Dedicated Improvements Agreement - Guarantees the City a Performance Bond - Rieth Riley Construction Co., Inc.

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DEDICATED IMPROVEMENTS AGREEMENT This Dedicated improvements Agreen-ient (the "Agreement") is made on this K—A day of J� _ 20 SO , by and between the City of South Bend, Indiana, an Indiana municipal corporation (the "City"), acting by and through its Board Of Public Works (the "Board"), and Rieth Riley Construction Company, an incorporated entity with an address of 3626 Elkhart Rostd., Goshen, Indiana (tile "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 Ameritech Drive and Business Center Drive within the City's municipal boundaries (the "Project Area"), WHEREAS, the City holds title to the Project Area, including the R.O.W,; and WHEREAS, Owner's project site is located at the property with legal description of Lot 2A Park One Northwest Minor #1 First Replat within the City; and WHEREAS, Owner is able to furnish proof of permission to use said parcel; and WHEREAS, pursuant to the City's Municipal code, the City's Engineering Department has granted Owner a permit for the temporary use of the Business Center Drive R.O.W. and use of the Ameritech Drive R.O.W. for construction traffic in order to facilitate construction Of Owner's project for the US-31 ByPass reconstruction and Brick Road pavement replacement; and WHEREAS, upon completion of the work within the Project Area, Owner intends to remove all temporary structures, regrade, and reseed the Project Area ("Dedicated Improvements") as more particularly set forth on Exhibit 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.0,W.;