Vacate - 1st East West alley South of Western Ave running West from Main St

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PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT THIS PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT hereinafter called "Agreement" made and entered into this /3 day of August, 1991, by and between BRIARWOOD SOUTH BEND, an Indiana Partnership ("Grantor") and THE CITY OF SOUTH BEND ("Grantee"). WHEREAS, Grantor is the owner of certain real property located in the City of South Bend, County of St. Joseph, State of Indiana ("Parcel A"), which is more particularly described in Exhibit "A" attached hereto, and WHEREAS, Parcel A was an alleyway maintained by Grantee, and WHEREAS, Grantor obtained a vacation of the alleyway existing on Parcel A and as a condition of such vacation Grantor agreed to provide Grantee with a perpetual easement over, upon, along and across Parcel A for ingress and egress to and from Parcel A in order to provide access between Main Street and the first North-South Alley West of Main Street, South Bend, Indiana NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and for good and valuation paid by each party hereto to the other, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed as follows: 1. Grantor does hereby grant and convey to Grantee, together with Grantee's successors, assigns, invitees, guests and licensees, a perpetual non-exclusive surface easement and right of way over, upon, along and across Parcel A for purposes of ingress and egress in order to provide Grantee with access between Main Street and the first North-South Alley West of Main Street, for both pedestrian and vehicular traffic. Grantee shall not do anything to impair, restrict, diminish or interfere with the rights of others to use and enjoy Parcel A. 2. Grantee agrees to indemnify and hold harmless Grantor for any loss, claim or cause of action including but not limited to costs and attorney fees arising out of Grantee's use of Parcel A. 3. The easement hereby created shall run with and be appurtenant to Parcel A. The easement shall be for the perpetual use, benefit and enjoyment of the Grantee and its successors, assigns, invitees, guests and licensees. 4. Grantor shall maintain and keep in good repair the easement granted herein. This instrument may be amended or modified only by mutual agreement extended by the parties or their respective successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, tenants, invitees, guests and licensees. 1