No. 2394 approving a Development Agreement with Douglas Road Retail Partners L.P., Douglas Road Partners L.P. and the City of South Bend, Indiana and other related matters

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• The Commission hereby empowers the Board to assume full responsibility for obtaining all necessary licenses, inspections, zoning approvals, building permits and any and all acts necessary to comply with the applicable statutory and regulatory requirements regarding the construction, zoning and leasing of the Project. The sole responsibility for construction and purchase of items constituting the Project shall be that of the Board, which has the sole responsibility for dealing with contractors and subcontractors in the construction of the Project. The Board shall ensure that all components of the Project are properly invoiced to and titled in the Commission or the City prior to the commencement of Project. The Board shall have sole responsibility to inspect, on behalf of the Commission, the construction of improvements and the appurtenances and their installation although the Commission reserves the right, at any time, to conduct such independent inspection as it deems appropriate. If the improvements or appurtenances are not properly constructed or installed in accord with specifications, do not operate or hold up as represented or warranted by any supplier or contractor, or are unsatisfactory for any reason, the Board, during the term of this Project Agreement, shall make any claim on account thereof solely against said supplier or contractor. The Commission hereby assigns to the Board, during the term of this Project Agreement, all its rights and benefits pursuant to any warranties, duties, or obligations of any manufacturer, wholesaler, retailer, installer, contractor, or subcontractor who provides any labor or materials for or in the Project. C. Plans and Specifications for Project. The Commission and the City hereby agree to purchase from the Developer the plans and specifications for the Project (the "Plans") prepared by Abonmarche Consultants, L.L.C. ("Abonmarche") or, alternatively, to assume the Developer's contract with Abonmarche for the Plan; provided that the total cost of the Plans (or the contract) not-exceed One Hundred Ninety-Eight Thousand and 00/100 Dollars ($198,000.00). D. Right-of-Way for Project. To the extent that the Developer has purchased or secured right-of--way necessary for the completion of the Project as set forth in the Plans (the "ROW'), the Commission and the City hereby agree to purchase said ROW from the Developer for the amount paid for the ROW but not in excess of the appraised value, subject to the completion of their respective acquisition procedures. The ROW must be limited to the contemplated Project and must be provided to the City or the Commission via a warranty deed i 11