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

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WHEREAS, pursuant to the City's municipal code, the City's Engineering Department has granted Owner a permit for the temporary occupancy and a partial temporary closure of the Sycamore Street R.O.W. and LaSalle Avenue R.O.W. in order to facilitate construction of Owner's project adjacent thereto; and WHEREAS, in connection with the drainage needs of Owner's project, Owner desires an easement from the City on the East Bank Property to use a portion of the retaining wall that abuts Owner's project site to facilitate a storm water outlet; and WHEREAS, Owner intends to repair and/or replace the retaining wall, sidewalks, trails curbs, lighting, landscaping, trees, and drive approaches and patch the roadway in the R.O.W. ("Dedicated Improvements") as more particularly set forth on ;U',xiiib t A, which is attached hereto and incorporated herein by reference, upon the completion of its temporary occupancy or use of or in the relevant R.O.W.; and WHEREAS, Owner desires the temporary occupancy and partial temporary closure of the R.O.W. or the East Bank Property from time to time in order to facilitate Owner's project and construct the Dedicated Improvements in the R.O.W. or on the East Bank Property; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, and the above recitals which are incorporated into this Agreement, the adequacy of which consideration the parties expressly acknowledge, Owner and the City agree as follows: 1. Construction Inspection The Owner has provided the City with Exhibit A, which depicts drawings of the Dedicated Improvements, which the City acknowledges conforms to the City's standards. The Owner shall allow the City to inspect the Dedicated Improvements during construction to ensure conformance