#2865- Deed; EASEMENTS FOR VARIOUS LOCATIONS -Chimps- Grant of Temporary Easements

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GRANT OF TEMPORARY EASEMENTS INSTALLATION OF CHIMP SCULPTURES AT VARIOUS PARTS OF THE CITY ENCROACHING INTO THE PUBLIC RIGHT-OF-WAY This Grant of Temporary Easements, made this 1�day of May, 2003, by the City of South Bend, Indianathrough its Board of Public Works (Grantor) in favor of South Bend Zoological Society, Inc., its successors and assigns (Grantee). WITTNESSETH THAT: WHEREAS, the South Bend Zoological Society is a not -for -profit Indiana Corporation whose primary purpose is to aid the Potawatomi Zoo of South Bend; and WHEREAS, Grantee, to further the knowledge of the presence of and to stimulate attendance at Potawatomi Zoo, wishes to locate sculptures of Chimpanzees at various locations throughout the City of South Bend, some of which locations are on the public property; and WHEREAS, the Board of Public Works desires to grant right of easements for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public property. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto other, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easements. The Board of Public Works of the City of South Bend does hereby grant to the South Bend Zoological Society, its successors and assigns, an exclusive right, privilege and easements to locate the Chimpanzee sculptures through October 31, 2003 at the following locations in the City of South Bend: a. The Morris Center on the Brick Walk at the East Entrance Fountain Area; b. The Century Center at the Sign on the Grass on St. Joseph Street; c. The College Football Hall of Fame at the Corner of St. Joseph and Washington Streets, across from the Marriott; d. The West Michigan Island - Grassy Island in Front of Memorial Hospital; e. The County -City Building, 227 West Jefferson Boulevard; f. The South Bend Chocolate Factory, 100 South Michigan Street; g. The Leighton Healthplex Brick Atrium off Main and Jefferson Streets; h. The Key Bank Center at the Comer of Jefferson and Michigan Streets; i. The St. Joseph County Main Library, 340 South Main; j. The Fannie Mae Candy Shop, 101 North Michigan Street; Z. k. The Potawatomi Zoo Society, Michigan and Chippewa Streets on City Island. For purposes of this grant, each location shall be considered a different easement.