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5A2 Purchase Agreement 534 Laporte Ave. (Widerquist Development, LLC) - Signed
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5A2 Purchase Agreement 534 Laporte Ave. (Widerquist Development, LLC) - Signed
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11.BUYER’S POST-CLOSING DEVELOPMENT OBLIGATIONS <br />A.Property Improvements; Proof of Investment. Within Twenty-Four (24) months after <br />the Closing Date (the “Mandatory Completion Date”), the Buyer will expend an amount not less <br />than Twenty Thousand ($20,000.00) on improvements to the site, as well as the cost of equipment <br />and design, needed to redevelop the Property for the uses set forth herein, including renovating <br />the property as a professional office for the Buyer’s property management and realty business (the <br />“Property Improvements”). Promptly upon completing the Property Improvements, Buyer will <br />submit to Seller satisfactory records, as determined in Seller’s sole discretion, proving the above- <br />required expenditures and will permit Seller (or its designee) to inspect the Property to ensure that <br />Buyer’s Property Improvements were completed satisfactorily. The Property Improvements will <br />be considered complete upon the issuance of a Certificate of Occupancy. <br />B.Post-Closing Buyer Property Improvement Commitments. The Buyer shall: <br />(i)Commence construction of the project within twelve (12) months of the <br />Closing Date; <br />(ii)Complete construction of the project and Property Improvements <br />within twenty-four (24) months of the Closing Date; <br />(iii)In its development of the Property, Buyer shall comply with all applicable <br />federal, state, and local laws, including, but not limited to, the applicable requirements of <br />the City of South Bend Zoning Ordinance, including variances as necessary. <br />(iv)Provide the design, plans, and specifications for Property Improvements <br />consistent with City standards for the review and comment by the City's Planning Director <br />or their designee, who, in their sole discretion, may request revisions or amendments to be <br />made to the same. Acceptance of the design and plans by the Planning Director or their <br />designee prior to construction shall be a prerequisite for the issuance of a Certificate of <br />Completion. <br />C.Certificate of Completion. Promptly after Buyer completes the Property <br />Improvements and satisfactorily proves the same in accordance with the terms of Section 11.A. <br />above, as well as compliance with Section 11.B. above, Seller will issue to Buyer a certificate <br />acknowledging such completion and releasing Seller’s reversionary interest in the Property (the <br />“Certificate of Completion”). The Parties agree to record the Certificate of Completion immediately <br />upon issuance, and Buyer will pay the costs of recordation. <br />D.Remedies Upon Failure to Complete Property Improvements. In the event Buyer <br />fails to complete the Property Improvements or to comply with Section 11.B., above, or <br />satisfactorily to prove such performance, in accordance with Section 11.A above, then, in addition <br />to pursuing any other remedies available at law or in equity, Seller shall have the right to: <br />re-enter and take possession of the Property and to terminate and revest in Seller the estate <br />conveyed to Buyer at Closing and all of Buyer’s rights and interests in the Property without
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