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6C(2)
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11-08-12 Packet
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6C(2)
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1/22/2013 7:15:41 PM
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11/5/2012 4:54:23 PM
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I . the Developer, any lessee, or any other successor in interest or assign defaults <br />or breaches the covenants of Section VI of the Contract or Section III of the <br />Deed, and <br />2. the right, remedy or control relates to such default or breach. <br />B. Form of Certification. The Certificate provided for in this Section shall be in such <br />form as to be recordable in the St. Joseph County Recorder's Office. <br />C. Refusal or Failure to Provide Certificate. If the Commission refuses or fails to <br />provide the Certificate within thirty (30) days after the Developer's written request, the Commission <br />shall provide the Developer with a written statement indicating how the Developer failed to comply <br />with the provisions of this Contract and giving the measures necessary, in the Commission's <br />opinion, for the Developer to take in order to obtain such Certificate. <br />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. <br />the Commission; <br />2. <br />its successors and assigns; <br />3. <br />the City of South Bend, Indiana; <br />4. <br />any successors in interest to the Property. <br />The covenants shall be enforceable against: <br />1. <br />the Developer; <br />2. <br />its successors and assigns; <br />4 <br />
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