HomeMy WebLinkAbout6B (6)� A cv)
Cross Reference: Agreement to Lease by and between the City of South Bend, Indiana, Department of
Development, acting by and through the South Bend Redevelopment Commission, and Stephenson Mill Associates,
LLC, a Wisconsin limited liability company, as successor -in- interest to Heartland Fund Management, Inc., dated to
be effective September 2, 1994, and recorded October 26, 1994, in the Office of the Recorder of St. Joseph County,
Indiana as Instrument No. 9440231.
EASEMENT CONVERSION AGREEMENT
This EASEMENT CONVERSION AGREEMENT (this "Agreement ") is made and entered
into by and between the City of South Bend, Indiana, Department of Development, acting by and
through the South Bend Redevelopment Commission (the "Commission "), and Stephenson Mill
Associates, LLC, a Wisconsin limited liability company ( "SMA "), to be effective as of the day
of September, 2011.
RECITALS
A. The Commission and SMA entered into that certain Lease Agreement dated as of
September 2, 1994, a copy of which was recorded on October 26, 1994, in the Office of the Recorder
of St. Joseph County, Indiana as Instrument No. 9440231, as amended (the "Lease ").
B. The Commission and SMA have agreed to convert the Lease into an easement upon
the terms and conditions set forth in the First Amendment to Parking Agreement entered into by and
between the Commission and SMA (the "First Amendment ").
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby mutually agree as follows:
Conversion. The parties acknowledge that the Lease is to be converted into
an easement upon recording of an Easement Agreement (defined below)
between the parties. The parties acknowledge and agree that as of the
recording of this Agreement, (i) the parties have entered into an Easement
Agreement dated 2011 and recorded on
, 2011 in the Office of the Recorder of St. Joseph
County, Indiana as Instrument No. (the "Easement
Agreement "), and (ii) the Lease is hereby converted into an easement under
the terms of the Easement Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between
the parties hereto and supersedes all prior discussions, negotiations and
agreements, whether oral or written. Any amendment to this Agreement must
be reduced to writing and signed by both parties before it will become
effective. This Agreement may be executed in separate counterparts, each of
which when so executed shall be an original, but all of such counterparts shall
together constitute but one and the same instrument.
(SPACE INTENTIONALLY BLANK — SIGNATURES TO FOLLOW)
IN WITNESS WHEREOF, SMA has executed this Agreement to be effective as of the date
first set forth herein above.
STEPHENSON MILL ASSOCIATES, LLC,
a Wisconsin limited liability company
By: Housing Horizons, LLC, a Texas limited liability
company, its Manage9-
vr",.
By:
Leonard kAnderson
Vice President and Chief Operating Officer
STATE OF GEORGIA )
) ss:
COUNTY OF )
On thi day of 2011, before me, the undersigned,
personally appeared Leonard J. Anderson, ersonally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual executed the instrument; as his free act and deed, and the free act and deed
of said limited liability companies.
In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and
year in this Certificate first above written.
[SEAL]
" - N�•'V "mss �r�q� /�
��p0 F +,%;o9�:
rrr •r M.. Q ..
m:
••.Mew R 9 ;.•• �/ `�
iCOUtO �%%
�
-2-
Notary Public in and for saig County and State
IN WITNESS WHEREOF, the Commission has executed this Agreement to be effective as
of the date first set forth herein above.
CITY OF SOUTH BEND, DEPARTMENT OF
REDEVELOPMENT, acting by and through the SOUTH
BEND REDEVELOPMENT COMMISSION
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
STATE OF INDIANA )
) ss:
COUNTY OF ST. JOSEPH )
On this day of , 2011, before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that s/he executed the same in her /his capacity, and that by her /his signature on
the instrument, the individual executed the instrument; as her/his free act and deed, and the free act
and deed of said city.
In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and
year in this Certificate first above written.
[SEAL] Notary Public in and for said County and State
My commission expires
I affirm, under penalties of perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law, Nicklaus R. McKee.
This instrument prepared by: Nicklaus R. McKee
Vorys, Sater, Seymour and Pease LLP
221 East Fourth Street, Suite 2000
Cincinnati, OH 45202
-3-