No. 1101 approving an agreement among the SBRA, SBRC and the St. Joseph County Airport Authority for the operation and management of Blackthorn Golf Course and authorizing the execution thereof

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9. REMEDIES UPON DEFAULT In the event Redevelopment or Airport breaches or defaults under any of the terms of this Agreement, the rights of the party not in default shall be limited to the right to recover costs and expenses incurred in the performance of the Agreement to the time of breach, and shall not include the right to compel specific performance of this Agreement. 10. MANAGEMENT OF BLACKTHORN (a) Redevelopment and Airport hereby establish the Joint Committee to oversee the management and operation of Blackthorn, as provided herein. (b) Redevelopment and Airport acknowledge their intent that Blackthorn be managed and operated in a highly profession, efficient and businesslike manner, by professionals experienced and qualified in the operation of a first class, full service golf facility. it is the intent of Redevelopment and Airport to retain the services of Contractor, through the Management Agreement, to provide for the professional operation and management of Blackthorn. (c) Joint Committee. The membership of the Joint Committee shall be composed of a total of two (2) members selected annually by Redevelopment from their membership; a total of two (2) members selected annually by Airport from its membership; the Executive Director of the Department of Economic Development for the City of South Bend; and the Executive Director of the Michiana Regional Airport. The staff of the City of South Bend, Department of Redevelopment shall serve as staff to the Joint Committee. The responsibilities and authority of the Joint Committee shall commence immediately. (d) Governance of Joint Committee (1) The Joint Committee will be subject to and governed in accordance with provisions of this Agreement. (2) The Joint Committee shall meet from time to time, as necessary to carry out its responsibilities and purposes hereunder, and shall publish notice of its meetings and conduct its meetings in accordance with the provisions of I.C. 5- 14 -1.5. (3) A simple majority of the Joint Committee membership shall constitute a quorum at any meeting of the Joint Committee. The act of the majority of the members present and voting at a meeting at which a quorum is present shall be the act of the Joint Committee. (d) Responsibilities of Joint Committee (1) Conduct its business and affairs for the benefit of Redevelopment and Airport. -10-