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<br /> <br />-1- <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />VENTILATION EASEMENT AGREEMENT <br /> <br />THIS VENTILATION EASEMENT AGREEMENT (this “Agreement”) is made and <br />entered into effective the 28th day of September 2021, by and among the City of South Bend, <br />Indiana, acting by and through its Board of Public Works (the “City”) and Commerce Center <br />Development LLC, an Indiana limited liability company (“CCD”) (each a “Party,” and collectively <br />the “Parties”), upon the following terms and conditions: <br /> <br />RECITALS <br /> <br /> A. CCD owns real property in South Bend, Indiana, on which it has constructed a <br />multi-story mixed-use building (the "Development"), which property is more particularly <br />described in Exhibit A, attached hereto (the “Real Property”). <br /> B. The City owns and maintains the right of way commonly known as the sidewalk at <br />LaSalle Avenue, a portion of which abuts a portion of the Real Property. <br /> C. The Development includes an underground parking garage, appurtenant to which <br />CCD has installed a ventilation system that encroaches underneath and upon the City's right of <br />way at LaSalle Avenue (the "Encroachment"). <br /> D. The Parties desire to enter into this Agreement to allow the Encroachment to <br />continue in the location depicted on Exhibit B, attached hereto, and more particularly described <br />on Exhibit B-1, attached hereto (the "Easement Parcel"). <br /> NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable <br />consideration and of the covenants herein contained, the Parties hereby covenant and agree, that <br />the Easement Parcel shall be and hereby is subject to the easement hereinafter set forth in this <br />Agreement. <br /> <br />1. Recitals. The foregoing recitals are a part of and shall be integrated into this <br />Agreement. <br />2. Ownership of Easement Parcel. The City represents and warrants that it is lawfully <br />seized of the Easement Parcel, that it has full right and power to grant the easement <br />contained herein, and that the Easement Parcel is free from all encumbrances. <br />