Right of Entry Agreement - Relocation of Commercial Drive at 1522 Ford St. for Right-of-Entry and Cease Using North - Carl Kimble, Kimble Plumbing

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RIGHT OF ENTRY AGREEMENT WITH INDEMNIFICATION AND HOLD HARMLESS THIS RIGHT OF ENTRY AGREEMENT (the "Agreement"), dated this 27th day of April, 2020 (the "Effective Date") is by and between Carl J. Kimble (hereinafter, "Owner"), being the owner of real estate commonly known as Kimble's Plumbing, located at 1522 Ford Street, South Bend, Indiana 46634, as depicted in Exhibit A (the "Property"), incorporated herein by reference and attachment, and the City of South Bend, Indiana, by and through its Board of Public Works (the "City") (Each a "Party" and collectively the "Parties"). 1. Owner represents and warrants that Owner: (a) is the fee simple owner of the land, improvements, and buildings which constitute the Property and has full power and authority to grant to City the rights set forth in this Agreement; or (b) through written agreement with the fee simple owner of the Property, has the full power and authority to grant to City the rights set forth in this Agreement. 2. In consideration of the mutual benefits and obligations set forth herein, Owner grants to City and City's employees, agents, and contractors a non-exclusive right of entry for ingress and egress to the Property and buildings located at 1522 West Ford Street, South Bend, Indiana 46634 for the following purposes: City hereby agrees to do the following: a. Partial demolition of overhang structure on south side of Property. b. Removal of fencing on north and south sides of Property. c. Replacement of fencing on north and south sides of Property with 8' galvanized commercial chain link fence. d. Installation of commercial grade double swing gate with latch and lock on the south side of the Property at the back. e. Installation of commercial grade pedestrian gate with latch and lock on the north side of the Property in the front f. Grade the portion of the alley running east and west on the south side of the Property. g. Trim the overhanging trees branches and bushes in the alley running north and south on the east side of the Property. h. Arrange with utility pole owner, AEP, to have a light installed on the pole adjacent to the Property on the south side and added to the City bill. Owner does hereby agree to do the following: a. Clear the construction limits and areas adjacent to the limits of items Owner would like to salvage or protect from demolition within thirty days (30) of the Agreement Effective Date, or April 30, 2020, whichever is earlier. b. Upon Project completion, immediately and permanently cease using the north side of the Property for vehicular ingress or egress onto the Property. Owner will limit north side ingress and egress to pedestrian foot traffic.