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6B (1)
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06-28-11 Packet
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6B (1)
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6/28/2011 10:19:27 AM
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6/24/2011 11:28:34 AM
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SECTION VI. 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 Final Site Plan and Development <br />Specifications of the Project as approved by the Commission pursuant to <br />Section IV(A) .of this Contract; 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 />1. the Commission; <br />2. its successors and assigns; <br />3. the City of South Bend, Indiana; <br />4. any successors in interest to the Property. <br />The covenants shall be enforceable against: <br />the Developer; <br />2. its successors and assigns; <br />every successor in interest to the Property; and <br />4. any party in possession or occupancy of the Property. <br />The parties further agree that the covenants in Subsection VI(A)(1) shall remain in effect <br />from the date of the Deed until December 31, 2021. The covenants in subsection VI(A)(2) shall <br />remain in effect without limitation as to time but shall bind the Developer, each successor in interest <br />to the Property, and each party in possession only for the time that the party or successor shall have <br />title to, an interest in, or possession of the Property. <br />The terms and uses specified in the Plan and land use shall include the land and all buildings, <br />housing and other requirements or restrictions of the Plan pertaining to such land uses and <br />improvements to the Property. <br />5 <br />
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