6B (10) - Laserfiche WebLink

Home Browse Search

� 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)