Shared, Perpetual, Non Exclusive Ingress, Egress and Utility Easement Agreement - FREG and Wharf Partners LLC

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SHARE) PERPETUAL NON-EXCLUSIVE INGRESS EGRESS AND UTILITY EASEMENT AGREEMENT THIS SHARED, PERPETUAL, NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT AGREEMENT (this "Agreement") is made and entered into e fective as of 12:02 a.m. on this a5 dray ol"7,Tw ` , ,, , 2019, by and among the City of South Bend, Indiana, by and through its Board of Public Works, Board of Park Commissioners, and Redevelopment Commission (collectively the "City"), FREG Stephenson Mill Associates, LLC, a Colorado limited liability company ("FREG"), and Wharf Partners, LLC, an Indiana limited liability company ("Wharf Partners"), upon the following terms and conditions: RFC''TTAT Q A. The City owns real property in South Bend, Indiana known as Lot 1 of the Seitz Park Minor Subdivision, a portion of which is an access road as described in Exhibit A, attached hereto. The access road shall be referred to as the "Easement Parcel". Wharf Partners owns real property in South Bend, Indiana, adjacent to the Easement Parcel, known as Lots 1-3 of the Cascade Minor Subdivision (the "Wharf Partners Parcels"). FREG owns real property in South Bend, Indiana, adjacent to the Easement Parcel, known as Lot 1 of the Opelika Minor Subdivision and Lot 2 of the Seitz Park Minor Subdivision (the "FREG Parcels"). As used herein, the Access Easement Parcel, the Wharf Partners Parcels and the FREG Parcels are sometimes collectively referred to herein as the "Real Property"; and B. The parties hereto desire to enter this Agreement and all present and future owners and occupants of the Real Property shall be and hereby are subject to this Agreement, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration and of the covenants herein contained, the parties hereby covenants and agrees, that the Real Property and all present and future owners and occupants of the Real Property shall be and hereby are subject to the easements hereinafter set forth in this Agreement, the terms of which remain in full force and effect, so that said Real Property shall be maintained, kept, sold and used in full compliance with and subject to the Agreement and, in connection therewith, the parties hereto on behalf of themselves and their respective successors and assigns covenant and agree as follows: -1-