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201 S MAIN PUBLIC IMPROVEMENTS AGREEMENT <br />This 201 S Main Public Improvements Agreement (the "Agreement") is made on this 10" <br />day of December, by and between the City of South Bend, Indiana, an Indiana municipal <br />corporation (the "City"), acting by and through its Board of Public Works (the "Board"), and Bald <br />Mountain LLC, an Indiana limited liability company with an address of 21953 Protecta Drive, <br />Elkhart, Indiana 46516 (the "Owner"), in order for the Owner to termporarily occupy, and to enable <br />the construction or re -construction of, the public right-of-way (the "R.O.W.") improvements along <br />Main Street and Jefferson Boulevard within the City's municipal boundaries (the "Project Area") <br />WHEREAS, the City holds title to the Project Area, including the R.O.W.; and <br />WHEREAS, Owner's project site is located at Owner's property commonly known as 201 <br />South Main Street within the City (the "Site"); and <br />WHEREAS, the Owner has entered into a Development Agreement, as amended (the <br />"Development Agreement"), with the South Bend Redevelopment Commission, the governing <br />body of the City of South Bend Department of Redevelopment (the "Commission") in which the <br />Commission agreed to expend certain tax increment finance revenues in connection with the <br />Owner's project at the Site (the "Project"); and <br />WHEREAS, in order to facilitate construction of the Project and pursuant to the City's <br />municipal code, the City's Engineering Department has granted Owner a permit for the temporary <br />occupancy and a partial temporary closure of the Main Street R.O.W. and Jefferson Boulevard <br />R.O.W.; and <br />WHEREAS, pertinent to the drainage needs of the Project and subject to a separate access <br />agreement, Owner will connect to a separated storm sewer line located adjacent to the Site to <br />