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South Bend Redevelopment Commission <br /> Regular Meeting—July 12, 2011 <br /> 6. NEW BUSINESS (CONT.) <br /> D. South Bend Central Development Area <br /> (3) Operation, Maintenance and Easement <br /> Agreement (South Bend Marriott) <br /> Estoppel and Release (Atrium). <br /> The Redevelopment Commission is being <br /> asked to certify it has reviewed the two <br /> Estoppel and Release Agreements and to the <br /> best of its knowledge, the statements <br /> contained therein are true, correct and <br /> complete in all material respects. The <br /> Commission is also being asked to release <br /> Host from its obligations upon closing of the <br /> sale of the Hotel and the ground lessee's <br /> interest in the land underlying the Hotel by <br /> Buyer, and upon Buyer's assumption in <br /> writing of all of Host's rights, duties, and <br /> obligations related to the Walkway <br /> Agreement. <br /> The Estoppels essentially indicate that Host <br /> and FBCLP (First Bank Center Limited <br /> Partnership) are in compliance with the <br /> Walkway Agreement (Construction, <br /> Easement, Restriction and Operating <br /> Agreement), the Common Facilities <br /> Management Agreement and the Operation, <br /> Maintenance and Easement Agreement, <br /> except for"Common Facilities Items Not in <br /> Good Condition or Repair" which is attached <br /> to the Estoppels as an Exhibit. The Estopples <br /> also indicate there is no default in any of <br /> these Agreements and no amendments other <br /> than identified. <br /> In order to make a recommendation to the <br /> Redevelopment Commission regarding these <br /> Estoppel's, staff has had the City Attorney's <br /> office review the estoppels and attached <br /> 15 <br />