08/06/1979 Board of Public Works Minutes

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156 REGULAR MEETING AUGUST 6. 1979 WHEREAS, Tire Company has sought permission from the City, through the Curb Cut Review Committee of the St. Joseph County Area Plan Commission, for a curb cut to serve as a point of access from Monroe Street to its facility for use by both customers of Tire Company and trucks loading and unloading at the facility; and WHEREAS., the Curb Cut Tire Company for a cu that a traffic hazard as a maneuvering area facility; and for the and Review Committee has denied the request of rb cut along Monroe Street, based on its finding would be created by trucks using Monroe Street in order to enter or.exit the Tire Company purpose of loading and unloading merchandise; WHEREAS, the City Engineer of the City of South Bend has concurred in the decision of the Curb Cut Review Committee to deny the request for a curb cut along Monroe Street for use as an access point for truck traffic entering and exiting onto and from the Tire Company facility; and for the purpose of loading and unloading merchandise; and WHEREAS, in response to the denial of its request for a curb cut along Monroe Street, Tire Company has modified its request to include a curb cut to be used as an access route onto and from its facility only for customer traffic and not as an access route for trucks loading and unloading at the facility; and WHEREAS, the City Engineer has agreed to such modified request provided that assurances are offered by Tire Company and Realty Company that the requested curb cut along Monroe Street will be used as an access route only for customer traffic and not as an access route for truck traffic along Monroe Street for loading and unloading. NOW, THEREFORE, in consideration of the premises and benefits which will accrue to the parties hereto in carrying out the terms and conditions of this agreement, it is mutually understood and agreed as follows: 1. The City, by and through its City Engineer, agrees to authorize. a curb cut along Monroe Street, South. Bend, St, Joseph County, Indiana, to be used as a point of access onto and from the property described herein owned by Realty Company to be used by Tire Company as a tire service retail facility. 2. Tire Company and Realty Company agree that the curb cut along Monroe Street shall be used as an access route onto and from their building and property only by customers traffic, and such curb cut shall not be used as a point of access by trucks entering or exiting onto or from their property to load or unload merchandise. 3. Tire Company and Realty Company agree to take whatever affirmative action may be necessary to ensure that the curb cut along Monroe Street as approved shall not be used as an access route for truck traffic for the purpose of loading and unloading merchandise. 4. Tire Company and Realty Company agree and acknowledge that if, for any reason, they should fail to adequately ensure that the curb cut as approved along Monroe Street is not used as an access route for truck traffic for the purpose of loading and unloading merchandise, the City through its appropriate agencies and officers shall have the right to permanently close the curb cut.