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5 1 2�52 <br />AGREEMENT RECORDED ON <br />11-02-2000 9:17:42 <br />TERRI ,1. RETHLARE <br />AGREEMENT entered into by and between City of South Bend, Indiana �HROUNNTY <br />Wan <br />through its Board of Public Works "City"REC. FEE: 15.00 <br />( ty) and Madison Center, Inc., an Igg not fof profit <br />corporation, ("Madison") for and in consideration of their mutual promises, covenants, and <br />agreements hereinafter set forth, the parties agree as follows: <br />1. Madison is the owner of a parcel of real property located in St. Joseph County more <br />Particularly described on Exhibit "A" attached hereto and made a part hereof which is referred to <br />herein as "Madison Parcel I". City is interested in obtaining an easement across the westerly <br />boundary ofMadison Parcel I which is approximately fifteen (15) fettoeightee(1S)eetinwidh,ef <br />does not require the walkway to be built over the river bank and will be improved by City as a <br />walkway for pedestrians which will connect with a similar walkway across property immediately <br />south of Madison Parcel L Madison agrees to the dedication of this easement and shall execute and <br />deliver to City at Closing a Dedication of Easement in the form which is attached hereto and made <br />a part hereof as Exhibit "B". Madison wiII not charge any fee to City for dedication of this <br />easement. <br />2. City shall pay all expenses for construction of the walkway across the easement on <br />Madison Parcel I. City shall also pay all of the charges of Schuell Fence Company to move <br />Madison's existing fence, which is located in the area where the walkway will be constructed, prior <br />to City's contractors beginning construction on the walkway and store it in a safe place and also for <br />the same company to reinstall the fence in a location immediately east of the new walkway after <br />walkway construction is completed. City will also replace or pay for the replacement of any <br />landscaping materials, including grass, which are damaged in the course of construction of the <br />walkway and will pay the expense to have Madison's irrigation contractor relocate those portions <br />