Encroachment - Danch, Harner & Associates for JMS Development and Centier Bank

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REVOCABLE PERMIT r, RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED' PROPERTY ANti PROVISIONS ALLOWTNti TEMPORARY CONTEN(JANCE OF SAME Company Name: Vanadco Inc. ----- Herein, "APPLICANT". The encroachment will be permitted io remain and continue under the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS (BOARD) of the CITY OF SOUTH BEND (CITY) shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in any way prejudice or preclude the CITY'S rights with respect to the future use of the portion of fire right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dhmensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void; 5) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to any activity and/or incidences authorized bythis permit; 6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, bold harmless and defend tine CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, .including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense caused by the sole negligence of the CITY, This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit. �l Submitted By: Signature: Dace: �8/10/2916 BOARD OF PUBLIC WORKS APPROVAL � �"�r-�- President ,, �11 II ember Member �— Member Member Date Updated 6122112