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5D2 Development Agreement (Grand Leader) - Signed
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5D2 Development Agreement (Grand Leader) - Signed
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2/13/2025 1:35:45 PM
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Dept of Community Investment
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With a copy to: <br />Attn: <br />Commission: South Bend Redevelopment Commission <br />1400S County -City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br />Attn: Executive Director, South Bend Department of <br />Community Investment <br />With a copy to: South Bend Legal Department <br />1200S County -City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br />Attn: Corporation Counsel <br />9.9 Governing Law. This Agreement is governed by and construed in accordance with <br />the laws of the State of Indiana. <br />9.10 Authority. Each undersigned person executing and delivering this Agreement on <br />behalf of a Party represents and certifies that he or she is the duly authorized officer or <br />representative of such Party, that he or she has been fully empowered to execute and deliver this <br />Agreement on behalf of such Party, and that all necessary action to execute and deliver this <br />Agreement has been taken by such Party. <br />9.11 Na Third -Fatly Beneficiaries. Nothing in this Agreement, express or implied, is <br />intended or shall be construed to confer upon any person, firm, or corporation other than the Parties <br />hereto and their respective successors or assigns, any remedy or claim under or by reason of this <br />Agreement or any term, covenant, or condition hereof, as third -party beneficiaries or otherwise, <br />and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of <br />the Parties herein. <br />9.12 Assignment. The Developers' rights under this Agreement shall be personal to the <br />Developers and shall not run with the land. Upon providing the Commission with advance written <br />notice, the Developers may assign their rights and obligations under this Agreement to an entity <br />wholly owned by Benjamin Miller and/or Christina Miller; however, the Developers may not <br />assign their rights or obligations under this Agreement to any other third party without obtaining <br />the Commission's prior written consent to such assignment, which the Commission may give or <br />withhold in its sole discretion. In the event the Developers seek the Commission's consent to any <br />such assignment, the Developers shall provide to the Commission all relevant information <br />concerning the identities of the persons or entities proposed to be involved in and an explanation <br />of the purposes for the proposed assignment(s). <br />10 <br />
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