Real Estate Donation Agreement - Donating Property for the Southeast Neighborhood – United Way of St. Joseph County, Inc.

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2 (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 into a community center. Donee shall consult with the City Planner or his designee with regard to the design and siting of the community center 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 and the removal of snow and ice. Section 9. Non-Discrimination. The Donee, and its successors and assigns, shall not discriminate against any person on the basis of race, creed, color, sex, age, or national origin in the sale, lease, rental, use, occupancy, or enjoyment of the Property or any improvements constructed on the Property. 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, 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 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. (c) This Agreement shall not be effective or binding until fully executed by the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original.