6A(2) Amended Agreement for Easement (WNIT)

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~`~ ~Z` J AMENDED AGREEMENT FOR EASEMENT THIS AMENDED AGREEMENT FOR EASEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of September, 2009, by and between the SOUTH BEND REDEVELOPMENT COMMISSION (the "Commission" or the "Grantee") and MICHIANA PUBLIC BROADCASTING CORPORATION ("WNIT" or the "Grantor"), a nonprofit corporation organized and duly existing under the laws of Indiana (the South Bend Redevelopment Commission and WNIT being sometimes referred to herein individually as a "Party" and collectively as the "Parties"). RECITALS A. WNIT is the owner of real property commonly known as 300 West Jefferson Blvd., South Bend, Indiana 46601, and all improvements thereon, described in Exhibit A (the "Property"). B. WNIT, pursuant to the terms and conditions of this Agreement intends to grant an Easement to the Commission for a portion of the Property described in Exhibit B (the "Easement Property") for the sole purpose of allowing the Commission to renovate and improve portions of the Property. C. The Parties to this Easement Agreement have previously entered into a Development Agreement executed effective the 5th day of December, 2008, as modified the 4`" day of September, 2009. The terms of the Development Agreement are incorporated herein by reference as if fully set out herein. D. The purpose of this Easement Agreement is to implement the terms and conditions of the Development Agreement, as amended, and the Parties intend that each of these Agreements should be read as consistent with and supplementing one another. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant unto Grantee, its successors and assigns, the following non-exclusive Easement and rights to the Property to be used in common with the Grantor and its successors and assigns: The Recitals are incorporated into the operative provisions of this Agreement as if fully set out herein. 2. The Easement granted herein is an Easement in gross, and accordingly, shall not be assignable by the Grantee and any such assignment shall terminate this Agreement for Easement. 3. The Easement granted herein shall be used only for the purpose of constructing certain improvements pursuant to the Development Agreement between the parties. 4. The Easement granted herein includes incidental rights of maintenance, repair and replacement.