Dedicated Improvements Agreement - Menards Inc - Intersection Improvements at Callander and St Joseph Street

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ST. JOSEPH / CALLANDER INTERSECTION IMPROVEMENT DEDICATED IMPROVEMENTS AGREEMENT This St. Joseph / Callander Intersection Dedicated Improvements Agreement (the "Agreement") is made on this the day of November, 2018 by and between the City of South Bend, Indiana, an Indiana municipal corporation (the "City"), acting by and through its Board of Public Works, and Menard, Inc., a Wisconsin corporation with an address of 5101 Menard Drive, Eau Claire, Wisconsin 54703 (the "Owner"), in order for the Owner to construct dedicated improvements in the public right-of-way (the "R.O.W.") at the intersection of Callander Street and St. Joseph Street (the "Intersection"). and WHEREAS, the City holds title to the Intersection and the R.O.W. at the Intersection; WHEREAS, Owner intends to reconstruct the Intersection, extending it approximately 140 ft to the west and 55 ft. to the north of the centerline, as shown more particularly on the project map, attached hereto and incorporated herein as Exhibit A; and WHEREAS, Owner also intends to construct new sidewalks, curbs, signage, lighting, roadways, and utilities in the R.O.W. ("Dedicated Improvements") as more particularly set forth on Exhibit B, which is attached hereto and incorporated herein by reference; and WHEREAS, Owner desires the occupancy and partial temporary closure of the R.O.W. in order to construct the Dedicated Improvements; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: