6B(8) Contract for Sale of Land with Oliver Park Partners

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Property. The Commission agrees to compensate, or reimburse, the Company for any additional expense caused by extraordinary site conditions, more specifically the removal of solid debris from demolition of the former facilities on the Property, as set forth below: (a) The Company shall perform all improvements per the designed Engineering documents (Danch, Harper & Associates, February 2, 2011) approved by the St. Joseph County Building Department and City of South Bend Engineering Department. (b) The Company anticipates encountering construction debris from the former facilities that were located on the Property and demolished. (c) In order to deliver a buildable site, the Commission agrees to reimburse the Company for any excavation and removal of construction debris required for the installation of improvements per the approved plans and specs as described in paragraph 6.B.(a), and as approved by the City of South Bend Engineering Department. (d) In order to expedite the construction process, the Company shall enter into a separately agreed upon process, with the City of South Bend Department of Public Works, in order to accurately record the additional work required in order to establish the reimbursement amount for the work to be performed by the Company. 7. (a) In order to encourage development in the Oliver Industrial Park, the Commission shall contribute up to Two Hundred Thousand and 00 /100 ($200,000.00) Dollars for site improvements consistent with the use of tax incremental finance ( "TIF ") funds. The Parties shall determine the specific use of the TIF funds so long as they are eligible uses under Indiana law. A list of the site improvements made shall be submitted to the Commission as part of its files for this Project. (b) The Commission shall support a seven (7) year real estate tax abatement totaling One Hundred Seventy -one Thousand Two Hundred Fifty -two and 00 /100 ($171,252.00) Dollars. 8. This Agreement may not be assigned by the Commission to any other party without the written consent of the Company, which consent may be withheld for any reason, except in the case of an assignment any to entity of the City of South Bend or the Commission or to any entity in which the City of South Bend or the Commission has a controlling interest or is the general partner, such consent shall not be unreasonably withheld. This Agreement may not be assigned by the Company without the written consent of the Commission, which consent may be withheld for any reason. 4