Laserfiche WebLink
<br />1-2 <br /> <br /> <br /> <br /> <br /> <br /> <br />GRANT OF TEMPORARY EASEMENT <br />THIS INDENTURE, made as of the _________ of ____________, 20___ (the “Effective <br />Date”), by and between The Monreaux LLC, an Indiana Limited Liability Company, with offices <br />at 1335 Pyle Avenue, South Bend, Indiana 46615 (the “Grantor”), and the South Bend <br />Redevelopment Commission, governing body of the City of South Bend Department of <br />Redevelopment, 1400S County-City Building, 227 West Jefferson Boulevard, South Bend, <br />Indiana 46601 (the “Grantee”). <br />WITNESSETH: <br />For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt <br />of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee <br />a temporary, non-exclusive easement (the “Easement”) on, in, over, under and across the real <br />property described in attached Exhibit 1 (the “Property”) for the inspection, equipping, and <br />construction (as may be applicable) delivery of certain materials or improvements on the Property <br />(the “Local Public Improvements”), together with the right of ingress to and egress from the <br />Easement for said purposes, all pursuant to a certain Development Agreement by and between <br />Grantor and Grantee, dated November 20, 2023, and subsequently amended on May 22, 2025, and <br />August 14, 2025 (the “Development Agreement”). Capitalized terms not otherwise defined herein <br />shall have the meanings set forth in the Development Agreement. <br />The Easement granted herein shall pertain to the air, surface, and subsurface rights and <br />interests of Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent <br />necessary to accomplish and carry out the inspection, equipping, and constructing (as may be <br />applicable) delivery of the Local Public Improvements for the Additional Funding Amount (as <br />defined in the Development Agreement) on the Property. The Easement hereby granted includes <br />the right and privilege for Grantee at reasonable times to clean and remove from said Easement <br />any debris or obstructions interfering with said Easement. <br />The Easement granted herein, and its associated benefits and obligations, shall inure to the <br />benefit of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the <br />Additional Funding Amount Local Public Improvements. <br />Notwithstanding anything contained herein to the contrary, unless extended in writing by <br />Grantor, the Easement shall terminate and be of no further force and effect on the date (hereinafter, <br />the “Construction Termination Date”) of the earliest of the following: (a) completion of the <br />Additional Funding Amount Local Public Improvements; (b) expiration or earlier termination of <br />the Development Agreement; or (c) such earlier date as Grantor and Grantee may agree to in <br />writing.IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on <br />the date shown in the acknowledgment set forth below to be effective as of the Effective Date.