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No. 2169 approving execution of agreement for purchase/sale of real extate related to real property and improvements located at 1303, 1315, 1321-1323 S. Michigan St. in the Sample-Ewing development area and accepting title to said properties
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No. 2169 approving execution of agreement for purchase/sale of real extate related to real property and improvements located at 1303, 1315, 1321-1323 S. Michigan St. in the Sample-Ewing development area and accepting title to said properties
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10/18/2012 1:40:11 PM
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Section 17. Headings and Captions. The several headings and captions of the sections <br />and subsections used herein are for convenience or reference only and shall not be deemed to limit, <br />define, or restrict the substantive provisions of this Agreement. <br />Section 18. Entire Agreement. This Agreement'constitutes the entire agreement ofBuyer <br />and Seller with respect to the purchase and sale of the Property, superseding any prior to <br />contemporaneous agreement with respect thereto. No amendment or modification of this Agreement <br />shall be binding upon the parties unless made in writing and signed by both Seller and Buyer. <br />Section 19. Cooperation. Buyer and Seller shall use their best efforts and shall cooperate <br />fully with each other to carry out and effectuate the purchase and sale of the Property in accordance <br />herewith and the satisfaction and compliance with all of the conditions and requirements set forth <br />herein. Wherever the approvals of Buyer or Seller as herein set forth are so required, such approvals <br />shall not unreasonably be withheld. <br />Section 20. GoverninjZLaw. This Agreement and the rights of the parties hereunder shall <br />be governed by and construed in accordance with the laws of the State of Indiana. <br />Section 21. Relocation. Seller hereby expressly, voluntarily and knowingly waives and <br />disclaims any and all right and/or entitlement either he or any business occupying the Property may <br />have as a result of Buyer's purchase of the Property with respect to any and all relocation benefits. <br />Seller hereby releases the City of South Bend, Indiana, the South Bend Redevelopment Commission <br />from all obligations and liability regarding relocation benefits by executing a Waiver of Relocation <br />Assistance, the form of which is attached hereto and incorporated herein as Exhibit "B". <br />Section 22. Release. Arthur T. Ford and Linette L. Ford, hereby completely releases, <br />remises, acquits and forever discharges the City of South Bend, Indiana, Department of <br />Redevelopment, the South Bend Redevelopment Commission and their respective officers, <br />employees, and agents from any and all claims, demands, expenses, benefits, accruals, additional <br />compensation and liabilities of every kind and character and description either direct or <br />consequential, known or unknown may now have, may have had at any time heretofore, or may have <br />in the future pertaining to, arising out of or resulting from the lawsuit filed in the St. Joseph Superior <br />Court captioned J.R.'s Kitty Kat Lounge, Inc., et al. v. The City of South Bend, an Indiana Municipal <br />Corporation, et al., Cause No. 7 1 D07-00 I O-CP-0 1348 in the St. Joseph Superior Court. Arthur Ford <br />agrees to cause dismissal of such lawsuits as to J.R.'s Kitty Kat Lounge, Inc. within ten (10) days of <br />the date of closing. It is further understood and agreed that the undersigned is executing this release <br />upon the advice and with the consent of counsel, that the terms of this provision have been <br />completely explained and are understood, and that the execution of this document is a free and <br />voluntary act. <br />6 <br />
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