Pedcor/Util/8th Amendment to lease PPE-
EIGHTH AMENDMENT TO LEASE rept
unt
This Eighth Amendment to Lease ("Eighth Amendment") is made and entered
into as of the 26th day of August, 2013 by and between Pedcor Investments, A Limited
Liability Company, an Indiana limited liability company, ("Landlord"), and Carmel
Utilities, by and through the City of Carmel's Board of Public Works and Safety
("Tenant");
RECITALS:
A. WHEREAS, Landlord and Tenant entered into a Lease ("Lease") dated the
20t day of December, 2002, for certain commercial office building space (the "Leased
Premises") located at 760 3th Avenue, S.W., City of Carmel, Hamilton County, Indiana;
B. WHEREAS, Landlord and Tenant entered into that certain First Amendment to
Lease ("First Amendment") dated June 7, 2006 to modify provisions in the Lease with
regard to.Utility Expenses;
C. WHEREAS, Landlord and Tenant entered into that certain Second Amendment
to Lease ("Second Amendment") dated May 7, 2008 to extend the Term of the Lease and
change the Minimum Annual Rent;
D. WHEREAS, Landlord and Tenant entered into that certain Third Amendment
to Lease ("Third Amendment") dated May 20, 2009 to extend the Term of the Lease and
modify the Minimum Annual Rent;
E. WHEREAS, Landlord and Tenant entered into that certain Fourth Amendment
to Lease ("Fourth Amendment") dated May 5, 2010 to extend the Term of the Lease and
modify the Minimum Annual Rent;
F°WHEREAS. Landlord and Tenant entered into that certain Fifth Amendment to
Lease ("Fifth Amendment") dated August 17, 2011 to extend the Term of the Lease and
modify the Minimum Annual Rent;
G. WHEREAS, Landlord and Tenant entered into that certain Sixth Amendment
to Lease ("Sixth Amendment") dated June 6, 2012 to extend the Term of the Lease and
modify the Minimum Annual Rent;
H. WHEREAS, Landlord and Tenant entered into that certain Seventh
Amendment to Lease ("Seventh Amendment") dated June 26, 2013 to extend the Term of
the Lease and modify the Minimum Annual Rent;
I. WHEREAS, Landlord and Tenant have agreed to further amend the Lease to
extend the Term of the Lease; AND
J. WHEREAS, Landlord and Tenant now wish to so amend and extend the Lease
as provided herein.
AGREEMENT:
For and in consideration of the mutual covenants and agreements set forth in this
Eight Amendment, Landlord and Tenant hereby agree to amend the Lease as follows:
1. Recitals. The above recitals are incorporated herein by reference.
2. Replacement of Provisions. Sections 1.02(E) and 1.02(F) of the Lease is
hereby deleted in its entirety and replaced with the following:
a. Section 1.02(E):
"E. Term: "One (1) month." The Lease is hereby extended to
September 30, 2013 ("Extension Term").
b. Section 1.02(F):
"F. Commencement Date: The Commencement Date shall be
August 26, 2013."
3. Replacement of Provision. Section 2.01 of the Lease is hereby deleted in its
entirety and replaced with the following:
"Section 2.01. Term. The term of this Lease shall be the period
of time specified in Item E of the Basic Lease Provisions and shall
commence on the Commencement Date as provided in Item F of
the basic Lease Provisions (the "Term"). The Expiration Date
shall be September 30, 2013. It is understood and agreed,
however, that this Lease shall expire at the end of the period for
which the fiscal body(ies) of a Tenant has/have appropriated funds
for payments due under this Lease for the term set forth herein.
Option to Extend. INTENTIONALLY DELETED.
3. Effect of Amendment. Except as revised by this Eighth Amendment, the
Lease shall remain in full force and effect. To the extent of any conflict between
this Eight Amendment and the Lease, the terms of this Eight Amendment shall
control.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Eighth
Amendment the day and year first above written.
(LANDLORD)
PEDCOR INVESTMENTS, A LIMITED LIABILITY COMPANY,
A Wyoming limited liability company
By: / f �rO!/
Douglas Boggs, Senior Vice President & CFO
(TENANT)
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana L. Cordray, IAMC Clerk-Treasurer
3
CITY OF CARMEL. INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
,4
mes Brainard, Presiding-0
Date: 7 -2 /
Mary Am :If e, Member
Date: W. '-')/'"1_3
i -
Pv
Lori Watso , Member
Date: Sral I I 3
ATTEST:
Sandra M.Johnson,
A.441 Ule__J_iAk Deputy Clerk for
Dirt,. Cordray, IA 3 Clerk-Treasurer
STATE OF INDIANA )
SS:
COUNTY OF )
Before me; a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Aim Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing"Agreement" on behalf of the City of
Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 2012.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence:
Date: