Encroachment & Revocable Permit - Eddy St. Commons Phase II - Kite Realty Group

Home Browse Search

EDDY PHASE II DEDICATED IMPROVEMENTS AGREEMENT This Eddy Phase II Dedicated Improvements Agreement ("Agreement') is made on this aday of �)�2018 (the "Effective Date") by and between the City of South Bend, a municipal corporation existing under the laws of Indiana, acting by and through its Board of Public Works ("City") and KRG Eddy Street Land H, LLC, its successors and assigns ("Owner"), in order for the Owner to construct improvements in the public right-of-way along Eddy Street from Napoleon Boulevard to Howard Sheet; along St. Vincent Sheet from the alley west of Eddy Street to Georgiana Avenue; and along the alley west of Eddy Street from Howard Street to St. Vincent Street, (hereinafter, the "R.O.W."). Additional R.O.W. improvements will occur at the intersection of Howard Street and Eddy Street as well as south of Howard Sheet and Eddy to Corby Boulevard. WHEREAS, Owner intends to develop approximately 11.2 acres located along Eddy Sheet including the areas described above, for the purpose of a residential/cormnercial use, as depicted on Exhibit A, attached and incorporated herein; and WHEREAS, in order to develop the 11.2 acres depicted on Exhibit A, Owner intends to construct new sidewalks, curbs, signage, lighting, roadways, and utilities in the R.O.W., in the area depicted in Exhibit B (collectively referred to as "Dedicated hmprovements"); and WHEREAS, Owner obtained the long-term occupancy and closure of the R.O.W. in March of 2018 in order to construct said Dedicated Improvements; and NOW, THEREFORE, in consideration of the obligations, terns and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: 1. Construction Inspection Owner shall provide City with drawings of record for the Dedicated Improvements which shall conform to City standards. Owner shall be responsible to provide inspection during construction and to ensure conformance to applicable City standards with respect to area planning, adequacy of design, and quality of construction.