5A2 Agreement to Suspend and Release Easement (Riverwalk Partners LLC) - Signed

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1 Cross Reference: Instrument No. 2024-10901 (Commission Deed) Instrument No. 8216846 (1982 Declaration) Instrument No. 0130069 (2001 Relocation) AGREEMENT TO SUSPEND AND RELEASE EASEMENT THIS AGREEMENT TO SUSPEND AND RELEASE EASEMENT (hereinafter the “Agreement”) is entered into to be effective this ____ day of ______________, 2025 (the “Effective Date”) by the City of South Bend, Indiana, Department of Redevelopment by and through its governing body, the South Bend Redevelopment Commission (hereinafter the “Commission”), in favor of SOUTH BEND RIVERWALK PARTNERS, LLC, an Indiana limited liability company (“Riverwalk”), and their respective successors and assigns. WITNESSETH: WHEREAS, the Commission acquired certain real estate more particularly described in Exhibit A attached hereto and incorporated herein (the “Commission Real Estate”) pursuant to a certain Special Warranty Deed dated May 6, 2024 and recorded May 20, 2024 as Instrument No. 2024-10901 in the Office of the Recorder of St. Joseph County, Indiana; WHEREAS, Riverwalk intends to acquire certain real estate more particularly described in Exhibit B attached hereto and incorporated herein (the “Riverwalk Real Estate”); WHEREAS, the Commission Real Estate is the beneficiary of a certain non-exclusive easement over the Riverwalk Real Estate for pedestrian and vehicular ingress and egress to and from Wayne Street/Jefferson Boulevard (the “Easement”) granted by Crowe LLP, an Indiana limited liability partnership, formerly known as Crowe, Chizek & Company, an Indiana partnership (“Crowe”), pursuant to a certain Declaration and Grant of Easement for Pedestrian and Vehicular Egress dated November 3, 1982, and recorded November 3, 1982 as Instrument No. 8216846 in the Office of the Recorder of St. Joseph County, Indiana (the “Declaration”); WHEREAS, Crowe relocated the Easement pursuant to a certain Relocation of Easements dated June 25, 2001 and recorded June 27, 2001, as Instrument No. 0130069 to the location described therein, which remains the location of the Easement as of the Effective Date. WHEREAS, Riverwalk intends to redevelop the Riverwalk Real Estate as a market rate, apartment community (the “Riverwalk Project”), and in connection with the development of the Riverwalk Project, the Commission has agreed to construct or cause to be constructed and dedicate certain public roadways, sidewalks and related improvements generally as depicted in Exhibit C attached hereto and incorporated herein (the “Roadway Improvements”), which will provide access to and from the Commission Real Estate from and to Wayne Street/Jefferson Boulevard;