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DEDICATED IMPROVEMENTS AND DRAINAGE AGREEMENT <br />This Dedicated Improvements Agreement (the "Agreement") is made on this 27th day of <br />October 2020, by and between the City of South Bend, Indiana, an Indiana municipal corporation <br />(the "City"), acting by and through its Board of Public Works (the "Board"), and Five Corners, <br />LLC, with an address of 814 Marietta St., South Bend, Indiana (the "Owner"), in order for the <br />Owner to temporarily occupy and re -construct dedicated improvements in the public right-of-way <br />(the "R.O.W.") in the alley between SR 23 and Corby Blvd. within the City's municipal boundaries <br />(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 the property with address of 1130 South <br />Bend Avenue within the City; and <br />WHEREAS, Owner desires to collect stormwater from the reconstructed alley, store on <br />site in underground storage chambers and release by infiltration, more particularly set forth in <br />Exhibit A, which is attached hereto and incorporated herein by reference, <br />WHEREAS, Owner intends to replace the alley pavement and drive approaches in the <br />R.O.W. ("Dedicated Improvements") as more particularly set forth on Exhibit A upon the <br />completion of its temporary occupancy or use of or in the relevant R.O.W.; and <br />WHEREAS, Owner desires the temporary occupancy and temporary closure of the <br />R.O.W. to facilitate Owner's project and construct the Dedicated Improvements in the R.O.W.; <br />and <br />