6B (6) - Laserfiche WebLink

Home Browse Search

� 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)