6B (4) - Laserfiche WebLink

Home Browse Search

rules and regulations, (v) all matters that would be discovered or disclosed by an accurate inspection and ALTA /ACSM minimum standard detail survey of the Commission Property (vi) any encumbrances, restrictions or liabilities arising under environmental laws, and (vii) other matters created, caused suffered or permitted by any act or omission of SMA. 9.02. Covenant Contained in Deed. The limited warranty deed delivered by the Commission to SMA upon the exercise of the option to purchase by SMA shall contain the following provisions: (a) The grantee, and those whose title is derived from the grantee, covenant that they shall not discriminate on the basis of race, color, creed, sex or national origin in the sale, lease, rental, use or occupancy of this real estate. This covenant runs in favor of the grantor, the City of South Bend and the United States of America regardless of whether all or any of them has at any time been, or is the owner of this real estate, and may be enforced by any such entity in its own right. (b) If the above covenant is breached, the Commission, the City of South Bend and the United States of America shall have all of the rights remedies of which they or any other beneficiary of the covenant may be entitled. 9.03. Specific Performance. SMA shall be entitled to specific performance to enforce the provisions of this Section 9, it being agreed that money damages is not an adequate remedy for any breach thereof. 10. Covenants Run With the Land. It is intended that the covenants, easements, agreements, promises and duties of each party, as set forth in this Agreement, shall be construed as covenants and not as conditions and that, to the fullest extent legally possible, all such covenants shall run with and be enforceable against both the covenantor and the land or constitute equitable servitudes as between the parcel of the respective covenantor, as the servient tenement, and the parcel of the respective covenantee, as the dominant tenement. IL Entire Agreement. SMA and the Commission agree that there are no covenants, representations, warranties, agreements, or conditions, either expressed or implied, which in any way affect, form a part of, or otherwise relate to this Agreement, except for those expressly set forth herein. SMA and the Commission represent and agree that this instrument constitutes the entire agreement between them regarding the subject matter hereof. Any or all provisions of this Agreement may be amended, terminated, rescinded, released or otherwise modified, in whole or in part, at any time and from time to time, only by a written document executed and acknowledged by all owners and the then holders of any first mortgages encumbering the Commission Property or the SMA Property. Any party acquiring the Commission Property or the SMA Property at any time hereafter shall have no obligations with respect to this Agreement beyond those contained herein. 12. Notices. Any notice required or desired to be given hereunder shall be deemed given when: