CASH BOND AGREEMENT

This Cash Bond Agreement ("Agreement") is made as of , 201_,

between the City of East Lansing, a Michigan municipal corporation, whose address is 410 Abbot
Road, East Lansing, MI 48823 ("City") and Lingg Brewer, whose address is 3217 Annis Road,
Mason, MI 48854 ("Developer");

WHEREAS, the parties entered into a Development Agreement regarding the property
located at 500 Albert Avenue and 122 Division Street, in the city of East Lansing, Michigan; and

WHEREAS, pursuant to the terms of said Agreement, the Developer granted to the City a
construction/demolition easement for the demolition of the single-family home on said Property; and

WHEREAS, the Development Agreement provided at paragraph 2A that Developer would

provide a cash bond as assurance to the City for the demolition of the single-family home; and

WHEREAS, Developer desires to satisfy said requirement by submitting a cash bond.

NOW, THEREFORE, in consideration of the foregoing and the mutual and independent
promises set forth below, the parties agree as follows:

1 Simultaneously with and as a condition of issuance of occupancy permits for the

Project as referenced in the Development Agreement, Developer will deposit $17,000 in the
City Attorney's trust account as a cash bond (the "Bond").

2. Subject to section 3 below, the Bond shall be returned to Developer upon completion
of the work described in the Easement in a good and workmanlike manner and in compliance with
applicable permits and approvals. Developer shall provide a written request for return of the Bond
with evidence that the work has been properly completed.

3. If Developer fails to complete the work as required within the time limits of the
Development Agreement, the City may send a written notice of default to Developer describing the
nature of the default. If Developer fails to remedy the default within seven business days after
mailing of said notice, the City may undertake the remedy and perform same within a reasonable
period of time, and the Bond may be used to complete the work. The funds shall be disbursed to the
City, or its contractor, as necessary to complete the work required in the Easement; provided that any
amount not required for completion of the work and repay any deficiencies as defined in the
Development Agreement, shall be returned to Developer. The City shall submit written requests for
disbursements with an itemization of work to be performed and the cost associated within each item
to the City Attorney.

4. The City Attorney is obligated only to perform the duties specifically set forth in this
Agreement, which shall be deemed to be ministerial in nature. The City Attorney shall not be liable
for any claims regarding the Bond or this Agreement except for its gross negligence or willful
misconduct. The City Attorney may rely on any notice or other document delivered to it in relation
to this Agreement that it believes to be genuine and issued by a party with proper authority.

5. Developer agrees to indemnify and hold harmless the City Attorney from any
reasonable expenses and fees associated with performing its duties under this Agreement; provided
that such indemnification and hold harmless shall not apply to expenses and fees resulting from the
gross negligence or willful misconduct of the City Attorney or the wrongful conduct of City.

6. Other than as set forth herein, the City Attorney has no interest in the Bond.

7. If a dispute arises between City and Developer concerning this Agreement, the City
Attorney shall retain the funds until the dispute is resolved by agreement between the City and
Developer or resolution by any other dispute resolution process.

8. This Agreement may be signed in counterparts and by facsimile or electronic

signature.

9. This Agreement may only be modified by a written agreement between the parties.

CITY OF EAST LANSING DEVELOPER:

By _
Nathan Triplett, Mayor LINGG BREWER

By
Marie E. Wicks, Clerk

Approved as to form:

Thomas M. Yeadon (P38237)

East Lansing City Attorney

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 GRANT OF NON-EXCLUSIVE
TEMPORARY CONSTRUCTION/DEMOLITION EASEMENT

THIS AGREEMENT, made this day of 201_, by and between the City
of East Lansing, a Michigan municipal corporation, with its offices at 410 Abbot Road, East
Lansing, MI 48823 ("Grantee") and Lingg Brewer, whose address is 3217 Annis Road, Mason, MI
48854 ("Grantor");

WHEREAS, the Grantor owns the property located at 500 Albert Avenue and 122 Division
Street in the city of East Lansing, Ingham County, Michigan ("Property") containing a non-
conforming single-family home (the "Building"); and

WHEREAS, Grantee's ordinances require that the Building be demolished to allow further
development of the site; and

WHEREAS, the Grantor has agreed to demolish the Building and, as an assurance of the
demolition, agrees to allow the City of East Lansing to demolish the building upon Grantor's failure
to do the same within the time frames in the Development Agreement; and

WHEREAS, the Grantee desires to obtain a temporary demolition easement from the Grantor
upon the above-described premises to facilitate the demolition activities in the event Grantor fails
to demolish the non-conforming single-family structure in accordance with the Development
Agreement; and

WHEREAS, these parties desire to enter into an agreement for a temporary demolition
easement for the above-recited purposes;

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. The Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive
temporary demolition easement ("Easement") over, under, across, and upon the following described
parcel:

Lots 15 and 16, Assessors Plat of Chase Subdivision of part of Lot 78

College Grove.
 Commonly known as 500 Albert Avenue, East Lansing, Michigan.
TIN 33-20-02-18-167-009

and

Lot 14, Assessors Plat of Chase Subdivision of part of Lot 78 College

Grove
TIN 33-20-02-18-167-003
Commonly known as 122 Division Street, East Lansing, Michigan.

2. The scope of work that is to be completed is the demolition of the single-family

structure and filling/regrading the Property in accordance with the pertinent statutes and ordinances
and in accordance with the acquired permits.

3. Right-of-way across the foregoing premises for ingress and egress to and from said
Easement is to be provided to the Grantee, and its designee, to allow for the demolition under this
agreement and typical activities necessary and incident thereto.

4. Grantor is solely responsible for all costs associated with the demolition activities.

5. Grantor shall be responsible for obtaining and maintaining at its sole expense all
required building or demolition permits, soil erosion and sedimentation control permits, and any
other land use permits required under state or local law. If Grantor fails to obtain the required
permits, Grantor agrees that Grantee or its designee may apply for and obtain the above-described
permits for the demolition described herein and consents thereto, and shall, if necessary, execute the
permit applications to indicate such consent. Grantor shall remain responsible for all costs
associated with obtaining the same.

6. All work by Grantee will be performed in a good and workmanlike manner, and in
a manner that complies with all laws, codes, rules and regulations.

7. Grantor further agrees to fully defend, indemnify and hold harmless the City and any
affiliated person or entity for any injury, damage, cost, claims, or fees caused by the performance of
the work.

8. Grantor covenants that he is lawfully seized and possessed of the premises herein
described and warrants the Grantor has a good and lawful right to grant and convey the Easement
described herein and that no persons or other entities have any right, title, or interest in said Property.

9. It is expressly understood that the Development Agreement, Construction/Demolition

Easement, and the Cash Bond Agreement constitute the entire terms and conditions applicable to the
Easement as agreed upon by the parties hereto, except as stated herein or as may be amended in
writing hereafter.

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 10. This Easement shall expire on the completion of the work.

11. It is intended that this Easement is to be recorded.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and
year first above written.

GRANTOR:

LINGG BREWER

STATE OF MICHIGAN)
ss.
COUNTY OF INGHAM)

The foregoing Grant ofNon-Exclusive Temporary Construction/Demolition Easement was

acknowledged before me this day of , 201_, by LINGG BREWER.

Notary Public
Ingham County, Michigan
My Commission expires: _ _

GRANTEE'S ACCEPTANCE

Grantee hereby accepts the foregoing temporary construction/demolition easement and agrees
to abide by all of the terms and conditions thereof.

CITY OF EAST LANSING

By __
George Lahanas, City Manager

By
Marie E. Wicks, City Clerk
Drafted by and approved as to form:
Thomas M. Yeadon (P38237)
East Lansing City Attorney
601 Abbot Road, PO Box 2502
East Lansing, MI 48826-2502
(517) 351-0280

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