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6C(2)
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11-08-12 Packet
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6C(2)
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Entry Properties
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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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3. every successor in interest to the Property; and <br />4. any party in possession or occupancy of the Property. <br />The parties further agree that the covenants in Subsection VI(A)(1) shall remain in effect <br />from the date of the Deed until December 31, 2022. The covenants in subsection VI(A)(2) shall <br />remain in effect without limitation as to time but shall bind the Developer, each successor in interest <br />to the Property, and each party in possession only for the time that the party or successor shall have <br />title to, an interest in, or possession of the Property. <br />The terms and uses specified in the Plan and land use shall include the land and all buildings, <br />housing and other requirements or restrictions of the Plan pertaining to such land uses and <br />improvements to the Property. <br />C. Beneficiaries of Covenants. The parties also agree that the Commission, its <br />successors and assigns and the City of South Bend, Indiana shall be deemed beneficiaries of the <br />covenants in this Section. <br />The Deed shall state that the covenants shall run in favor of the Commission for the entire <br />period the covenants shall be in force and effect, regardless of whether the Commission has at any <br />time been, or is the owner of any land or interest in any land in favor of which such covenants relate. <br />If the above covenants are breached, the Commission shall have all of the rights and <br />remedies to which they or any other beneficiary of the covenant may be entitled. <br />SECTION VII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER. <br />A. Representations as to Development. The Developer represents and agrees that its <br />purchase of the Property and its other undertakings under this Contract are and will be used for <br />development of the Property and not for speculation in land holding. The Developer further <br />recognizes that: <br />1. in view of the importance of the development of the Property to the general <br />welfare of the City, <br />2. the substantial financial and other public assistance that has been made <br />available by law and by the federal and local governments for the purpose of <br />making such development possible, and <br />3. the fact that a transfer in ownership of the Developer is, for practical <br />purposes, a transfer or disposition of the Property then owned by the <br />Developer; <br />E <br />
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