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GRANT OF TEMPORARY EASEMENT <br />THUS GRANT OF EASEMENT is made this day of August, 2004, by the Board of <br />Public Works of the City of South Bend ("Grantor") in favor of Memorial Hospital of South Bend, <br />Inc. ("Grantee"). <br />WITNESSETH THAT: <br />WHEREAS Grantee is the owner of certain real property located in the block bounded by <br />Park Lane on the North, Lafayette on the West, Bartlett on the South and vacated Main Street on the <br />East; and <br />WHEREAS, property in that block with the legal descriptions attached hereto as Exhibit "A" <br />is owned by Grantor as the location for relocated Bartlett Street (the "Property"); and <br />WHEREAS, Grantee desires to use the Property as a parking lot for Grantee's employees and <br />intends to improve the Property as a parking lot. <br />NOW, THEREFORE, for and in consideration for the following agreements and covenants <br />contained herein and other good and valuable consideration given by each party hereto unto the <br />others, the receipt and sufficiency of which consideration is acknowledged, the parties agree as <br />follows: <br />1. Incorporation of Recitals. The recitals hereto are incorporated into and made a part of <br />this instrument. <br />2. Grant of Easement. Grantor does hereby grant a temporary, non-exclusive right, <br />privilege and easement to Grantee, for the benefit of Grantee and Grantee's agents, employees, <br />tenants, guests, invitees, successors and assigns (the "Benefited Parties") to use the Property for the <br />purpose of a parking lot for Grantee's employees. <br />3. Duration of Grant of Easement. This easement shall be in full force and effect up to <br />and through August 1, 2009. <br />4. Grantee to Maintain Easement. Grantee shall, at its own cost and expense, at all times <br />keep the Easement, including pavement and curbing, in good condition and repair and shall keep the <br />Easement free and clear of snow, dirt, and other debris as if it were still a part of the public right-of- <br />way. <br />S. Easement Does Not Run With the Land. The easement which is contained in this <br />instrument shall not run with the land, but shall cease at such time as the Property is needed to <br />construct relocated Bartlett Street. <br />