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

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• MAIL DEED TO: MAIL TAX BILL TO: AUDITOR'S RECORD City of South Bend Department Gameday Centers Southeastern, LLC Transfer No. _ of Redevelopment 2555 Cumberland Parkway, Suite 200 Taxing Unit _ 227 W. Jefferson, Suite 1200 Atlanta, Georgia 30339 Date South Bend, IN 46601 Lake Forest, IL 60045 Tax Key No. QUIT CLAIM DEED (Private Redevelopment) THIS INDENTURE WITNESSETH, that the City of South Bend, Department of Redevelopment, in St. Joseph County, Indiana ( "Grantor "), conveys and quit claims to Gameday Centers Southeastern, LLC ( "Grantee "), for and in consideration of One and 00 /100 Dollars ($1.00), the receipt of which is hereby acknowledged, the following described real estate in the City of South Bend, St. Joseph County, Indiana ( "Real Estate "): See attached Exhibit A SECTION I. This Deed is subject to the covenants, conditions, restrictions, and provisions of the Contract for Sale of Land for Private Redevelopment entered into between the Grantor and the Grantee dated April 21, 2006, a copy of which was recorded on , 2006, as Document No. , in the Office of the Recorder in St. Joseph County, Indiana ( "Agreement "). The Grantee may not convey this Real Estate, or any part thereof, without the consent of the Grantor until the Project Certificate of Completion, as described in the Agreement, releasing the Grantee from the obligations of the Agreement as to this Real Estate, or such part thereof then to be conveyed, has been placed on record. This provision, however, in no way prohibits conveyance of the Real Estate incidental to a judicial foreclosure sale nor prevents the Grantee from mortgaging this Real Estate in order to obtain funds for the purchase of Real Estate hereby conveyed and for erecting improvements thereon in conformity with the Economic Development Plan for the South Bend Central District Development Area ( "Plan") and applicable provisions of the Zoning Ordinance of the City of South Bend, Indiana. The terms and covenants of the Agreement pertaining to the redevelopment of the Real Estate and to the improvements shall be deemed covenants running with the land. . It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Real Estate through the construction of the improvements thereon, as provided in the Agreement, and as represented to the Grantor in public documents of the Grantor, including but not limited to the bid proposal submitted to the Grantor by Grantee ( "Project "). Such construction shall be begun no later than April • 30, 2007, and qualify for a certificate of occupancy from the Building Commissioner of the 1