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5B1 Development Agreement (Nexus Center) - Signed
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5B1 Development Agreement (Nexus Center) - Signed
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1/23/2025 12:13:45 PM
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Dept of Community Investment
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5 <br />amount of bid awards for each contract related to the Project, and information regarding <br />which contractor is awarded each contract with respect to the Project. <br />(b)On or before June 30 and December 31 of each year until substantial <br />completion of the Project, the Developers shall submit to the Commission a report, in the <br />format set forth as Exhibit F, demonstrating the Developers’ good-faith compliance with <br />the terms of this Agreement. The report shall include the following information and <br />documents: (i) a status report of the construction completed to date, (ii) an update on the <br />project schedule, (iii) an itemized accounting generally identifying the Private Investment <br />to date, (iv) a status report of the number of jobs created for employment at the Developer <br />Property; and (v) a summary of the charitable health care services provided. <br />4.7 Submission of Plans and Specifications for Project. Promptly upon completion of <br />all plans and specifications for the Project, or changes thereto, and prior to the Commission’s <br />expenditure of the Funding Amount, the Developers shall deliver a complete set thereof to the <br />City’s Executive Director Department of Community Investment, or his or her designee, who may <br />approve or disapprove said plans and specifications for the Project in his or her sole discretion and <br />may request revisions or amendments to be made to the same. <br />4.8 Costs and Expenses of Construction of Project. The Developers hereby agree to <br />pay, or cause to be paid, all costs and expenses of planning, construction, management, and all <br />other activities or purposes associated with the Project (including legal, architectural, and <br />engineering fees), exclusive of the Local Public Improvements, which shall be paid for by the <br />Commission by and through the Funding Amount subject to the terms of this Agreement. <br />4.9 Specifications for Local Public Improvements. The Developers will be responsible <br />for the preparation of all bid specifications related to the Local Public Improvements, and the <br />Developers will pay all costs and expenses of such preparation, provided, however, that if the <br />Commission pays any costs or expenses of such preparation, then the amount paid by the <br />Commission will be deducted from the Funding Amount. The Developers will submit all bid <br />specifications related to the Local Public Improvements to the City of South Bend Engineering <br />Department (the “Engineering Department”). The Engineering Department may approve or <br />disapprove said bid specifications for the Project in its sole discretion and may request revisions <br />or amendments to be made to the same. The Commission shall not be required to expend the <br />Funding Amount unless the Engineering Department has approved all bid specifications. <br />4.10 Non-Interference. Developers hereby agree to use commercially reasonable efforts <br />to minimize disruption for those living and working near the Developer Property during <br />construction of the Project. <br />4.11 Insurance. The Developers shall purchase and maintain comprehensive insurance <br />coverage as is appropriate for the work being performed with respect to the Project. The <br />Developers shall provide proof of such adequate insurance to the Commission and shall notify the <br />Commission and the City of any change in or termination of such insurance. During the period of <br />construction or provision of services regarding any Local Public Improvements, the Developers <br />shall maintain insurance in the kinds and for at least the minimum amounts as described in Exhibit
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