementwpd -3-