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This Ninth Amendment to Lease ("Ninth Amendment") is made and entered into-
as of the 30th day of September, 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
• 20th day of December, 2002, for certain commercial office building space (the "Leased
Premises") located at 760 3rd Avenue, S.W., City of Carmel, Hamilton County, Indiana;
B. WI-IEREAS, 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. WI-IEREAS, 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. WI-IEREAS, 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. WI-IEREAS, Landlord and Tenant entered into that certain Eighth Amendment
to Lease ("Eighth Amendment") dated August 26, 2013 to extend the Term of the Lease
and modify the Minimum Annual Rent;
J. WHEREAS, Landlord and Tenant have agreed to further amend the Lease to
extend the Term of the Lease; AND
K. WI-IEREAS, 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
October 31, 2013 ("Extension Term").
b. Section 1.02(F):
"F. Commencement Date: The Commencement Date shall be
September 30, 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 October 31, 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 Ninth 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.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Ninth
Amendment the day and year first above written.
A
(LANDLORD)
PEDCOR INVESTMENTS, A LIMITED LIABILITY COMPANY,
A Wyoming limited liability company
By: . —L
Stephanie Anthony, Vice President
(TENANT)
CITY OF CARMEL. INDIANA
. BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
11,; air
pries Brainard, Presiding Officer
Date: Niw�"C/
Mary A n urke, Member
Date: /o -by -/.
i
Lori Wat of ember
Date: A974[ ?
ATTEST:
Diana L. Cordray, I C Clerk-Treasurer