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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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10/18/2012 1:30:59 PM
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b. the right, remedy or control relates to such default or breach. <br />B. Form of Certification. Each Certification provided for in this Section shall be in such <br />form as to be recordable in the St. Joseph County Recorder's Office. <br />C. Refusal or Failure to Provide Certification. If the Commission refuses or fails to <br />provide Certification within thirty (30) days after the Developer's written request, the Commission <br />shall provide the Developer with a written statement indicating how the Developer failed to comply <br />with the provisions of this Agreement and giving the measures necessary, in the Commission's <br />opinion, for the Developer to take in order to obtain such certification. <br />SECTION VII. RESTRICTIONS UPON USE OF PROPERTY. <br />A. Agreements of Developer. The Developer agrees and the Deed shall state that the <br />Developer and its successors and assigns shall: <br />Devote the Property only to uses under the Plan; and <br />2. Not discriminate on the basis of race, color, creed, sex or national origin in <br />the sale, lease, rental, use or occupancy of the Property. <br />B. Enforceability of Covenants. The parties agree and the Deed shall expressly state that <br />the covenants in this Section shall be covenants running with the land and, except only as otherwise <br />specifically provided in the Agreement, shall be binding for the benefit of and shall be enforceable <br />by: <br />1. the Commission; <br />2. its successors and assigns; <br />3. the City of South Bend; <br />4. any successors in interest to the Property. <br />The covenants shall be enforceable against: <br />the Developer; <br />2. its successors and assigns; <br />3. every successor in interest to the Property; and <br />4. any party in possession or occupancy of the Property. <br />
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