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("A(�) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement') is entered into as of the day of , 20_, 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 Recitals: 'WHEREAS, CHA is the owner in fee simple of that certain real property described in Exhibit A attached hereto and made a part hereof (the "CHA Property' ). 'WHEREAS, the Commission is the owner in fee simple of that certain real property described in Exhibit B attached hereto and made a part hereof (the "Commission Propert y" or the "Easement Area "). `WHEREAS, the Commission and CHA entered into that certain Agreement to Lease (as amended, the "Parking Lease ") dated to be effective December 29, 1995 whereby CHA leases from the Commission the Commission Property and improvements thereon for use as parking facilities, for the multifamily housing project located on the CHA Property. `WHEREAS, pursuant to the First Amendment to the Parking Lease, CHA desires to obtain from the Commission, and the Commission desires to grant to CHA an exclusive and perpetual easement (the "Easement ") for ingress, egress and parking purposes over and across the Commission Property for the benefit of the CHA Property subject to and in accordance with this Agreement. Statement of Agreement: 14OW THEREFORE, in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CHA and the Commission agree as follows: 1. Grant by the Commission; Annual Payments by CHA. 1.01 Grant by the Commission. Subject to the terms of this Agreement, the Commission hereby grants and conveys to CHA, its successors and assigns, and its tenants, employees, agents, guests and invitees of each (collectively, "Permittees "), a perpetual, exclusive easemer t (the "Easement") to use the Commission Property, all improvements thereon and all appurtenances, rights, privileges, interests, tenements, hereditament and easements in any way now or hereafter belonging or appertaining thereto, including any right, title or interest of the Commission in and to any property as a result of the vacation or abandonment of all or any part of any alley, street, road or highway adjacent to, or any public rights of way in, the Commission Propert), together with any interest that the Commission may now or hereafter have in any and all buildings, structures and improvements that may now or hereafter be erected thereon for any