Vacation of First E/W Alley North of California Ave. Between Sherman Ave. and the North/South Alley

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receipt of such an Access Easement Agreement or similar document as part of its decision - making process prior to making its determination as to whether to grant Applicant's request to vacate the public alley at issue herein. 8. The purpose of this easement is to allow traffic flow between the properties and to allow the Adjacent Owners to continue having access to their garages or other improvements and to allow access for maintenance of said properties. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Property Owners hereby grant and convey to each other, their successors and assigns, permanent, exclusive and perpetual easements in, on, under, over and across their respective interest in the Vacated Area for the limited purpose of allowing Property Owners, their guests or tenants access to their respective garages or other improvements or for periodic maintenance equipment. 2. The easement to be created shall burden and benefit both the Applicant's property as well as property of Adjacent Owners. The easement shall run with the land and shall be binding on and shall inure to the benefit of the Applicant and the Adjacent Owners as well as the respective heirs, successors or assigns of the Applicant and the Adjacent Owners. 3. Any agreement to terminate or modify the easements to be granted must be approved and executed by the Applicant, all Adjacent Owners and /or their successors and /or the successors in interest to the Applicant and the Adjacent Owners. Said Agreement to terminate or modify the Easement Agreement must be approved in writing by the City of South Bend in order to be effective. 4. The Applicant and the Adjacent Owners have agreed to make all necessary improvements to their respective properties so that said properties do not interfere with the Applicant and /or Adjacent Owners' ability to use the vacated area as set forth in this Agreement. 5. The Property Owners agree to maintain the vacated area that will be located adjacent to their respective properties in a reasonable manner and at their sole expense. The Applicant shall be solely responsible for constructing or otherwise providing for any improvements required by the Board but may seek indemnification from the Property Owners for the cost related to such improvements their pro -rata share (which each pro -rata share determined by each Property Owner's portion of the total frontage along the Vacated Area). 6. Any violation or breach of this Agreement shall be considered a breach and any Property Owner shall have the authority to enforce this Agreement in any manner permitted by law. 2