Maintenance & Temporary Construction Easement Agreement - SB Riverwalk Partners, LLC - Signed

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1. Recitals. The foregoing recitals are hereby affirmed by Grantor and Grantee as true and correct, and each such recital is incorporated herein by this reference. 2. Grant of Easements. a. Maintenance Easement. Grantor hereby grants, bargains, sells and conveys to Grantee, and its employees, agents and contractors, successors and assigns a permanent, non-exclusive easement (the "Maintenance Easement") over, under, across and through the portion of Grantor's Property being more particularly depicted and described on Exhibit C (the "Maintenance Easement Area") for the purposes of accessing, maintaining, repairing, and/or replacing the Grantee Project, including the maintaining the encroachment of any building footers, or any part thereof and any work related thereto, and may include, without limitation window washing, painting, caulking, and maintaining a retaining wall. b. Temporm Construction Easement. Grantor hereby grants, bargains, sells and conveys to Grantee and Grantee's agents, contractors, and subcontractors, a temporary construction easement (the "Construction Easement", together with the Maintenance Easement, the "Easements") over, upon, under and through the portion of Grantor's Property being more particularly depicted and described on Exhibit D (the "Construction Easement Area"; together with the Maintenance Easement Area, the "Easement Areas") for the purpose of accessing and constructing the Grantee Project including constructing the building footers. This temporary construction easement shall remain in effect until the earlier of (a) the date of Substantial Completion by Grantee of Grantee's Project, or (b) the date that is five (5) years after the effective date of this Agreement. As used herein, "Substantial Completion," "Substantially Completed," and any derivations thereof mean such work is completed in substantial accordance with Grantee's development plans and all laws, and the City of South Bend, Indiana has issued a certificate of occupancy to Grantee for the Grantee Project. 3. Construction of Grantee Project. a. Construction Activities. Grantor acknowledges and agrees Grantee shall be entitled to interrupt access to portions of Grantor's Property during the construction of the Grantee Project. However, to the extent it is necessary that the sidewalk segment of the Grantor's property becomes obstructed during a portion of the construction or maintenance work, such obstruction shall only exist for as long as reasonably required to complete the portion of the construction or maintenance work requiring the obstruction. Grantee shall Substantially Complete or cause the Substantial Completion of the construction of the Grantee Project within four (4) years following the commencement of construction of the Grantee Project, subject only to Force Majeure (defined below). 2