Annexing property located in German Township - Herrman and Goetz Annexation

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8. The Owner agrees that this Commitment shall be recorded in the Office of the St. Joseph County Recon~ier and afile-marked copy of the recorded Commitment shall be furnished to the South Bend Common Council, the Area Plan Commission of St. Joseph County, and all property owners of record located within three hundred feet (300') of the petitioned property; the Owner further agrees that these commitments shall take effect upon the adoption of an amendment to the South Bend Zoning Ordinance by the South Bend Common Council in accordance with the City's petition to annex and rezone the property; 9. The Owner further agrees that these commitments may be modified or terminated only by a decision of the Area Plan Commission of St. Joseph County and/or the South Bend Common Council made at a public hearing after notice has been provided by their rules as provided at I.C. 36-7-4-613. 10. The Owner agrees that these commitments shall be enforceable by an action in either law or equity by the City of South Bend, the South Bend Common Council, the Area Plan Commission of St. Joseph County, or by one (1) or more property owners located within three hundred feet (300') of the petitioned property and/or the successors and assigns of said property owners, said property owners being a class of especially affected persons entitled to enforce these commitments as contemplated by I.C. 36-7-4-613; 11. The Owner further agree that these commitments shall be binding upon its successors in interest, assigns, heirs, beneficiaries and personal representatives of their estates; and 12. The Owner does hereby agree that the use and development of said property shall be strictly in accordance with the terms and provisions of these commitments, including the site development plan attached hereto, marked Exhibit "A" and made a part hereof. Executed this day of September, 1998. By: HERRMAN & GOETZ, INC. Thomas J. Herrman, P.E. Its: President F:\WOBLDOX\H0364\98001\conunitment -reuse+dev.wpd9/23/S3 This instrument was prepared by John H. Peddycord, Esq. (i/5670-71) of the law firm of MAY, OBERFELL & COBWEB, 300 North Michigan, South Bend, Indiana 46601; (219) 232-2031. 3 Exhibit "1"