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1 <br />MEMORANDUM OF UNDERSTANDING <br />This Memorandum of Understanding (“MOU”) is entered into by and between AEP <br />Indiana Michigan Transmission Company, Inc. (“AEP”), an Indiana corporation, being a <br />unit of American Electric Power, with a principal place of business of One Riverside <br />Plaza, Columbus, OH 43215,, and the Civil City of South Bend (the “City”), 227 W. <br />Jefferson Blvd., South Bend, Indiana 46601, by and through its Board of Public Works. <br />RECITALS <br /> <br /> WHEREAS, AEP seeks to acquire an easement on certain real property located in <br />St. Joseph County, Indiana, located at the northwest corner of Kern Road and Michigan <br />Street (Tax ID No. 71-13-02-226-023.000-002), owned by JAI Jagdish, Inc., and described <br />and approximately depicted in Exhibit 1 (the “Property”); <br /> <br />WHEREAS, the City, through its Board of Public Works, owns a right-of-way <br />(“R/W Area”) as approximately depicted in Exhibit 4, and holds two easements, attached <br />hereto as Exhibit 2 (collectively, the “City Easement”), and depicted in Exhibit 3, for the <br />use of a sewer system, water line, and related facilities on the Property; <br /> <br />WHEREAS, the easement AEP seeks to acquire on the Property is identified in <br />Exhibit 5 (the “AEP Easement”); <br /> <br />WHEREAS, a portion of the AEP Easement overlaps with the City Easement as <br />depicted in Exhibit 6 (the “Overlap Area”); <br /> <br />WHEREAS, AEP’s facilities have been built on the Property and in the R/W Area <br />as approximately depicted on Exhibit 7; and, <br /> <br />WHEREAS, the City has no objection to AEP’s acquisition of the AEP Easement, <br />and AEP and the City desire to enter into this MOU to document their agreement <br />regarding the use of the City Easement and of the AEP Easement. <br /> <br />MOU <br /> <br />NOW, THEREFORE, in consideration of the mutual promises and representations <br />set forth below, and the Recitals set forth above, which are understood to be terms of this <br />MOU, AEP and the City agree as follows: <br /> <br />1.0 Overlap Area <br />With regard to the Overlap Area, AEP understands and agrees that AEP has only aerial <br />easement rights in the Overlap Area, which rights are limited to the installation, <br />maintenance, and repair of overhead wires, conductors, cables, and appurtenant