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incorporated into this Contract by reference as well as the Development Plan approved by the <br /> Commission pursuant to Section IV(A). <br /> B. Time for Commencement and Construction. The Project shall begin as soon as <br /> possible following Closing as defined in Section II and shall qualify for the award of a certificate of <br /> completion of the Development Plan from the Redevelopment Commission of the City of South <br /> Bend, Indiana, within twenty four(24)months after execution of this Contract. <br /> 1 <br /> 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 Ninety Seven Thousand Five <br /> Hundred Dollars ($97,500.00) (the"Market Value"). <br /> g <br /> Notwithstanding the foregoing, the Parties understand and agree that in the event that the <br /> Developer(i)fails to complete construction of the Proj ect on or before twenty four(24)months from <br /> 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 g <br /> addition to any other remedies and shall not waive any other right or remedy under this Contract or <br /> other laws. <br /> D. Access to Property. The Commission hereby grants to Developer a revocable,non <br /> possessory license to use,solely for pedestrian and vehicular ingress and egress to the Property,the <br /> area that is thirty (30) feet long by thirty (30) feet wide in the southwest corner of Lot 2 of the <br /> Ardmore Trail Minor Subdivision,recorded on October 28,2014,as document number 1426953 in <br /> the office of the St.Joseph County Recorder(the"License Area"). The License Area is depicted in <br /> Exhibit C hereto. Developer shall not erect permanent structures or improvements, including but <br /> not limited to buildings or fences, on, over, or beneath the License Area. At all times, Developer <br /> shall maintain the License Area in the same condition that exists at the time of Closing. The <br /> Commission may revoke the license granted in this paragraph only upon giving reasonable,written <br /> notice to Developer in the manner provided in SECTION XI.F. below. <br /> SECTION IV. TIME FOR CERTAIN OTHER ACTIONS. <br /> A. Time for Submitting Plans for Design Development Review. Prior to Closing, the <br /> Commission may request, and Developer will provide, further information in connection with the <br /> Development Plan. Any further information requested and approved by the Commission as a <br /> supplement to the Development Plan shall be recorded as an addendum to this Contract. The <br /> Development Plan and any addenda or amendments thereto will serve the Commission in its <br /> determination that the Developer has completed the Project and is entitled to the Certificate of <br /> Completion as provided in Section V. <br /> 3 <br />