6.B.(1)&(2) Staff report 118 N. Main St.

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Dc~otc the Pro~~crt}~ ~>nly to uses under the Plan: and ?. A'ot discriminate on the basis of race. color. creed. sex or national oris~in in the sale. Icasc_ rental. use or occupancy of the Property. B. Entorccabil itv of Covenants. The parties agree and the Decd shall expressly state that the cu~cnants in this Section shall be covenants running with the land and, except only as othenaise specifically pro~idcd in the Contract. shall he binding for the benefit of and shall be a~fiorceable bv: the Commission: 2. its successors and assi<~ns: ~. the City oi~South Bend: ~}. anv successors in interest to the Property. The co~~enants shall be enforceable a~!ainst: the Dc~elopci: ?. its successors and assigns: ~. c~~crv successor in interest to the Property: and 4. any party in possession or occupancy of the Property. The parties further a~~ree that the cu~~cnanis in Subsection Vl(.A)(1) shall remain in effect from the date of the Deed until December ~ I. ?018. The a~ycnants i^ subsection VI(A)(?) shall remain in effect ~~~ithout limitation as to time but shall bind the Dcycloper, each successor in interest to the Propcrt~~. and each party in possession only for the time that the party or successor shall hays title Yo. an interest in, or possession of the Property. The terms "uses spcciiicd in the Plane and eland use~~ shall include the land and all buildings. housing and other rcquiranents or restrictions oi~ the Plan pertaining to such land uses and improycmcnts to the Property. C. Beneficiaries of Covenants. The parties also agree that the Commission and its successors and assigns shall be deemed beneficiaries of the covenants in this Section. The Decd shall state that the covenants shall run in tayor of the Commission for the entire period the covenants shall be in force and efi~ect regardless of ~~hether the Commission has at any time been. or is the o~rner of an} land or interest in any land in fat or of~~-hich such covenants relate.