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<br />TEMPORARY EASEMENT
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<br />THIS TEMPORARY EASEMENT (this “Easement”) is made and entered into on November 8,
<br />2022 between City of South Bend, by and through its Board of Public Works, owners of property with an
<br />address at V/L Orchid, South Bend, IN 46619 (“Grantor”), and NORTHERN INDIANA PUBLIC
<br />SERVICE COMPANY LLC, an Indiana limited liability company, with offices and an address at 801 East
<br />86th Avenue, Merrillville, IN 46410 (the “Grantee”) (collectively hereinafter referred to as "Parties").
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<br />RECITALS
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<br />WHEREAS, Grantor is the owner of that certain real property located in, St. Joseph County,
<br />Indiana, as Parcel ID(s) 71-08-17-254-001.000-026 as shown on Exhibit A attached hereto and incorporated
<br />herein by reference (the “Property”); and
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<br />WHEREAS, the Grantee desires to use a portion of the Property as a temporary construction area for an
<br />electric project and desires to use the area for staging equipment, material and other construction activities.
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<br />TEMPORARY EASEMENT
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<br />NOW THEREFORE, for and in consideration of the foregoing premises and of the performance
<br />of the promises and covenants set forth herein, the Parties agree as follows:
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<br />1. Grantor grants to Grantee, its contractors, employees, agents and invitees the right,
<br />privilege and license without any warranty or representation of any kind or nature and only to the extent
<br />Grantor title permits and subject to the terms set forth herein, to temporarily use that certain portion of the
<br />Property , as depicted in Exhibit A attached hereto and incorporated by reference (the “Temporary Easement
<br />Area”), for staging equipment, material and other construction activities (the “Work”). Grantee shall not
<br />have the right to stage equipment on adjoining lands of Grantor without first obtaining Grantor's prior
<br />written approval. The Grantor understands Grantee has or may seek access to City rights-of-ways ("ROW")
<br />for portions of the Work. Grantee understands and agrees to secure the required permits and/or approvals
<br />from the City of South Bend for this ROW access.
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<br />2. The term of this Easement shall be twelve (12) months, commencing on the date Grantee
<br />notifies Grantor that the Work is scheduled to begin (the “Term”). Grantee shall have the option to extend
<br />the Term, on a month-to-month basis at a rate of $100.00 per month upon thirty (30) day written notice to
<br />Grantor.
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<br />3. Grantee, and its officers, agents, employees and invitees, shall not alter or permanently
<br />damage the Property or Temporary Easement Area, including, but not limited to removal of trees upon
<br />expiration of the Term. Grantee shall repair any damage or disruption to the Temporary Easement Area at
<br />its sole expense and restore it to the extent reasonably possible to the same or better condition the Temporary
<br />Easement Area was immediately prior to the commencement of the Work. Grantor will notify Grantor
<br />promptly upon completion of restoration, so as to provide Grantor with sufficient time to inspect and
<br />provide written notice of its acceptance of the restoration of the Temporary Easement Area.
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<br />4. Grantee shall pay Grantor within thirty (30) days of the commencement of the Work, the
<br />sum of Five Hundred Dollars ($500.00) as consideration for this Easement.
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<br />5. The Grantee shall and will indemnify and save the Grantor harmless from and against
<br />any and all damage, injuries, losses, claims, demands or costs resulting directly by the fault, culpability, or
<br />negligence of the Grantee in the use of the Temporary Easement Area, except to the extent any damage,
<br />injuries, losses, claims, demands or costs are caused by the negligence of Grantor, its employees, agents,
<br />invitees or contractors.
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<br />6. All labor provided and materials furnished in using the Temporary Easement Area shall be at
<br />Grantee’s sole cost and expense. Grantee shall comply with all laws, rules, and regulations applicable to
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