I&M Memorandum of Use and License Agreement - Installation of 69kV Transmission Line – Indiana Michigan Power

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1 I&M MEMORANDUM OF UNDERSTANDING FOR RIGHTS-OF-WAY WORK AND LICENSE AGREEMENT This Memorandum of Understanding For Rights-of-Way Work And License Agreement (this “Agreement”) is made effective April 13, 2021, by and between the City of South Bend, Indiana, by and through its Board of Public Works and its Board of Park Commissioner (hereinafter collectively referred to as the “City”), and Indiana Michigan Power Company, a subsidiary of American Electric Power Incorporated, (hereinafter referred to as (“I&M”) (each a “Party,” and collectively, the “Parties”). RECITALS A. The City owns certain real property located within the City of South Bend, Indiana (the “City”) as listed and described on Exhibit A (collectively referred to hereinafter as the “Property”), incorporated herein by reference and attachment. B. The City has authority over streets, roads, alleys, and other rights-of-ways (“ROW”) as listed and described on Exhibit B, incorporated herein by reference and attachment. C. The City agrees to grant I&M a license for the purpose of installing, operating, maintaining, inspecting, replacing, upgrading, adding to and repairing underground electric transmission, distribution, and communication lines and appurtenant equipment and fixtures, being, in, under, and through the Property (the “Use” or “Work”). The Parties agree the Use or Work subject to the grant of the license by City described in this Agreement shall be contained within and limited to the areas more particularly described and depicted on Exhibit C (collectively referred to hereinafter as the “License Areas”), incorporated herein by reference and attachment. The Parties agree the Use or Work shall be for the benefit of both I&M and the University of Notre Dame. D. The City understands I&M has or will seek access to City ROW for portions of the Work. I&M understands and agrees to secure the required permits and/or approvals from the City for this ROW access. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. License. The City grants to I&M, and its successors in interest, a license to conduct the Work on the City Property in the License Areas. The Work shall, at all times, be conducted in compliance with all applicable state and local laws and regulations, and in a manner reasonably calculated to minimize and avoid disruption to the use and enjoyment of City Property and ROW. 2. I&M Responsibility for Subcontractors. In the event any subcontractor is utilized by I&M for any portion of the Work, I&M retains the responsibility for carrying out all the terms of this Agreement, including the responsibility for performance of its contractors in accordance with the terms of this Agreement.