Easement Nos. 63 & 65 - Two (2) Parcels Ponader Park for Electric – American Electric Power

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#2981052v5 AEP agrees to repair or pay the Grantor for actual damages sustained by Grantor to trees, shrubs, decorative plantings, crops, fences, gates, irrigation and drainage systems, drives, or lawns that are permitted herein, when such damages arise out of AEP's exercise of the rights herein granted. AEP agrees to pay Grantor Five Hundred Dollars ($500.00) per tree, payable to the City of South Bend, 227 W. Jefferson Blvd., South Bend, IN, within thirty (30)days of commencement of Work in the Easement Area as damages for the removal of any trees with a diameter of five (5) inches or greater within the Easement Area (“the Trees”). It is further agreed that the City is permitted to decide which stumps from the Trees AEP is required to remove by grinding and which stumps from the Trees the City wants to be retained in place, if any. The Parties acknowledge that AEP’s use of the Easement Area may involve Work resulting in disturbance and damage to the City property within and adjacent to the Easement Area. AEP agrees that at its sole expense, it shall restore the City property to the same or better condition than existed immediately prior to AEP’s use, with the exception of structures installed within the scope of AEP’s Work. AEP will notify the City promptly upon completion of restoration, so as to provide the City with sufficient time to inspect and provide written notice of its acceptance of the restoration for each portion of the Property used. AEP agrees that full or partial closure and/or loss of use and enjoyment of the Property managed by the City’s Board of Park Commissioners, for a period in excess of 90 consecutive days, would result in harm to the City. AEP acknowledges that, if the Work consisting of AEP’s initial construction and installation of its facilities within the Easement Area which requires full or partial closure of the Property (“Initial Work”) is not completed within 90 days after the date the Initial Work is commenced, the City may assess a $500.00 per day Property use fee for each day after the 90th day until the Initial Work is complete. Notwithstanding the foregoing, the City agrees that (1) AEP’s initial tree clearing and clean-up work will not trigger commencement of the 90-day period for completing the Initial Work, and (2) days where AEP is prevented from performing the Initial Work due to circumstances beyond AEP’s reasonable control will not count toward the 90-day period. Prior to commencing the Initial Work, AEP will provide the City with written notice confirming the Initial Work start date. At all times during the performance of the Work, AEP agrees to conduct the Work in a manner consistent with keeping the Easement Area in good order and condition and free of debris. During times of construction, maintenance of traffic and any other signage and barriers must be checked regularly to ensure adequate safety zones and public paths are maintained. Except in cases of an emergency, AEP and its subcontractors must notify the City, by and through its Director of Venues, Parks & Arts (or his designee), a minimum of forty-eight (48) hours prior to any scheduled maintenance work. AEP recognizes and acknowledges that the City may seek, in the future, to improve the Easement Area for the use, enjoyment and benefit of City’s residents and visitors. AEP