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

Home Browse Search

• and free of all liens and encumbrances. It is the understanding of the parties that the Developer will dedicate the right-of-way on the frontage of their developments and the easement necessary to provide for the storm-water drainage solution set forth in the Plans without expectation of payment or reimbursement. In order to expedite the awarding of the bid for the contract, the Developer hereby agrees to grant the City a limited right of entry on the ROW to commence the construction the Project. IV. MISCELLANEOUS A. Entirety of Agreement. This Agreement embodies the entire agreement between the parties and cannot be varied except by the written agreement of the parties. No representation, promise, or inducement not included in this Agreement shall be binding upon the parties hereto. B. Essence of Time. Time is of the essence of this Agreement. C. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the Developer or the Commission, as the case may be, at the address set forth below. Developer: John T. Phair President Douglas Road Retail Partners, L.P 227 South Main Street, Suite 300 South Bend, IN 46601 Commission: Donald E. Inks, Director Department of Redevelopment City of South Bend, Indiana 227 W. Jefferson Boulevard South Bend, IN 46601-1830 With copy to: Philip J. Faccenda, Jr. Barnes & Thornburg LLP 100 North Michigan Street 600 1St Source Bank Center South Bend, IN 46601 Board: Gary A. Gilot, President • With copy to: Charles S. Leone, Esq. City Attorney City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400 South Bend, IN 46601-1830 With copy t°: Shawn E. Peterson, Esq. 12