HomeMy WebLinkAbout6B (10)� 6 0 6)
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 Central High Associates,
LLC, a Wisconsin limited liability company, dated to be effective December 29, 1995.
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 Central High
Associates, LLC, a Wisconsin limited liability company ( "CHA "), to be effective as of the day
of , 20_.
RECITALS
1k. The Commission and CHA entered into that certain Lease Agreement dated effective
December 29, 1995 pertaining to the lease by CHA of a certain parcel on which the Commission
subsequ(,ndy completed improvements (the "Lease "). The Lease, as amended by the First
Amendment is sometimes referred to herein as the "Amended Lease."
11. The Commission and CHA have agreed to convert the Lease into an easement upon
the term; and conditions set forth in the First Amendment to Parking Agreement entered into by and
between the Commission and CHA (the "First Amendment ").
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which ate 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 , 20L— and recorded on
, 20_ in the Office of the Recorder of St. Joseph
County, Indiana as Instrument No. (the "Easement
Agreement "), (ii) the Amended Lease is hereby converted into an easement
under the terms of the Easement Agreement, and (iii) neither party shall be
able to enforce the terms of the Amended Lease upon recording of this
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)
:N WITNESS WHEREOF, CHA has executed this Agreement to be effective as of the date
first set forth herein above.
STATE OF GEORGIA
COUNT Y OF
CENTRAL HIGH ASSOCIATES, LLC,
a Wisconsin limited liability company
By: Housing Horizons, LLC, a Texas limited liability
company, its Manager
By: r.
Leonard J. Anderson
Vice President and Chief Operating Officer
�✓ tl
ss:
On this day of , 20._, before me, the undersigned,
personally appeared Leonard J. Anderson, 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 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 1 mited liability companies.
In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and
year in nis Certificate first above written.
[SEAL]
My commission expires
-2-
Notary Public in and for said County and State
N 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:
COUNI Y OF ST. JOSEPH )
On this day of , 20_, 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 t its Certificate first above written.
[SEAL]
My commission expires
Notary Public in and for said County and State
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, Charles C. Bissinger, Jr..
This instrument prepared by:
Charles C. Bissinger, Jr.
Vorys, Sater, Seymour and Pease LLP
221 East Fourth Street, Suite 2000
Cincinnati, OH 45202
-3-