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Cross Reference: 9010102 (Quitclaim Deed) <br />. (Limited Warranty Deed) <br />MAINTENANCE AND TEMPORARY CONSTRUCTION <br />EASEMENT AGREEMENT <br />THIS MAINTENANCE AND TEMPORARY CONSTRUCTION EASEMENT <br />AGREEMENT (this "Agreement") is entered into by and between SOUTH BEND <br />REDEVELOPMENT AUTHORITY, a separate body corporate and politic organized and existing <br />under the provisions of I.C. 36-7-14.5 as an instrumentality of the City of South Bend, Indiana <br />("Grantor"), and SOUTH BEND RIVERWALK PARTNERS, LLC, an Indiana limited liability <br />company ("Grantee"; together with Grantor, each a "Party" or, collectively, the "Parties"), to be <br />effective as of , 2025. <br />RECITALS <br />WHEREAS, Grantor is the fee simple owner of certain real estate located in St. Joseph <br />County, Indiana, more particularly described on Exhibit A attached hereto and by reference <br />incorporated herein (the "Grantor Property"); <br />WHEREAS, Grantee is the fee simple owner of certain real estate located in St. Joseph <br />County, Indiana, more particularly described on Exhibit B attached hereto and by reference <br />incorporated herein (the "Grantee Property", together with Grantor Property, the "Properties"); <br />WHEREAS, Grantee intends to develop a multifamily apartment community on the <br />Grantee Property (the "Grantee Project"); <br />WHEREAS, Grantor desires to grant to Grantee certain maintenance and temporary <br />construction easements in, over, under, and through portions of the Grantor Property in accordance <br />with the terms set forth below. <br />AGREEMENT <br />NOW THEREFORE, in consideration of the foregoing and other good and valuable <br />consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor and <br />Grantee agree as follows: <br />