|
(0 6(-)-)
<br />FOURTH AMENDMENT TO
<br />OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
<br />This Fourth Amendment to Operation, Maintenance and Easement Agreement (this
<br />"Amendment ") is made an entered into effective as of , 2011, by and among
<br />Jenna Hotel Investments, LLC ( "Jenna "), a Delaware limited liability company, with offices at
<br />One Ten James Street, Suite 102, Edmonds, Washington 98020 (successor to Rahn Properties II
<br />( "Rahn "), South Bend Joint Venture and Host Hotels & Resorts, L.P. ( "Host ")), First Bank
<br />Center Limited Partnership ( "Center "), a Minnesota limited partnership, with its principal office
<br />at 4924 IDS Center, 80 South Eighth Street, Minneapolis, Minnesota 55402 (successor to 1st
<br />Source Corporation f/k/a FBT Bancorp, Inc. ( "1St Source ")), and the City of South Bend
<br />Department of Redevelopment by and through the South Bend Redevelopment Commission (the
<br />"Commission" or "Agency "), with its principal office at 1400 County -City Building, South
<br />Bend, Indiana 46601.
<br />WHEREAS, Rahn (predecessor to Jenna) and FBT Bancorp, Inc. (predecessor to Center),
<br />previously entered into that certain Operation, Maintenance and Easement Agreement dated as of
<br />October 22, 1979 (the "1979 Operations Agreement "), which was amended by a First
<br />Amendment thereto dated as of January 12, 1982, a Second Amendment thereto dated as of May
<br />1, 1987, and a Third Amendment dated as of December 28, 2010 (collectively, the "Operations
<br />Agreement "), pertaining to the operation, maintenance and repair of the Common Facilities (as
<br />defined in the Operations Agreement); and
<br />WHEREAS, Host, 1st Source, the City of South Bend, Indiana (the "City ") and the
<br />Commission entered into that Garage Purchase Agreement fully executed on December 28, 2010,
<br />under which the Commission (or its designee or assignee) agreed to purchase Host's and 1St
<br />Source's interests in the Garage Facility (as defined in the Operations Agreement) (the "Garage
<br />Purchase "); and
<br />WHEREAS, Host conveyed its interests in the Garage Facility and the on -site.
<br />improvements related to the Garage Facility to the City, as evidenced by that certain Quit Claim
<br />Deed dated December 28,2010, and recorded December 30, 2010, as Document No. 1036706 in
<br />the office of the Recorder of St. Joseph County, Indiana; and
<br />WHEREAS, 1" Source conveyed its interests in the Garage Facility and the on -site
<br />improvements related to the Garage Facility to the City, as evidenced by that certain Quit Claim
<br />Deed dated December 28, 2010, and recorded December 30, 2010, as Document No. 1036705 in
<br />the office of the Recorder of St. Joseph County, Indiana; and
<br />WHEREAS, Is' Source conveyed its interests in the Atrium (as defined in the Operations
<br />Agreement) and the on -site improvements related to the Atrium to Center, as evidenced by that
<br />certain Quit Claim Deed dated December 28, 2010, and recorded December 30, 2010, as
<br />Document No. 1036710 in the office of the Recorder of St. Joseph County, Indiana; and
<br />{01651958.DOC;6 }
<br />
|