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AGREEMENT FOR EASEMENT <br />THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made <br />and entered into this day of January, 2009, by and between the SOUTH BEND <br />REDEVELOPMENT COMMISSION ( "Commission ") ("Grantee ") and MICHIANA PUBLIC <br />BROADCASTING CORPORATION ( "WNIT ") ("Grantor "), a nonprofit corporation organized <br />and duly existing under the laws of Indiana (the South Bend Redevelopment Commission and <br />WNIT being sometimes referred to herein individually as a "Party" and collectively as the <br />"Parties "). <br />RECITALS <br />A. WNIT is the owner of real property commonly known as 300 West Jefferson blvd., <br />South Bend. Indiana 46601, and all improvements thereon, described in Exhibit A <br />(the "Propert} ). <br />B. WNIT, pursuant to the terms and conditions of this Agreement, intends to grant an <br />easement (the "Easement ") to the Commission for a portion of the Property <br />described in Exhibit B (the "Easement Property ") for the sole purpose of allowing <br />the Commission to renovate and improve portions of the Property. <br />C. The Parties to this Easement Agreement have previously entered into a <br />Development Agreement executed effective the 5th day of December, 2008 <br />( "Development Agreement"). The terms of the Development Agreement are <br />incorporated herein by reference as if fully set out herein. <br />D. The purpose of this Easement Agreement is to implement the terms and conditions <br />of the Development Agreement, and it is intended by the Parties that each of these <br />Agreements should be read as consistent with one another. <br />NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby <br />acknowledged, the Grantor does hereby grant unto Grantee, its successors and assigns, the <br />following non - exclusive Easement and rights to the Property to be used in common with the <br />Grantor and its successors and assilms: <br />1. The Recitals are incorporated into the operative provisions of this Agreement as if <br />fully set out herein. <br />2. The Easement ranted herein is an easement in gross, and accordingly, shall <br />not be assignable by the Grantee and any such assignment shall terminate <br />this Agreement for Easement. <br />