No. 2241 approving a development agreement with gameday centers Southeastern, LLC and related matters

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specifications submitted to the Commission in relation to the development of the Project and a copy of all of which are attached to this Contract as Exhibit C (the "Site Plans "). B. Time for Construction. Construction of the Project on the Property shall begin by April 30, 2007. The Project shall qualify for the award of a certificate of occupancy from the Building Commissioner of the City of South Bend, Indiana, by May 31, 2008. SECTION V. TIME FOR CERTAIN OTHER ACTIONS. A. Time for Submitting Plans for Design Development Review. The Developer shall submit for approval by the Department of Redevelopment the Site Plan, in final form, detailing building materials, construction, and landscaping which must be approved prior to the commencement of construction. The approved final Site Plan (the "Final Site Plan ") shall be recorded as an addendum to this Contract for Sale of Land in the form set forth at Exhibit D and serve the Commission in its determination that Developer has completed the Parking Facility (as defined in the Development Agreement) and Project and is entitled to the Parking Facility Certificate of Completion or the Project Completion Certificate, respectively, as provided in Section VI. The Director of Economic Development with the Department of Redevelopment may approve the Final Site Plan provided that such Final Site Plan is substantially similar to the Site Plans approved by the Commission. B. Time for Submitting Financial Commitment. Prior to closing on the sale of the Property, the Developer shall submit to the Commission evidence satisfactory to the Commission of binding commitments for financing the Project. SECTION VI. COMPLETION. A. Certificate of Completion. Upon the Developer's completion of the Parking Facility under this Contract and the Development Agreement and in substantial accordance with the Final Site Plan, the Developer shall provide the Commission a Certificate of Construction Costs from the Project Architect setting forth the Construction Costs (as defined in the Development Agreement) for the Parking Facility and the documentation in support thereof. Upon receipt of the Certificate of Construction Costs and a letter from the Developer attesting to the completion of the Project, the Commission shall furnish the Developer with a Parking Facility Certificate of Completion (the "Parking Facility Certificate of Completion ") upon determining that the Parking Facility has been completed substantially in accordance with the Final Site Plan. Promptly after the Developer completes the remainder of the Project and in substantial accordance with the Final Site Plan, the Commission shall furnish the Developer with a Project Certificate of Completion (the "Project Certificate of Completion "). These Certificates shall be issued in the form set forth at Exhibit E and shall be a conclusive determination of satisfaction and termination of all covenants, requirements, obligations and the like in the Contract and Deed, except the covenants of Section VII of the 40