No. 1588 approving declaration of protective and restrictive covenants of the second Blackthorn Industrial Parcel

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RESOLUTION NO. 1558 Exhibit B COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL THIS DECLARATION is jointly made this day of , 1998, by the South Bend Redevelopment Authority (referred to as "Authority "), and by the South Bend Redevelopment Commission (referred to as "Commission "), to be jointly and severally referred to as "Declarant ", as Owner and Lessee of that certain real Property hereinafter described and located in the City of South Bend, St. Joseph County, Indiana. The Authority and the Commission hereby declare that all of the real property legally described in and referred to in "Attachment 1" attached to this Declaration, to be known as Second Blackthorn Industrial Parcel is and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon otherwise used or improved in whole or in part, subject to the Covenants and Restrictions (sometimes referred to as "Covenants ") hereinafter set forth and all of said Covenants herein contained are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and lease or sale of Second Blackthorn Industrial Parcel and are established for the purpose of enhancing the value, desirability and attractiveness of Second Blackthorn Industrial Parcel and every part thereof. Article 1. Definitions 1.1 Second Blackthorn Industrial Parcel shall mean, a tract of land in part of the St. Joseph County, Indiana, (see "Attachment 1 ") 1.2 Declarant. "Declarant" shall mean the South Bend Redevelopment Authority and /or the South Bend Redevelopment Commission, their successors and assigns, and Declarant's assigns shall be deemed to include any party whom Declarant designates, by means of a notice of Record in the Official Records, as the party who, from and after the date such notice is Recorded, will perform Declarant's functions under this Declaration. 1.3 Occupant. "Occupant" shall mean, at any time, any Person, other than an Owner, and the successors and assigns of any thereof that is in possession of or otherwise occupying one or more Sites, at any particular time, whether as a lessee, sublessee, licensee or pursuant to any lease, sublease, license or right of occupancy with or through the Owner of such Site or Sites. 1.4 Owner. "Owner" shall mean, at any time, any Person, including the Declarant, and the successors and assigns of any thereof, that -1-