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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t Board of Public Works Assistant City Attorney City of South Bend, Indiana City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1300 227 W. Jefferson Boulevard, Suite 1400 South Bend, IN 46601-1830 South Bend, IN 46601-1830 Developer: John T. Phair President Douglas Road Partners, L.P 227 South Main Street, Suite 300 South Bend, IN 46601 D. Binding Obligations. All the terms and conditions of this Agreement are hereby made binding on the successors and permitted assigns of both parties hereto. E. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana and venue for any action shall be St. Joseph County, Indiana. F. Effectiveness. This Agreement shall not be effective or binding until fully executed by the parties hereto. G. Agreement Survives Closing. This Agreement will survive closing. H. Severability Clause. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. I. Supplemental Documentation. Unless otherwise specified herein, each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to accomplish the actions contemplated by this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. Without limitation, this shall include acknowledging any exhibits or appendixes called for to be attached hereto or included herewith, and the failure to attach any such items to this Agreement at the date of execution shall not void this Agreement so long as all required items are supplied on or before December 31, 2007. • 13