Project Agreement - University of Notre Dame du Lac and FREG Stephenson Mill Assoc.

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by the Replacement 26 Parking Spaces depicted on Exhibit F-2 attached hereto. Prior to the commencement of the University Project, the University will, at its sole cost and expense, build a "one-way" (from south to north) exit drive on the East side of the Property in the location depicted on Exhibit G attached hereto (the "East Drive") to allow for a more efficient flow of vehicle traffic with entry into the Property from Colfax Avenue and exit from the Property using the East Drive. The East Drive shall not be used by any construction vehicles, garbage trucks, or construction staff, or any large vehicles and is intended by the used only for non-commercial light -weight vehicles typically owned by residents, guests, vendors and invitees of the Property. FREG Stephenson will be responsible for general winter care of the East Drive including, but not limited to, snow removal and salting, but in no event shall FREG Stephenson by responsible for filling of any pot holes, patching, resealing or other such costs. FREG Stephenson agrees to execute a temporary easement or other document reasonably acceptable to FREG Stephenson allowing reasonable modifications to sidewalks and landscaping to facilitate construction of the East Drive as well as vehicular access on both the east and west sides of the Property during the Project; provided, however, that promptly after completion of the Project, the University shall, at its sole cost and expense, be responsible for the removal of the East Drive and the restoration of the area comprising the East Drive and other surrounding areas (including any modifications made to the west side of the Property) to its prior condition including, but not limited to, sidewalks and landscaping. The obligations of this section shall survive shall the Closing or any termination of this Agreement. 3. Pursuant to City Board of Public Works Resolution No. 73-2016 and Section 20-3(a)(2) of the City Code of Ordinances, the City has established temporary parking along Colfax Avenue. The City agrees to designate and mark 12 parking spaces on E. Colfax Avenue as "Residential Permit Parking" (or similar designation as provided by City) and depicted on Exhibit E attached hereto solely for the use and benefit of the residents of FREG Stephenson during the term of the Project. The City will ticket parking violators in the course of its regular parking enforcement efforts. If parking violators become a chronic problem, then FREG Stephenson shall have the right to have any parking violators towed at such owner's expense and the City shall cooperate with FREG Stephenson to select a pre -approved tow company that will perform such services upon FREG Stephenson's request. B. Property Fa Madc Maintenance 1. The construction associated with the University Project and the City Project are not expected to create significant dust or dirt from the Project worksite. Notwithstanding the foregoing, an initial assessment of the condition of the Property's building fagade has been performed by Keller Engineering, Inc. ("Keller") and is set forth on Exhibit 1- attached hereto (the "Initial Asscsstnent"). Within thirty (30) days of the completion of the University Project by the University and within thirty (30) days of the completion of the City Project by the City, the same inspector that