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04/06/2022 <br />Victor A. Butcher <br />23934 Edison Road <br />South Bend, IN 46628 <br />RE: Event of Default <br />Dear Mr. Butcher: <br />This letter serves as notice of an “Event of Default” under the agreement you entered into with the City <br />of South Bend (the “City”), dated July 14, 2020, to install windows at the Gemini-Colfax apartment <br />building (i.e., City project number 119-103E). <br />The scope of work for the project included replacement of 220 windows, covering all units of the <br />building. At the time of this letter, six (6) units remain unfinished, and the substantial completion <br />deadline of August 31, 2020, has passed. Per Section XV (‘Default and Termination’) of the Special <br />Provisions of the agreement, the unauthorized discontinuation of work constitutes an Event of Default. <br />You have 10 days from the date of this letter to cure the default. The default may be cured by providing <br />to the City a detailed plan outlining how the remaining windows will be installed within a timeframe <br />acceptable to the City. The plan may be submitted to the project manager, Zach Hurst, at <br />zhurst@southbendin.gov. If the plan is not received within the 10-day timeframe, the agreement will <br />terminate on day 11 without the requirement of further action or notice from the City. <br />Sincerely, <br />Clara McDaniels <br />Assistant City Attorney <br />cc: Zach Hurst