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approved and executed by all of the Property Owners or their successors in interest and must be <br />approved in writing by the City of South Bend to be effective, <br />4. Property Owners agree to make the necessary improvements to their respective <br />properties to allow the ingress and egress as set forth herein within a reasonable time after the <br />creation of the cross access easements set forth in this Agreement, <br />5. Property Owners agree to maintain the easement area that will be located in its <br />property in a reasonable manner and at their sole expense, including the construction of a new <br />driveway and curbs as reasonably necessary. Property Owners hereby agree to remove any <br />sidewalks, curbs and other right of way improvements (excepting any utility, sewer, or water <br />improvements) in the Vacated Area that are no longer necessary, in the opinion of all of the <br />Property Owners, and replace them with landscaping, including topsoil, sod and other <br />appropriate forms of landscaping in the opinion of the Property Owners, and the Applicant shall <br />be solely responsible for constructing or otherwise providing for any improvements required by <br />the Board but may seek indemnification from the Property Owners for the cost related to such <br />improvements for their pro-rata share (which each pro-rata share determined by each Property <br />Owner's portion of the total frontage along the Vacated Area). <br />6. Any violation or breach of this .Agreement shall be considered a breach and any <br />Property Owner shall have the authority to enforce this Agreement in any manner permitted by <br />law. <br />7, This Agreement to create a cross access agreement shall be recorded immediately <br />after executed by the Property Owners and acknowledged by the Board. <br />8. Any Property Owner executing this Agreement on behalf of another person or <br />entity hereby certifies that he or she is duly authorized to approve and execute this Agreement <br />and behalf of said person or entity. <br />9. This Agreement may be executed in counterpart signature pages, and an executed <br />Exhibit B of this Agreement by an Adjacent Owner shall be considered a binding counterpart <br />signature page. <br />10, The Applicant shall insure that the Agreement is recorded in a manner so as to <br />cross-reference all of the deeds of record or the most recent plat for the Adjacent Properties. <br />3 <br />