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HomeMy WebLinkAbout6A(2) Amended Agreement for Easement (WNIT)~`~ ~Z` J AMENDED AGREEMENT FOR EASEMENT THIS AMENDED AGREEMENT FOR EASEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of September, 2009, by and between the SOUTH BEND REDEVELOPMENT COMMISSION (the "Commission" or the "Grantee") and MICHIANA PUBLIC BROADCASTING CORPORATION ("WNIT" or the "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 "Property"). B. WNIT, pursuant to the terms and conditions of this Agreement intends to grant an 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, as modified the 4`" day of September, 2009. 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, as amended, and the Parties intend that each of these Agreements should be read as consistent with and supplementing 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 assigns: The Recitals are incorporated into the operative provisions of this Agreement as if fully set out herein. 2. The Easement granted 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 to the Development Agreement between the parties. 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 for a period of eighteen (18) months from the date this Agreement is executed. 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 the Easement for six (6) consecutive thirty (30) day periods by providing WNIT written notice of the Commission's intent to renew fifteen (15) days prior to the expiration of the original eighteen (18) month term, or any subsequent thirty (30) day renewal. In any event, the Easement shall expire two (2) years from the date of this Agreement unless the Parties agree in writing to an extension. 7. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed consistent with the Development Agreement. IN WITNESS WHEREOF, the parties have caused this Amended Agreement for Easement to be signed in South Bend, Indiana, on the day and year first above written. GRANTOR Michiana Public Broadcasting Corporation By: Its: ATTEST: GRANTEE South Bend Redevelopment Commission By: Marcia Jones Its: President By: By: Its: Its: ATTEST: 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 and Nancy King, President and Secretary, respectively, of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Amended Agreement for Easement. In witness whereof, I have hereunto subscribed my name and affixed my official seal, this day of September, 2009. My commission expires: STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Notary Public Residing in St. Joseph County Before me, the undersigned, a Notary Public in and for said County and State, personally appeared and and of the Michiana Public Broadcasting Corporation and acknowledged the execution of the foregoing Amended Agreement for Easement. In witness whereof, I have hereunto subscribed my name and affixed my official seal, this day of September, 2009. My commission expires: Notary Public Residing in St. Joseph County This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1400 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, (574) 235-9294. 1 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. Lawrence J. Meteiver. EXHIBIT A Property PARCEL 1: APART 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 00°14'47" EAST, 132.00 FEET TO THE SOUTHEAST CORNER OF LOT 398 OF SAID SUBDIVISION; TI-JENCE RUNNING PARALLEL TO TI-IE CENTERLINE OF JEFFERSON BLVD. SOUTH 89°52'42" 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°14'47" 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°52'42" EAST, 165.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.500 ACRES MORE OR LESS. PARCEL 2: APART 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° 14'47" 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°52'42" 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 1 OF SAID SUBDIVISION; THENCE RUNNING ALONG SAID RIGHT-OF-WAY LINE NORTH 89°52'42" 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 l2, 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 00°]4'47'' EAST, ]31.44 FEET; THENCE RUNNING SOUTH 89°52'42" WEST, 2.75 FEET; THENCE NORTH 00°09' 19" WEST. 1 l 2.02 FEET; THENCE SOUTH 89°52' 17" EAST, 21.50 FEET; THENCE NORTH 00°19' 19'' WEST, 17.12 FEET; THENCE SOUTH 89°52' l 7" WEST, 59.91 FEET: THENCE SOUTH 00°09' 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°52' 17'~ WEST, 40.91 FEET; THENCE NORTH 00°14'47" WEST, 2.32 FEET; THENCE NORTH 89°52'42" EAST, 165.00 FEET TO THE POINT OF THE BEGINNING, CONTAINING 0.0177 ACRES MORE OR LESS.