6A6 - Laserfiche WebLink

Home Browse Search

CONSTRUCTION, EASEMENT, RESTRICTION AND OPERATING AGREEMENT ESTOPPEL AND RELEASE Date: January . 2013 Reference is made to that certain Construction. Easement, Restriction and Operating Agreement by and among South Bend Joint Venture, an Indiana general partnership, f/k/a Rahn Properties II (`Joint Venture"), 1st Source Corporation, an Indiana corporation. f/k/a First Bank & Trust Company of South Bend ("lst Source"), the City of South Bend, Indiana, a municipal corporation under the laws of the State of Indiana ("City"). the City of South Bend Department of Redevelopment. a department of the City ("Department") and the South Bend Civic Center Board of Managers, a board created under the ordinances of the City of South Bend and pursuant to the Indiana State Code ("Board"). dated May 1, 1987, as assigned by that certain Assignment and Assumption of CFMA and CEROA by and between 1st Source and First Bank Center Limited Partnership, a Minnesota limited partnership ("Seller"). dated December 28, 2010, and as amended by that certain First Amendment to Construction, Easement, Restriction and Operating Agreement, by and among Seller (as successor to 1st Source), Jenna Hotel Investments, LLC, a Delaware limited liability company (as successor to Joint Venture and Host Hotels & Resorts, L.P.), and the Department by and through the South Bend Redevelopment Commission and the Board, dated August 4. 2011 (collectively. the "CEROA"). All terms and words of art used herein. as indicated by the initial capitalization thereof, shall have the same respective meanings designated for such terms and words of art in the CEROA. At the request of PWA South Bend, LP, a Pennsylvania limited partnership (Buyer"), in connection with its proposed acquisition from Seller of, among other things, that certain Ground Lease Agreement for Private Development dated October 22, 1979 between the City of South Bend Department of Redevelopment, as lessor, and FBT Bancorp, Inc., as lessee, as subsequently amended, assigned and modified ("Lease'). relating to certain real property located at 100 North Michigan Street, South Bend, Indiana, the undersigned party ("Undersigned Party-) hereby certifies to Seller and Buyer and Lender (as defined below), as follows: A. The CEROA is in full force and effect. B. The CEROA has not been modified or amended, except as set forth herein. C. To the best knowledge of the Undersigned Party, no party to the CEROA is in default, except as follows: D. The nature of any existing default is as follows: 13t-Wet141§§3314-€.1