Dedicated Improvements Agreements - Matthews 350 E LaSalle LLC - Commerce Center Right-of-Way Reconstruction

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COMMERCE CENTER DEDICATED IMPROVEMENTS AGREEMENT This Commerce Center Dedicated Improvements Agreement (the "Agreement") is made on this 26th day of March 2019 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 Matthews 350 E LaSalle LLC, an Indiana limited liability company with an address of 401 E. Colfax Avenue, South Bend, Indiana 46601 (the "Owner"), in order for the Owner to temporarily occupy and construct or re -construct dedicated improvements in the public right-of-way (the "R.O.W.") along Colfax Avenue, LaSalle Avenue, Sycamore Street, as well as to temporarily occupy and construct or re -construct dedicated improvements along that portion of certain property owned by the City for the benefit of the public, commonly known as the East Bank Trail ("East Bank Property"), adjacent to Owner's project site within the City's municipal boundaries (the "Project Area"). WHEREAS, the City holds title to the Project Area, including the R.O.W. and East Bank Property within the Project Area; and WHEREAS, Owner's project site is located at the property commonly known as The Commerce Center, 401 East Colfax Avenue within the City; and WHEREAS, in connection with Owner's project, Owner desires to tie into the existing sanitary sewer line in the R.O.W. at Colfax Avenue; and WHEREAS, Owner is working to acquire a permanent easement from the City allowing the installation of a concrete retaining wall within the LaSalle Avenue R.O.W. to allow air intake in to an underground parking structure, which structure shall include public parking spaces; and