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<br /> <br />1 <br /> <br /> <br />NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT <br /> <br />THIS NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT (this “Agreement”) is <br />made and entered into effective as of the 9th day of July, 2026, between the City of South Bend, <br />Indiana, an Indiana municipal corporation, acting by and through its Redevelopment Commission <br />(the “Grantor”), and the ChoiceLight, Inc., an Indiana nonprofit corporation (the “Grantee”) (each a <br />“Party” and together the “Parties”), upon the following terms and conditions: <br /> <br />RECITALS <br /> <br /> A. Grantor owns real property in South Bend, Indiana known as Lot 1 of Sample and <br />Lafayette Minor Subdivision and Lots 4, 5, and 6 of the Ignition Park Major Subdivision, more <br />particularly described in attached Exhibit A (the “Property”). <br /> <br /> B. Grantee desires to install, operate, and maintain a fiber optic cable across certain <br />portions of the Property, as collectively described in attached Exhibit B and collectively depicted on <br />Exhibit C (the “Easement Area”). In the event of any conflict between Exhibit B and Exhibit C, <br />Exhibit B shall control. <br /> <br /> C. Grantor is willing to grant a limited, non-exclusive easement subject to the terms and <br />restrictions set forth herein. <br /> <br /> D. All present and future owners and occupants of the Property shall be and hereby are <br />subject to this Agreement, on the terms and conditions hereinafter set forth. <br /> <br /> NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable <br />consideration, including the public benefits associated with the installation of telecommunications <br />infrastructure, the Parties hereby covenant and agree that the Property and all present and future <br />owners and occupants of the Property, during the term of the Agreement, shall be and hereby are <br />subject to the easement hereinafter set forth in this Agreement, so that the Property shall be <br />maintained, kept, sold and used in full compliance with and subject to the Agreement and, in <br />connection therewith, the Parties hereto on behalf of themselves and their respective successors and <br />assigns covenant and agree as follows: <br />