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Home My WebLink AboutRDC Agreement for Access Easement with 1011 LLC 05.26.16ACCESS EASEMENT AGREEMENT This Access Easement Agreement (this "Easement") is made and entered into as of May 26, 2016 (the "Efective Date"), by and between the South Bend Redevelopment Commission, govering body of the City of South Bend Department of Redevelopment (the "Commission"), and 1011 LLC, an Indiana limited liability company with its registered offce at 1011 S. Main St., South Bend, Indiana 46544 (the "Company"). RECITALS A.Commission owns in fe simple certain real property located within the River West Development Area of the City of South Bend, Indiana (the "City"), as described and approximately depicted in attached Exhibit A (the "Easement Parcel"). B.Company owns in fe simple the real property described in attached Exhibit B (the "Company Parcel"), which abuts the Easement Parcel along the Easement Parcel's easter boundary. C.Company desires to obtain fom Commission an easement fr access over the Easement Parcel to the Company Parcel, and Commission has agreed to grant the same on the terms and conditions stated in this Easement. NOW, THEREFORE, fr valuable consideration, the receipt and suffciency of which are hereby acknowledged, Commission and Company, agree as fllows: 1.Grant of Easement to Company. Commission hereby grants to Company a non- exclusive, temporary easement fr the fllowing limited purposes: (a) fr vehicular ingress and egress over and across the Easement Parcel to and fom the Company Parcel by Company and its agents, contractors, employees, and tenants; and (b) fr Company's installation, use, and maintenance of a crushed gravel driveway and a concrete curb cut and approach in the public right-of-way and/or on the Easement Parcel (the "Permitted Improvements") fr vehicular access fom the Company Parcel over the Easement Parcel and onto Lafyette Boulevard, provided that the City has frst approved Company's plans fr installing any such elements. The parties agree that Company will have no right under this Easement to install improvements of any kind on the Easement Parcel other than those specifcally permitted in the preceding sentence. 2.Termination. Commission may terminate this Easement at any time with or without cause by giving Company written notice of termination. 3.Maintenance; Restoration. Company will, at its sole expense, maintain and repair the Easement Parcel and any Permitted Improvements made by Company upon or abutting the Easement Parcel (including in the public right-of-way along Lafyette Boulevard) in accordance 1 with its rights under Section 1 above. In the event Company disturbs or damages any part of the Easement Parcel or the public right-of-way along Lafayette Boulevard in the course of installing the Permitted Improvements, Company will promptly restore such areas to substantially the same condition that existed immediately prior to such installation. In addition, within sixty (60) days after receiving a notice of termination fom Commission in accordance with Section 2 above, Company, at its sole expense, will (a) remove any and all Permitted Improvements installed by the Company, (b) restore the Easement Parcel to its condition that existed on the Efective Date of this Agreement, and (c) restore the sidewalk and curb along Lafayette Boulevard to the same condition that existed befre Company's installation of the curb cut and approach. Company agrees to complete all of the fregoing restoration work to the City's satisfction, as determined in the City's sole and absolute discretion. In the event Company fails to preserve the Easement Parcel or the Permitted Improvements at all times in good condition and repair, Commission or the City may, at its option, incur costs and expenses to maintain and repair the Easement Parcel or the Permitted Improvements, which costs and expenses Company will pay promptly upon the written demand of Commission or the City, as the case may be. 4.Clear Path of Travel. Commission and Commission's agents and employees will place no permanent structures in, on, or over the Easement Parcel that will obstruct or interfre with the Company's use of the Easement without Company's prior consent. 5.Ownership. Commission represents and warrants that it is lawfully seized of the Easement Parcel, that it has full right and power to grant the Easement, and that the Easement Parcel is fee fom all encumbrances, except any matters of record. 6.Hazardous Materials. The Company shall not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted upon the Easement Parcel or the Permitted Improvements. 7.Indemnifcation; Insurance. Company shall indemnify and hold Commission harmless fom and against any and all claims resulting fom damage to any property upon the Easement Parcel or inury to any person upon the Easement Parcel or the Permitted Improvements. In addition, Company will maintain commercial general liability insurance coverage in the minimum amount of at least $5,000,000 per occurrence and will designate the Commission and the City as additional insureds under any such policy of insurance. Promptly following the Efective Date of this Easement, Company will produce to Commission a certificate of insurance evidencing the same. 8.Reservation of Rights. Commission reserves fr itself the fee use of the Easement Parcel in any manner not inconsistent with the terms of this Easement. 9.Covenant Running with the Land. Commission and Company intend that each of the rights and obligations set frth herein shall run with the land and create equitable servitudes burdening the Easement Parcel and benefitting the Company Parcel, shall bind every person having any fee, leasehold, or other interest therein, and shall inure to the burden or beneft of the respective parties and their successors, assigns, heirs, and personal representatives. 2 10.Recording. This Easement, as well as any instrument releasing or terminating the Easement, shall be duly recorded in the Offce of the Recorder of St. Joseph County, Indiana, and all recording fes will be paid by Company. 11.Governing Law. This Easement shall be governed and construed in accordance with the laws of the State of Indiana. [Signature pages follow.] 3 IN WITNESS WHEREOF, the parties have signed this Access Easement Agreement to be efective as of the Efective Date. STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) SOUTH BEND REDEVELOPMENT COMMISSION Marcia I. Jones, President ATTEST Donald E. Inks, Secretary Befre me, a Notary Public in and fr said County and State, personally appeared Marcia I.Jones and Donald E. Inks, President and Secretary, respectively, of the South Bend Redevelopment Commission, and acknowledged the execution of the fregoing Access Easement Agreement. WITNESS my hand and seal this __ day of __ , 2016. My Commission Expires: Resident of County, Indiana ------ 4 Notary Public (Printed Name) ST ATE OF I V t ( I COUNTY OF� � � ) SS: ) 1011 LLC, an Indiana limited liability company By:� Printed: H " �l( \ $v Its: M��.v Before �ef a Notary Public in and for said County and State personally appearedM (I J� as / /� f' f@ rb for 1011LLC, an Indiana limited liability company, and acknowle ged the execution of the foregoing Access Easement Agreement for and on behalf of said company, having been authorized to do so. -fWITNESS my hand and seal this 1 day of�, 2016. My commission expires: Notary Public Resident of g JD�h CountyL� U Ql eName of Notary This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Benjamin J. Dougherty. 4000.0000080 36011433.002 5 EXHIBIT A Description of Easement Parcel A parcel of real property located in the City of South Bend, Indiana, and commonly known as 920 Lafyette Boulevard [Parcel Key Number 018-8001-0006] EXHIBITB Description of Company Parcel A parcel of real property located in the City of South Bend, Indiana, and commonly known as 921-1011 Main Street [Parcel Key Numbers 018-8001-0017, 018-8001-0021, and 018-8001- 0022]