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`♦ 1 RELOCATION AGREEMENT THIS AGREEMENT made and entered into as of this day of , by and between INDIANA MICHIGAN POWER COMPANY, an Indiana corporation, a unit of AMERICAN ELECTRIC POWER hereinafter referred to as "I &M ", and CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS hereinafter referred to as "City", WITNESSETH: WHEREAS, City has requested that I &M relocate a portion of a 34.5kV Electric Transmission Lines, known as the Kankakee — Jackson Road 34.5 kV Line and associated Distribution Lines (herein the "Electric Lines "), located on lands owned by City and others, situated in the State of Indiana, City of South Bend, Indiana; and WHEREAS, I &M agrees to relocating said Electric Lines, at City's expense, as approximately shown on Exhibit "A" attached hereto and made a part hereof, at a preliminary estimated cost to City of One Hundred Eight Thousand Three Hundred Thirty -Seven and 00 /100 Dollars ($108,337) as shown on Exhibit "B" and subject to the following terms and conditions: CITY AGREES TO: Pay the actual cost of relocation of the Electric Lines, including all company overheads and expenses associated with said relocation as reasonably determined by I &M before work is completed. 2. Make payment to I &M based on the preliminary costs estimates and the date shown below: Preliminary Cost Estimate: Payment by: $108,337 Total Preliminary Cost Estimate 10/1/2012 If the actual cost of the relocation of the Electric Lines is -less than $108,337, I &M will refund the difference between the actual cost and the total of the deposits identified above to City within sixty (60) days of completion of the project. If the actual cost of the relocation of the Electric Lines is more than $108,337, I &M will bill City for the additional amount owed to I &M upon completion of the project, and City will pay such amount to I &M within sixty (60) days of receipt of such invoice. I &M agrees to provide reasonable supporting documentation to City which substantiates I &M's final costs. 3. Relocate, or have relocated, at its expense, all existing overhead and/or underground utility or other facilities that may interfere with the desired location of the Electric Lines or with pole or guy locations in connection therewith. All final pole, structure, or guy locations shall comply with all applicable clearance and other requirements set forth by American Electric Power, the National Electric Safety Code, City, and other affected utility providers. Restore or reclaim the surface of the land within the boundaries of the Electric Lines easements or elsewhere as required by I &M on City lands and on lands owned by third parties as a result of normal construction practices associated with relocating said Electric Lines. I &M AGREES TO: Obtain any and all permits and applications deemed necessary by any agencies or government bodies, including without limiting the generality of the foregoing, involving the future relocation of the Electric Lines located on City's lands or lands owned by third parties. City will provide all reasonable assistance requested by I &M to secure such permits. I &M shall have no obligation to proceed with any work until all necessary regulatory approval(s) are obtained, and if such approvals cannot reasonably be obtained, then I &M is under no obligation to relocate the Electric Lines, and this agreement shall be null and void. 2. Make all reasonable attempts to complete the preliminary engineering and right of way research of said Electric Lines based on the payment schedule set forth in City Item 2 above, by December 31, 2012 (subject to I &M project priority, I &M work load and advance payment from City).