Demolition Agreement - Demo of Housing Units at Monroe Circle – Housing Authority of SB

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GRANT OF TEMPORARY EASEMENT THIS INDENTURE, made as of the 9th day of May 2023 (the “Effective Date”), by and between Housing Authority of South Bend, an Indiana not-for-profit public corporation, with offices at 501 Alonzo Watson Drive, South Bend, Indiana 46601 (the “Grantor”), and the South Bend Board of Public Works, governing body of the City of South Bend, 1300 N. County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (the “Grantee”). WITNESSETH: For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non- exclusive easement (the “Easement”) on, in, over, under and across the real property described in attached Exhibit 1 (the “Property”) for the construction, equipping, and delivery of certain improvements on the Property (the “Local Public Improvements”), together with the right of ingress to and egress from the Easement for said purposes, all pursuant to a certain Demolition Agreement by and between Grantor and Grantee, dated May ___, 2023 (the “Demolition Agreement”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Demolition Agreement. The Easement granted herein shall pertain to the air, surface, and subsurface rights and interests of Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent necessary to accomplish and carry out the construction, equipping, and delivery of the Local Improvements on the Property. The Easement hereby granted includes the right and privilege for Grantee at reasonable times to clean and remove from said Easement any debris or obstructions interfering with said Easement. The Easement granted herein, and its associated benefits and obligations, shall inure to the benefit of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the Local Public Improvements. Notwithstanding anything contained herein to the contrary, unless extended in writing by Grantor, the Easement shall terminate and be of no further force and effect on the date (hereinafter, the “Construction Termination Date”) of the earliest of the following: (a) completion of the Local Public Improvements; (b) expiration or earlier termination of the Demolition Agreement; or (c) such earlier date as Grantor and Grantee may agree to in writing. 9