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Grantee agrees to restore the areas disturbed by its work to a condition as good or better than <br />the original condition consistent with the curb and sidewalk construction. In the event of any <br />damage to the building fascia through a negligent or intentional act of the Grantee or any of its <br />agents or contractors, Grantee shall be responsible for repairs 4 within a reasonable time after notice <br />of the damage. <br />Grantee agrees to take photographs of the North fascia of the building on this real estate prior <br />to construction and to provide a copy of such photographs to Grantor upon request. <br />Grantor reserves the right to use and occupy the surface area on or over the temporary <br />easement during the period of construction provided that said use and occupancy does not in any way <br />conflict or obstruct the Grantee's right to use said surface for the purposes and intentions herein <br />above expressed. <br />The rights granted by this indenture shall terminate upon the Grantee's completion of the <br />construction of curb and sidewalk, but in no case later than November 30, 2002. <br />IN WITNESS WHEREOF, said Grantor has executed this Grant of Temporary Construction <br />Easement on the date shown in the acknowledgment set forth herein. <br />GRANTEE: <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />Gary A. Gilot, President <br />Carl P. Littrell, P.E. <br />Donald E. Inks, Member <br />ATTEST: <br />GRANTOR: <br />DMHOLDING LLC <br />OWNER <br />DM Holding LLC , Owner <br />a to <br />.i <br />on <br />eta <br />w <br />M <br />MO <br />@ <br />.. <br />nEnc, <br />m <br />OL�7• <br />N <br />�0 <br />` <br />e <br />@ <br />c r- <br />xa <br />w <br />--3 x <br />.. <br />N <br />L9 <br />) <br />m <br />W <br />