HomeMy WebLinkAbout4A1 Memorandum of Assignment of Lease (LaSalle){20220644.DOCX}
Cross-reference: Instrument Nos. 1510364
________________
MEMORANDUM OF ASSIGNMENT OF LEASEHOLD INTEREST
THIS MEMORANDUM OF ASSIGNMENT OF LEASEHOLD INTEREST (this
“Memorandum”) is dated as of the ____ day of _________________, 2022, by and among THE LASALLE
APARTMENTS, LLC, an Indiana limited liability company (“Assignor”), LASALLE PARTNERS RA, an
Indiana limited liability company (“Assignee”), and SOUTH BEND REDEVELOPMENT
COMMISSION, governing body of the Department of Redevelopment of the City of South Bend, Indiana
(“Commission”)
W I T N E S S E T H:
WHEREAS, Commission and Assignor entered into that certain Parking Lease, dated effective as
of April 21, 2015 (the “Lease”), pursuant which Commission leased to Assignor, and Assignor leased from
Commission, certain parking rights on real property owned by Commission in the City of South Bend,
Indiana as more particularly described in the Lease (the “Parking Area”) for use by Assignor in connection
with Assignor’s ownership and operation of that certain adjacent or nearby mixed-use residential and
commercial development commonly known as “The LaSalle Apartments” (the “Project”), a memorandum
of such Lease being recorded on May 1, 2015 as Instrument Number 1510364 in the Office of the Recorder
of St. Joseph County, Indiana;
WHEREAS, Assignor has sold the Project to Assignee and Assignor, Assignee and Commission
have executed a certain Assignment and Assumption of Agreements dated as of ____________, 2022 (the
“Assignment Agreement”) whereby Assignor assigned to Assignee and Assignee assumed from Assignor,
all of Assignor’s right, title and interest in and to the Lease with the Commission’s acknowledgement and
consent; and
NOW THEREFORE, the parties hereto desire to enter into and record this Memorandum with
respect to the Assignment Agreement:
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Section 1. Assignment of Lease. Pursuant to the Assignment Agreement and effective as of
_____________, 2022, Assignor assigned all of its right, title, and interest in and to the Lease to Assignee,
and Assignee assumed all of Assignor’s right, title, and interest in and to the Lease, and all of the covenants,
conditions, and agreements of Assignor under the Lease.
Section 2. Miscellaneous.
(a) This Memorandum may be executed in multiple counterparts, each of which taken together
shall constitute one and the same instrument.
(c) In the event of any conflict between the terms and provisions hereof and the terms and
provisions of the Lease or the Assignment Agreement, the terms and provisions of the Lease and
the Assignment Agreement shall be controlling.
(d) Assignor and Assignee have entered into this Memorandum in order that third parties may
have notice of the Assignment Agreement and the Lease. This Memorandum is not a complete
summary of the Assignment Agreement or the Lease.
[Signature Pages Follow.]
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IN WITNESS WHEREOF, the parties have executed this Memorandum as of the respective dates
in acknowledged below to be effective as of the day and year first above written.
ASSIGNEE:
LASALLE PARTNERS RA, LLC, an Indiana limited
liability company
By: TMO IN Special Member LLC, its Managing
Member
By: TMO IN JV-Michaels LLC, its Managing Member
By: __________________________________
Kunal Chothani, Vice President
STATE OF )
) SS:
COUNTY OF )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Kunal Cholthani, as Vice President of TMO IN JV Michaels LLC, as Managing Member of TMO IN
Special Member LLC, as Managing Member of LaSalle Partners RA, LLC, an Indiana limited liability
company, who executed the foregoing Memorandum of Assignment of Leasehold Interest for and on behalf
of said entity.
WITNESS, my hand and Notarial Seal this ____ day of _____________________, 2022.
My Commission Expires:
____________________ ___________________________
Notary Public
My County of Residence:
____________________ ____________________________
Printed
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ASSIGNOR:
THE LASALLE APARTMENTS, LLC,
an Indiana limited liability company
By: Executive Investments, LLC, an Indiana limited
liability company, its managing member
By: ___________________________
Ronda Shrewsbury, President
STATE OF )
) SS:
COUNTY OF )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Ronda Shrewsbury, as President of Executive Investments, LLC, an Indiana limited liability company, as
the managing member of The LaSalle Apartments, LLC, an Indiana limited liability company, who
executed the foregoing Memorandum of Assignment of Leasehold Interest for and on behalf of said limited
liability company.
WITNESS, my hand and Notarial Seal this ____ day of ________________, 2022.
My Commission Expires:
____________________ ___________________________
Notary Public
My County of Residence:
____________________ ____________________________
Printed
This instrument was prepared by: Kenneth B. Chigges, Esq., Kuhl & Grant LLP, 429 N. Pennsylvania Street, Suite
210, Indianapolis, IN 46204.
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this
document, unless required by law. - - Kenneth B. Chigges, Esq.
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AGREED, ACKNOWLEDGED AND CONSENTED TO BY:
COMMISSION:
SOUTH BEND REDEVELOPMENT COMMISSION, governing body of the Department of
Redevelopment of the City of South Bend, Indiana
By: __________________________________
Marcia I. Jones, President
Attest:
Troy Warner, Secretary
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Marcia I. Jones, as the President, and Troy Warner, as the Secretary, of SOUTH BEND
REDEVELOPMENT COMMISSION, governing body of the Department of Redevelopment of the City of
South Bend, Indiana, who executed the foregoing Memorandum of Assignment of Leasehold Interest for
and on behalf of said commission.
WITNESS, my hand and Notarial Seal this 26th day of May 2022.
My Commission Expires:
____________________ ___________________________
Notary Public
My County of Residence:
____________________ ____________________________
Printed
This instrument was prepared by: Kenneth B. Chigges, Esq., Kuhl & Grant LLP, 429 N. Pennsylvania Street, Suite
210, Indianapolis, IN 46204.
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this
document, unless required by law. - - Kenneth B. Chigges, Esq.