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

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2 A. For Properties Managed by Board of Park Commissioners, I&M agrees to: 1. Restoration to pre-existing or better condition with full width replacement of asphalt or concrete trail impacted by the Work or immediately adjacent to the Work. 2. I&M agrees to pay City Five Hundred Dollars ($500) per tree, payable to the City Department of Venues, Parks, and Arts, 301 S. St. Louis Boulevard, South Bend, Indiana 46617, within 30 days of commencement of the Work as damages for the removal of approximately 75 to 125 trees with diameter of five (5) inches or greater from the Property in the areas identified on Exhibit D (“Trees”). It is further agreed that City is permitted to decide which stumps from the Trees I&M is required to remove by grinding and which stumps from the Trees City wants to be retained in place. 3. Restoration to pre-existing or better condition any Park Property, fixtures and landscaping, including but not limited to, light posts, bollards, fencing, retaining walls, turf, and signage, damaged by the Work. 4. Ensure all construction materials, tools, barriers, spoils, and other debris related to the Work are removed from the Property and surrounding areas at completion of the Work. B. Areas Managed by Board of Public Works: 1. I&M agrees to reimburse the cost to the City to repair or replace any damage to City License Areas, utility infrastructure and ROW to pre-existing or better condition caused by the Work and/or caused by the construction, installation, operation, maintenance, repair, replacement, upgrading, and removal of any section of Phase I, II and III of the Muessel – Colfax 69 kV Transmission Line Project depicted on Exhibit B. 2. I&M agrees to contact City Permit office to observe all Work taking place at City utility crossings and to provide two (2) days’ prior written notice to City Permit office in order to coordinate the observation. 3. Term and Termination. It is agreed and understood that the term of this Agreement, and the license granted to I&M herein, is perpetual and may only be terminated by City if I&M or its successors in interest commit a material breach under the terms of the Agreement or both I&M and University of Notre Dame have, for a period of twelve (12) consecutive months (except for any period when I&M is either reconstructing the Work or seeking such regulatory approvals as may be required to perform the Work), ceased operation of the Work for its intended purpose. I&M shall provide written notice to City’s Director of Venues, Parks and Arts and City Engineer (or their respective designees) within 180 days of the commencement of any period of 90 consecutive days where I&M ceases operation of the Work for its intended purpose. The City agrees to provide written notice to I&M and the City may, as a courtesy, elect to notify the University of Notre Dame of any material breach (“Notice of Material Breach”) and I&M shall have ninety (90) days to cure the material breach to avoid termination of the Agreement. The City will direct its Notice of Material Breach to I&M’s President/Chief Operating Officer and the University of Notre Dame’s Assistant Vice President, Planning, Design and Construction.