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WAYNE GARAGE <br />USE, MAINTENANCE, AND FACADE AGREEMENT <br />This Wayne Garage Use, Maintenance, And Fagade Agreement (this "Agreement") is <br />made on _ , 2018 (the "Effective Date"), by and between the City of South <br />Bend, acting by and through its Board of Public Works (the "City"), and Michigan Street Shops <br />LLC, an Indiana limited liability company with its principal place of business at 4100 Edison <br />Lakes Parkway, Suite 350, Mishawaka, Indiana 46545 (the "Company") (each a "Party" and <br />together the "Parties"). <br />RECITALS <br />A. On - , 2018, the City (through the South Bend Redevelopment <br />Commission) conveyed that certain storefront parcel to the Company which is legally described in <br />Exhibit A (the "Shop"). <br />B. The Shop is within that certain parking garage owned by the City and legally <br />described in Exhibit B (the "Parking Garage"). <br />C. The Shop and the Parking Garage are depicted in the subdivision plat, as clarified <br />by that certain the Affidavit of Title, attached as Exhibit C (the "Subdivision Plat"). <br />D. As a condition precedent to the City conveying the Shop to the Company and the <br />Company accepting such conveyance from the City, the Parties have agreed upon terms to govern <br />the Company's use of the Shop, maintenance of the Shop's fagade, maintenance of the Parking <br />Garage, and other matters of mutual interest, as set forth in this Agreement. <br />AGREEMENT <br />THEREFORE, in consideration of the mutual covenants and promises in this Agreement <br />and other good and valuable consideration, the receipt of which is hereby acknowledged, the <br />Company and the City agree as follows: <br />1) Ownership; Platted Rights and Easements. The Parties mutually acknowledge that <br />the Company is the owner in fee simple absolute of the Shop, subject to easements and restrictions <br />of record, including but not limited to those easements and restrictions identified in the Subdivision <br />Plat and deed. The Parties also mutually acknowledge that the City is the owner in fee simple <br />absolute of the Parking Garage, subject to easements and restrictions of record, including but not <br />limited to those easements and restrictions identified in the Subdivision Plat. Furthermore, in the <br />event of any conflict between the terms of this Agreement and the Subdivision Plat, the Parties <br />agree to negotiate in good faith to amend this Agreement in accordance with Section 16 below to <br />resolve such conflict and to record such amendment in the Office of the Recorder of St. Joseph <br />County, Indiana, The Company grants an easement to the City for the installation and maintenance, <br />including repair and replacement, of existing and future utility lines and structures, including but <br />not limited to sanitary sewer, water, electric, gas, phone, and cable, and allowing such utility lines <br />and structures to run in and through the area within the Shop for the use of the Shop and the Parking <br />Garage, provided, however, that the kind and location of said utility lines and structures will be <br />