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6A(2) Amended Agreement for Easement (WNIT)
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6A(2) Amended Agreement for Easement (WNIT)
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9/3/2009 9:15:02 AM
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~`~ ~Z` J <br />AMENDED AGREEMENT FOR EASEMENT <br />THIS AMENDED AGREEMENT FOR EASEMENT (hereinafter referred to as the <br />"Agreement") is made and entered into this day of September, 2009, by and between the <br />SOUTH BEND REDEVELOPMENT COMMISSION (the "Commission" or the "Grantee") and <br />MICHIANA PUBLIC BROADCASTING CORPORATION ("WNIT" or the "Grantor"), a <br />nonprofit corporation organized and duly existing under the laws of Indiana (the South Bend <br />Redevelopment Commission and WNIT being sometimes referred to herein individually as a <br />"Party" and collectively as the "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 "Property"). <br />B. WNIT, pursuant to the terms and conditions of this Agreement intends to grant an <br />Easement to the Commission for a portion of the Property described in Exhibit B <br />(the "Easement Property") for the sole purpose of allowing the Commission to <br />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, as <br />modified the 4`" day of September, 2009. The terms of the Development Agreement <br />are 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, as amended, and the Parties intend that each of <br />these Agreements should be read as consistent with and supplementing 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 assigns: <br />The Recitals are incorporated into the operative provisions of this <br />Agreement as if fully set out herein. <br />2. The Easement granted 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 />3. The Easement granted herein shall be used only for the purpose of <br />constructing certain improvements pursuant to the Development Agreement <br />between the parties. <br />4. The Easement granted herein includes incidental rights of maintenance, <br />repair and replacement. <br />
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