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Beginning at the Southwest corner of said Lot 41 and the intersection of the North <br />right-of-way line of Jefferson Boulevard and the East right--of-way line of Michigan <br />Street; thence North 00000'00" East along said East right-of-way line99.18 feet; <br />thence North 89' 57' 56" East, 165.19 feet to a point on the East line of said Lot 42; <br />thence South 00°00'00" West along the East line of said Lots 41 and 42, 99.07 feet <br />to the Southeast comer of said Lot 41 and the North right-of-way line of Jefferson <br />Boulevard; thence South 89°55'39" West along said North right-of-way line and <br />South line of said Lot 41, 165.19 feet to the point of beginning. <br />Containing 16,374.56 square feet more or less. <br />Subject to all legal highways, easements and restrictions of record. <br />2. Easement Revocable by Board. The Board of Public Works reserves the right to revoke <br />this easement at any time should it determine that the staircase and stairwell presents a safety hazard <br />to the public, the public use of the property in the right-of-way at this location is required, <br />ve an owners , or that the staircase <br />becomes an eyesore or a safety hazard. If the Grantor so determines, it may take action to revoke <br />this easement at any regularly scheduled meeting of the Board of Public Works of the City of South <br />Bend, and such easement shall thereafter be vacated. <br />SG a�sdr <br />3. Removal and Repair. Upon termination of the easement by the Board of Public Works, r� ss�rvti <br />Grantee agrees to remove the staircase within thirty (30) days after notice of the termination. <br />Grantee further agrees to repair and restore the concrete sidewalk near this easement or immediately._ <br />adjacent thereto from all damage caused by the removal of the staircase, said repairs to be made <br />within one week after the staircase is removed. If the staircase is not removed within thirty (30) <br />days, the Grantee shall pay two thousand dollars ($2,000.00) per day for every day thereafter until <br />it is removed. If the repairs to the sidewalk are not made by Grantee within said time, the City may <br />remove the materials, repair the sidewalk, and notify Grantee of the costs. Grantee shall, within <br />thirty (30) days after notice by Grantee, pay the reasonable costs of the repairs and/or removal, and <br />any reasonable collection fees. <br />4. Restrictions. This easement is subject to all other easements and restrictions of record. <br />5. Indemnification. Grantee agrees to indemnify, defend and hold harmless the City of South <br />Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, <br />including attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by <br />this Grant of Temporary Easement. <br />GRANTEE: <br />ORIX CAPITAL MARKETS, LLC <br />GRANTOR: <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />Gary Giiot <br />v <br />J <br />