Real Estate Donation Agreement - 210 Broadway St. for Residential Redevelopment – 466 Works Community Development

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(b) Donor's conveyance of the Property to Donee is subject to the condition that, within five (5) years after the Closing, the Property has been developed or transferred for the sole purpose of development as a single-family residential unit. Donee shall consult or shall cause its transferee to consult with the City Planner or his designee with regard to the design and siting of the housing unit on the Property. (c) Upon satisfactory compliance with the requirements described in Section 7(b), as determined in Donor's sole discretion, Donor will issue to Donee a statement certifying that Donor's obligations under Section 7(b) have been satisfied (the "Certificate of Completion"). The Certificate of Completion will be in a form that may be recorded in the Office of the Recorder of St. Joseph County, Indiana. (d) If Donee violates any condition or covenant stated in this Agreement, then, in addition to exercising any and all of its rights and remedies at law or in equity, Donor may, at its option, re-enter and take possession of the Property and terminate and revest in itself the estate conveyed by the Deed. Donee hereby agrees to relinquish the Property promptly and in accordance with Donor's written instructions. Section 8. Property Maintenance. At all times after Closing, Donee will exercise its best efforts to maintain the Property in good and orderly condition, including, without limitation, the regular cutting of grass. Section 9. Non -Discrimination. Donee shall not discriminate against any person who seeks to acquire the Property for development as a single-family residence or to acquire a completed single-family residence developed by Donee, nor will it use the Property to advance or facilitate its religious activities or the religious activities of any other organization. Section 10. Equal Opportunity; Inclusive Procurement and Contracting. Donee shall comply with applicable federal, state, and local laws in its hiring and employment practices and policies for any activity covered by this Agreement. Additionally, if Donee develops the Property, Donee shall make a good faith effort to comply with the City's Inclusive Procurement and Contracting Ordinance No. 10693-19, particularly (a) in determining whether all or portions of the project work (the "Work") may be performed by Minority- or Women -Owned Business Enterprises ("MWBEs"), (b) in contracting, to the maximum extent possible, with MWBEs for the Work, and (c) in reporting to the City promptly upon the request of the Executive Director of the Department of Community Investment, or his or her designee, until the conclusion of the Agreement (i) regarding the Organization's good faith efforts in seeking out MWBEs for participation hereunder, (ii) identifying portions of the Work performed by MWBEs, and (iii) detailing payment dates and amounts made to MWBEs for the Work. Section 11. Additional Terms. (a) All the terms and conditions of this Agreement are hereby made binding on the successors and permitted assigns of both parties hereto. (b) This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana and any legal proceeding related to a dispute arising under this Agreement shall be commenced in the courts of St. Joseph County, Indiana. 0J