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5072-24 Resolution Correcting Scriverner's Error in Resolution No. 5015-23 Designating 722 Harrison Avenue and 726 Harrison Avenue
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5072-24 Resolution Correcting Scriverner's Error in Resolution No. 5015-23 Designating 722 Harrison Avenue and 726 Harrison Avenue
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10/15/2024 11:50:13 AM
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4/16/2024 9:06:21 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
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12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, <br /> interpretation, performance, and enforcement shall be governed by the laws and decisions of the <br /> courts of the State of Indiana. <br /> 13. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the <br /> jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior <br /> Court in connection with any action or proceeding arising out of or relating to this Agreement or <br /> any documents or instrument delivered with respect to any of the obligations hereunder, and any <br /> action related to this Agreement shall be brought in such County and in such Court. <br /> 14. Notices. All notices, requests, demands, and other communications required or permitted <br /> under this Agreement shall be in writing and shall be deemed to have been received when delivered <br /> by hand or by facsimile(with confirmation by registered or certified mail) or on the third business <br /> day following the mailing,by registered or certified mail,postage prepaid,return receipt requested, <br /> thereof, addressed as set forth below: <br /> If to Applicant: Cross Community, Inc. <br /> 707 Sherman Avenue <br /> South Bend, Indiana 46616 <br /> Attn: Tina Patton <br /> If to the City: City of South Bend, Indiana <br /> 227 W. Jefferson Boulevard, Suite 1400E <br /> South Bend, Indiana 46601 <br /> Attn: Executive Director of Community <br /> Investment <br /> 15. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to <br /> the benefit of the City and the Applicant and their successors and assigns, except(a) that no party <br /> may assign or transfer its rights or obligations under this Agreement without the prior written <br /> consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) <br /> Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without <br /> prior written consent. "Permitted Assign" means the affiliated single purpose entity created for <br /> purposes of designing, constructing, owning, operating, and maintaining the single-family <br /> residences which are the subject of this Agreement. <br /> 16. Valid and Binding Agreement. This Agreement may be executed in any number of <br /> counterparts,each of which shall be deemed to be an original as against any party whose signature <br /> 4 <br />
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