Laserfiche WebLink
Contract and Section III of the Deed, with respect to the respective portion of the Project. After the <br />issuance of the Project Certificate of Completion by the Commission, neither the Commission nor <br />any other party shall thereafter have or be entitled to exercise any rights, remedies, or controls <br />otherwise available with respect to the Property as a result of a default in or breach of any provisions <br />of the Contract or the Deed by the Developer or any successor in interest or assign, unless: <br />a. the Developer, any lessee, or any other successor in interest or assign defaults <br />or breaches the covenants of Section VII of the Contract or Section III of the <br />Deed, and <br />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 Contract and giving the measures necessary, in the Commission's opinion, <br />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 Contract, shall be binding for the benefit of and shall be enforceable by: <br />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 />is <br />