AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT OVER PUBLIC RIGHT-OF-WAY THIS AGREEMENT made this day of February, 2016 by and between the CITY OF EAST LANSING, a Michigan Municipal Corporation, with its principal offices located at 410 Abbot Road, East Lansing, Michigan, 48823, (the Grantor ) and Stonehouse Village VI, LLC, a Michigan limited liability company, whose address is 117 Center Street, East Lansing, MI 48823 (the Grantee ). As set forth below, Grantor and Grantee agree as follows: 1. Grantor, in consideration of the performance of the covenants by Grantee set forth in this Agreement and subject to the conditions set forth in this Agreement, grants to Grantee a temporary construction easement over the Westerly ½ of the Southerly 20 feet of lot 40, as depicted in Exhibit A, First Addition to Fairview, as recorded in Liber 3 of Plats, page 21, Ingham County records, in the City of East Lansing, Ingham County, Michigan (the Easement Area ). Grantee's right to the use of the Easement Area shall be for a term of 18 months or until completion of the Dumpster enclosure foundation and dumpster enclosure framing improvements described herein, whichever occurs first. 2. The only permitted use of the Easement Area is for the construction of certain improvements to Grantor s dumpster enclosure foundation and dumpster enclosure framing as shown on Attachment 1. 3. To the fullest extent authorized by law, Grantee shall defend, indemnify and hold Grantor and all its elected and appointed officers, agents, contractors and employees harmless: a) From any and all claims by persons, firms or other entities for labor, services, materials or supplies provided in connection with the construction, installation and maintenance of any improvement made in the Easement Area; and b) From any and all claims for injuries to or death of any and all individuals or for loss of or damage to property from any environmental damage, degradation, response and clean up costs and all reasonable attorney fees and related costs which may be incurred by Grantor arising out of or which may arise out of any activity which may be engaged in by Grantee or its successors, assigns, agents and invitees or for which it may be responsible in connection with any activity involving the use of the Easement Area; and c) Grantee shall obtain and keep in full force and effect until the completion of all improvements, a single policy of builders' risk insurance, effective as of the date of commencement of construction, naming Grantor as an additional named insured with policy limits of not less than the full replacement cost of all insurable components of all the improvements to be installed by Grantee on the real property referred to in the second sentence of Paragraph 1 of this Agreement. In addition, Grantee and its successors and assigns, shall obtain and maintain during the entire term of this easement agreement a policy or policies of general public liability insurance, including broad form enforcements, on an occurrence basis,
naming Grantor as an additional insured with combined policy limits of not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, not less than $2,000,000 for any one accident involving two or more persons; and property damage liability insurance shall not be less than $1,000,000, for any one accident and not less than $2,000,000 aggregate with respect to the construction to be performed within the Easement Area. Grantee shall provide Grantor with a certificate of such insurance issued by a company authorized to do business in Michigan with a Best rating of AAA naming Grantor as an additional insured with a right to not less than 30 days written notice of cancellation or nonrenewal. d) Grantee s obligations to defend, indemnify, and hold Grantor harmless as stated herein shall survive the expiration, nonrenewal, cancellation, or earlier termination of this easement agreement for any reason. 4. Grantor shall not be subject to any obligations or liabilities by contractors of Grantee, their subcontractors or any other person not a party to this Agreement. Grantee shall not engage in any activity or conduct which arises either directly or indirectly out of its obligations, responsibilities and duties under this Agreement, which may result in a claim being asserted or a judgment being entered against Grantor relating to the Easement Area. In the event Grantee breaches any of the provisions of the preceding sentence, Grantor shall have the right to seek and obtain any necessary relief or remedy including, but not limited to, a judgment for money damage or specific performance. 5. In connection with the use of the Easement Area, Grantee shall: a) Obtain all permits which are required to be obtained before using any portion of the Easement Area; and b) Construct and maintain all improvements within Easement Area in compliance with the provisions of all applicable laws, ordinances and regulations of each governmental agency having jurisdiction over the construction and use of any improvements to be made within the Easement Area. c) Grantee, its successors, assigns, agents and invitees shall not store, allow the storage of or discharge any radioactive, toxic, flammable, poisonous, explosive or other dangerous, hazardous materials or waste within the Easement Area. 6. The execution of this Agreement by Grantor is not a warranty of its title. It is the sole and exclusive responsibility of Grantee to secure all necessary approvals and authorizations from all parties, public and private, in order to insure that it has the right to use the Easement Area as set forth in this Agreement. Grantor represents and warrants to Grantee that it has the authority to execute this Agreement. 7. This Agreement may only be amended by a written agreement executed by both parties. 8. The waiver of any breach of any provision of this Agreement by a party shall not operate as or construed as a waiver by the other party of any subsequent breach. Each and every right,
remedy and power granted to a party under this Agreement or allowed by law shall be cumulative and not exclusive of any other. 9. If any of the provisions of this Agreement or its application to any party under any circumstances is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of this Agreement or its application. 10. This Agreement shall be binding upon the parties hereto and their heirs and successors and assigns. 11. This Agreement supersedes and terminates any and all other previous or contemporaneous communications, representations, understandings, agreements, negotiations and discussions, whether oral or written, between the parties with respect to the Easement Area. There are no other written or oral agreements, understandings or representations directly related to the Easement Area that are not expressly set forth in this Agreement. 12. All notices which may be sent under this Agreement shall be in writing and mailed by certified or registered mail to the address of the party set forth in the preamble of this Agreement. Either party may change its address by providing notice to the other party as set forth in this paragraph. 13. This Agreement shall be governed by the laws of the State of Michigan. 14. This Agreement may be executed in duplicate original counterparts and all copies of this Agreement so executed shall be deemed to be one agreement 15. Grantee shall, at its expense, record this Agreement with the Ingham County Register of Deeds. After this Agreement is recorded, Grantee shall provide Grantor with a copy of the recorded Agreement. This Agreement is executed as of the date set forth above and shall be effective as set forth in this Agreement. GRANTOR: CITY OF EAST LANSING By: Mark Meadows, Mayor GRANTEE: Stonehouse Village VI, LLC By: David Krause, its Managing Member
Drafted by: Thomas M. Yeadon (P38237) City of East Lansing Attorney STATE OF MICHIGAN) ) SS COUNTY OF INGHAM) On the day of February, 2016, Mark Meadow, Mayor of City of East Lansing, executed this Agreement for the Exclusive Easement for Air Rights over Public Right-of-Way on behalf of the City of East Lansing. Notary Public Ingham County, Michigan My Commission Expires: STATE OF MICHIGAN) ) SS COUNTY OF INGHAM) On the day of February, 2016, David Krause, Managing Member of Stonehouse Village VI, LLC, executed this Agreement for the Exclusive Easement for Air Rights over Public Right-of-Way on behalf of A&G Partnership LLC. Notary Public Ingham County, Michigan My Commission Expires:
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PROJECT: DOWNTOWN EAST LANSING WEST OF BAILEY STREET OWNER: 1427 West Saginaw Street, Suite 200 East Lansing, Michigan 48823 office: 517.272.9835 fax: 517.272.9836 www.bergmannpc.com NO. REVISIONS DATE DESCRIPTION REV. CK'D 10/10/14 OWNER REVIEW Project Manager: Designed by: Drawn by: Checked by: Date Issued: OCTOBER 10, 2014 Scale: Date Project Number: - File Name: Drawing Number: of
PROJECT: 2 3 3 DOWNTOWN EAST LANSING WEST OF BAILEY STREET OWNER: SIM 2 DUMPSTER ENCLOSURE FOUNDATION PLAN SCALE:1/4"=1'-0" 1427 West Saginaw Street, Suite 200 East Lansing, Michigan 48823 office: 517.272.9835 fax: 517.272.9836 www.bergmannpc.com 4 TYP 4 SIDES NO. REVISIONS DATE DESCRIPTION REV. CK'D 10/10/14 OWNER REVIEW DUMPSTER ENCLOSURE FRAMING PLAN SCALE:1/4"=1'-0" Project Manager: Designed by: Drawn by: Checked by: Date Issued: OCTOBER 10, 2014 Scale: Date Project Number: - File Name: Drawing Number: of