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11-29-12 Packet
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1/13/2014 12:35:59 PM
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11/27/2012 8:39:13 AM
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B. Time for Commencement and Construction. This Project shall begin as soon as <br />possible following closing as defined in Section II and shall qualify for the award of a certificate of <br />occupancy of the completion of the Development Plan from the Building Commissioner of the City <br />of South Bend, Indiana, within twenty-four (24) months after execution of this Contract. <br />C. Value of Property. Developer understands and acknowledges that in offering the <br />Property for sale, the Commission obtained two (2) independent appraisals as required by I.C. 36 -7- <br />14 and determined that the fair market value for the Property is Eight -Two Thousand Five Hundred <br />Dollars ($82,500) (the "Market Value"). <br />Notwithstanding the foregoing, the Parties understand and agree that in the event that <br />Developer (i) fails to complete construction of Phase I of the Project on or before twenty -four (24) <br />months from the date of execution of this Agreement, or (ii) Developer defaults in its obligations <br />under this Contract and fails to cure such default as provided in this Contract before the issuance of a <br />Certificate of Completion as described in SECTION V, below, then Developer shall pay as <br />liquidated damages to the Commission the Market Value described above without any reduction, <br />offset, or recoupment. The payment of liquidated damages under this Subsection C shall be in <br />addition to any other remedies and shall not waive any other right or remedy under this Contract or <br />other laws. <br />SECTION IV. TIME FOR CERTAIN OTHER ACTIONS. <br />A. Time for Submitting Plans for Design Development Review. The Developer shall <br />submit for approval by the Department of Redevelopment a Final Site Plan and Development <br />Specifications of the Project in accordance with the Project Concept depicted in Exhibit B and <br />detailing building materials, construction, and landscaping which must be approved by the <br />Commission prior to the commencement of construction. The approved Development Plans shall be <br />recorded as an addendum to this Contract for Sale of Land and serve the Commission in its <br />determination that Developer has completed the Project and is entitled to the Certificate of <br />Completion as provided in Section V. <br />B. Time for Submitting Financial Commitment. Prior to closing on the sale of the <br />Property, the Developer shall submit to the Commission evidence satisfactory to the Commission of <br />binding commitments for financing the Project. <br />C. Developer agrees that it will not seek any further financing assistance from the <br />Commission or from the City of South Bend, Indiana, including tax abatements. <br />SECTION V. COMPLETION. <br />A. Certificate of Completion. Promptly after the Developer completes the Project under <br />this Contract and in substantial accordance with the Development Plan approved by the <br />Commission, the Commission shall furnish the Developer with a Certificate of Completion for the <br />Project. The Certificate shall be a conclusive determination of satisfaction and termination of all <br />K <br />
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