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6A(12)
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08-15-13
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6A(12)
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1/13/2014 12:08:59 PM
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C. Value of Property. Developer understands and acknowledges that in offering the <br />Property for sale, the Commission obtained two (2) independent appraisals as required by I.C. 36 -7- <br />14 and determined that the fair market value for the Property is One Hundred Eighty Two Thousand <br />Eight Hundred Dollars ($182,800) (the "Market Value "). <br />Notwithstanding the foregoing, the Parties understand and agree that in the event that the <br />Developer (i) fails to complete construction of the Project on or before twenty four (24) months <br />from the date of execution of this Contract, or (ii) the Developer defaults in its obligations under this <br />Contract and fails to cure such default as provided in this Contract before the issuance of a <br />Certificate of Completion as described in SECTION V, below, then the Developer shall pay as <br />liquidated damages to the Commission the Market Value described above without any reduction, <br />offset, or recoupment. The payment of liquidated damages under this Subsection C shall be in <br />addition to any other remedies and shall not waive any other right or remedy under this Contract or <br />other laws. <br />SECTION IV. TIME FOR CERTAIN OTHER ACTIONS. <br />A. Time for Submitting Plans for Design Development Review. The Developer shall <br />submit for approval by the Department of Redevelopment the Development Specifications of the <br />Project in accordance with the Project Concept depicted in Exhibit B which must be approved by the <br />Commission prior to the commencement of construction. The approved Development Plans shall be <br />recorded as an addendum to this Contract and serve the Commission in its determination that the <br />Developer has completed the Project and is entitled to the Certificate of Completion as provided in <br />Section V. <br />B. Time for Submitting Financial Commitment. Prior to closing on the sale of the <br />Property, the Developer shall submit to the Commission evidence satisfactory to the Commission of <br />binding commitments for financing the Project. <br />C. The Developer agrees that it will not seek any further financing assistance from the <br />Commission or from the City of South Bend, Indiana, including tax abatements. <br />SECTION V. COMPLETION. <br />A. Certificate of Completion. Promptly after the Developer completes the Project under <br />this Contract and in substantial accordance with the Development Plan approved by the <br />Commission, the Commission shall furnish the Developer with a Certificate of Completion for the <br />Project. The Certificate shall be a conclusive determination of satisfaction and termination of all <br />covenants, requirements, obligations and the like in the Contract and Deed for the Project, except the <br />covenants of Section VI of the Contract and Section III of the Deed. After the final issuance of the <br />Certificate of Completion for the Project by the Commission, neither the Commission nor any other <br />party shall thereafter have or be entitled to exercise any rights, remedies or controls otherwise <br />available with respect to the Property as a result of a default in or breach of any provisions of the <br />Contract or the Deed by the Developer or any successor in interest or assign, unless: <br />
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