HomeMy WebLinkAbout6D (2) Contract forPurchase and Sale of Real Estate Estoppel (City and Commission) (SouthBend).docxCONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND
BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND
REDEVELOPMENT COMMISSION AND AJW SOUTH BEND REALTY CORP. AND
THE TJX COMPANIES, INC.
ESTOPPEL CERTIFICATE
The City of South Bend, Indiana, a municipal corporation existing under the laws of Indiana (the
"City "), and the South Bend Redevelopment Commission, the governing body of the South Bend
Department of Redevelopment and the Redevelopment District of the City of South Bend,
Indiana (the "Commission "; the City and Commission are, collectively, "South Bend "), hereby
state, certify and affirm the following, with respect to the possible sale of 1902 West Sample
Street, South Bend, Indiana (the "Property "), to the following persons: AJW South Bend Realty
Corp., an Indiana corporation, and its successors and assigns (the "Seller "), Garrison Holladay
South Bend Owner LLC, a Delaware limited liability company, and its successors and assigns
(the "Purchaser ") and any lender of Purchaser, with the knowledge and intent that the Purchaser
and its lender shall rely hereon:
1. South Bend is a party to that certain Contract for Sale of Land for Private
Redevelopment, by and among South Bend, Seller and the TJX Companies, Inc., dated effective
as of April 24, 2002 as amended by the First Amendment to Contract for Sale of Land for Private
Redevelopment, by and among South Bend, Seller and the TJX Companies, Inc., dated effective
as of April 20, 2007 (the "Contract for Sale "), as evidenced by a Memorandum of Contract for
Sale of Land for Private Redevelopment to AJW South Bend Realty Corp. dated July 30, 2002
and recorded July 31, 2002 as Instrument No. 0240863 in the Official Records of St. Joseph
County, Indiana.
2. There are no defaults, claims thereof, or any condition which with the
giving of notice and /or passage of time could become a default pursuant to Article 12, Paragraph
(4) of the Contract for Sale.
3. Each and every term and provision of the Contract for Sale, other than the
terms and provisions of Article 12, Paragraph (4), which have been embodied in the Quitclaim
Deed dated July 30, 2002 and recorded July 31, 2002 as Instrument No. 0240864 in the Official
Records of St. Joseph County, Indiana, are personal to Seller and /or the TJX Companies, Inc., as
applicable, and do not run with the land, and are not and will not be binding on Purchaser or any
successor to Purchaser.
4. The undersigned and the person(s) executing this Certificate on behalf of
the undersigned have the power and authority to render this Certificate.
K &E 23674712.3
This Certificate is for the benefit of and may be relied upon by (i) Seller and its successors and
assigns, (ii) Purchaser and its successors and assigns, and (iii) any lender(s) of Purchaser (or
Purchaser's successors and assigns) from time to time.
Date: , 2012
THE CITY:
City of South Bend
Its:
THE COMMISSION:
The South Bend Redevelopment Commission
LE
Its:
2
K &E 23674712.3