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04-25-13
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up to $20,000.00 in costs to re- locate any temporary structures located on the <br />Premises. The City's contribution shall be established by the lesser of two quotes <br />for the relocation of any temporary structures located on the premises at the time <br />the City serves notice of its intent to terminate this Agreement. In performing <br />such removal, unless otherwise directed by the City, Unity Gardens shall restore <br />the Premises to the same condition as existed prior to the placement of the <br />Garden, reasonable wear and tear excepted. In the event Unity Gardens shall fail <br />to so remove the Garden or restore the Premises, the Garden shall be deemed to <br />have been abandoned by Unity Gardens, and the same shall become the property <br />of the City for the City to use, remove, destroy or otherwise dispose of at its <br />discretion, and without responsibility for accounting to Unity Gardens therefor; <br />provided, however, in the event the City elects to remove the Garden, the City, in <br />addition to any other legal remedy it may have, shall have the right to recover <br />from Unity Gardens all costs incurred in connection with such removal and <br />restoration of the Premises. Notwithstanding anything to the contrary contained <br />in this Agreement, the termination of this Agreement shall not relieve Unity <br />Gardens from Unity Gardens' obligations accruing prior to the termination date, <br />and such obligations shall survive any such expiration or other termination of this <br />Agreement. Unity Gardens shall be free to contract with AEP, at the expense of <br />Unity Gardens, for the provision of electrical service to the premises. City agrees <br />to execute any easement documents necessary or required by AEP for the physical <br />installation of such service. <br />3. All other terms and conditions of the Agreement not inconsistent with this <br />Amendment shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties have signed this Amendment to Temporary Use <br />and License Agreement on the date and year written above. <br />SARA TEW T, RN, MSN CITY OF SOUTH BEND, <br />DEPARTMENT OF REDEVELOPMENT <br />i <br />� MS <br />l8na � gnolurc <br />Printed Name and Title <br />South Bend Redevelopment Commission <br />ATTEST: <br />Signature <br />Printed ame and Ife <br />South Bend Redevelopment Commission <br />-2- <br />
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