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HomeMy WebLinkAbout6. C (2) Easement with WNITC o m m u n i t y & E c o n o m i c l (-, (A) e D e v e I o p n e n t 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 4660 1 -1 830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: Jennifer Laurent Subject: Michiana Public Broadcasting Easement Agreement; Interagency Agreement between Commission and Board of Public Works Date: January 13, 2009 On December 5 "i, the Commission approved a development agreement with Michiana Public Broadcasting Corporation (WNIT) advancing a concept for relocation of their studios from the current facility in Elkhart to the WSBT building at 300 W Jefferson (across the street). The contract outlined the Commission's participation in construction of a new exterior and public lobby area of the building, and contemplated two additional actions necessary on the Commission's part to complete this scope of work — a temporary easement, and an interagency agreement between the Commission and the Board of Works to bid and direct the construction activity. The Commission will acquire a temporary easement for a portion of the property containing the exterior fa4ades along Jefferson and Lafayette as well as the corner where the three story atrium lobby will be located. Your separate approval is recommended. To Commission re Easement Agr.doc What We Do Today Makes A Dffference! AGREEMENT FOR EASEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of January, 2009, by and between the SOUTH BEND REDEVELOPMENT COMMISSION ( "Commission ") ("Grantee ") and MICHIANA PUBLIC BROADCASTING CORPORATION ( "WNIT ") ("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 "Propert} ). B. WNIT, pursuant to the terms and conditions of this Agreement, intends to grant an easement (the "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 ( "Development Agreement"). 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, and it is intended by the Parties that each of these Agreements should be read as consistent with 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 assilms: 1. The Recitals are incorporated into the operative provisions of this Agreement as if fully set out herein. 2. The Easement ranted 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 and according to the terns of the Development Agreement. 4. The Easement granted herein includes incidental rights of maintenance, repair and replacement. 5. The Easement and all interests and rights created hereby are, and shall remain, non - exclusive and subject to use of the Property by Grantor and its successors and assigns in any manner not inconsistent with the rights of Grantee created herein. 6. The Easement, rights, and privileges are granted hereunder will terminate on the 7 °i day of August, 2009. However, so long as the construction contemplated by the Commission is not complete, and the Commission is proceeding to complete it, the Commission shall have an option at its discretion to renew and extend the Easement for six (6) consecutive thirty (30) day periods by providing WN1T written notice of the Counnission's intent to renew fifteen (15) days prior to the expiration of the original term, or any subsequent thirty (30) day renewal. In any event, the Easement shall expire one (1) year from the date of the Development Agreement, unless the Parties agree in writing to an extension. 7. This instrument, incorporating the Development Agreement, contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in South Bend, Indiana, on the day and year first above written. Michiana Public Broadcasting Corporation South Bend Redevelopment Commission By: By: Marcia Jones Its: Its: President ATTEST: ATTEST: By: By: Its: Its: THIS INSTRUMENT PREPARED BY: Richard A. Nussbaum, II, Attorney at Law, 5th Floor Plaza Building, 210 S. Michigan St., P.Q. Box 300, South Bend, Indiana 46624. Gibney WNIT casemenIAGR.doc 12 12 08 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Marcia Jones, President of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Agreement for Easement. In witness whereof, I have hereunto subscribed my name and affixed my official seal, this day of '200 My commission expires: , Notary Public Residing in St. Joseph County STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared of the Michiana Public Broadcasting Corporation and acknowledged the execution of the foregoing Agreement for Easement. In witness whereof, I have hereunto subscribed my name and affixed my official seal, this day of 200 My commission expires: , Notary Public Residing in St. Joseph County The foregoing Agreement for Easement is hereby hereby accepted by the South Bend Redevelopment Commission, this _ day of 200 EXHIBIT A Property PARCEL I: A PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF JEFFERSON BLVD., AND THE WEST RIGHT -OF -WAY LINE OF LAFAYETTE ST., ALSO BEING THE NORTHEAST CORNER OF LOT 397 OF THE "ORIGINAL TOWN' PLAT OF SOUTH BEND, THENCE RUNNING ALONG THE WEST RIGHT -OF -WAY LINE OF LAFAYETTE ST. SOUTH 00014'47' EAST, 132.00 FEET TO THE SOUTHEAST CORNER OF LOT 398 OF SAID SUBDIVISION; THENCE RUNNING PARALLEL TO THE CENTERLINE OF JEFFERSON BLVD. SOUTH 89 052'42" WEST, 165.00 FEET TO THE SOUTHWEST CORNER OF LOT 398 OF SAID SUBDIVISION; THENCE RUNNING PARALLEL TO THE CENTERLINE OF LAFAYETTE ST. SOUTH 00 014'47° EAST. 132.00 FEET TO THE NORTHWEST CORNER OF LOT 397 OF SAID SUBDIVISION; THENCE RUNNING ALONG THE SOUTH RIGHT -OF -WAY LINE OF JEFFERSON BLVD. NORTH 89 052'42" EAST, 165.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.500 ACRES MORE OR LESS. PARCEL 2: A PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF .JEFFERSON BLVD., ALSO BEING THE NORTHEAST CORNER OF LOT 3 OF ,JOHNSON'S TWO ACRES SUBDIVISION; THENCE RUNNING ALONG THE EAST LINE OF SAID LOT 3 SOUTH 00 014'47" EAST, 198.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUNNING ALONG THE NORTH LINE OF A 14 FOOT WIDE PUBLIC ALLEY PARALLEL WTO THE CENTERLINE OF JEFFERSON BLVD. SOUTH 89 052'42" WEST, 90.75 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF LOT 4 IN BLOCK 4 OF WILLIAM S. VAIL'S ADDITION TO SOUTH BEND: THENCE NORTH 00 °14'47' WEST. 198.00 FEET TO THE SOUTH RIGHT -OF -WAY OF JEFFERSON BLVD., ALSO BEING THE NORTHWEST CORNER OF THE EAST HALF OF LOT I OF SAID SUBDIVISION; THENCE RUNNING ALONG SAID RIGHT -OF -WAY LINE NORTH 89052'42' EAST. 90.75 FEET TO THE POINT OF BEGINNING. CONTAINING 0.412 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. EXHIBIT B Easement Property A PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY.. INDIANA DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF JEFFERSON BLVD. AND THE WEST RIGHT OF WAY LINE OF LAFAYETTE ST., ALSO BEING THE NORTHEAST CORNER OF LOT 397 OF THE "ORIGINAL TOWN" PLAT OF SOUTH BEND: THENCE RUNNING ALONG THE WEST RIGHT -OF -WAY LIME OF LAFAYETTE ST. SOUTH 00 014'47" EAST, 131.44 FEET: THENCE RUNNING SOUTH 89 °52'42" WEST. 2.75 FEET: THENCE NORTH 00009'19" WEST. 112.02 FEET. THENCE SOUTH 89'52'17" EAST, 21.50 FEET: THENCE NORTH 0001919 " WEST, 17.12 FEET: THENCE SOUTH 89 °52'17" WEST, 59.91 FEET: THENCE SOUTH 00009'19" EAST. 1.46 FEET: THENCE SOUTH 89'52'17-' WEST, 40.14 FEET. THENCE NORTH 00 °09'19" WEST, 1.46 FEET: THENCE SOUTH 89 053'17° WEST. 40.91 FEET: THENCE NORTH 00 °14'47" WEST. 2.32 FEET: THENCE NORTH 89 052'42" EAST, 165.00 FEET TO THE POINT OF THE BEGINNING, CONTAINING 0.0177 ACRES MORE OR LESS.