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Updated 02/18 <br />REVOCABLE PERMIT <br />RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND-CONTROLLED <br />PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME <br />Company/Homeowner <br />Name: <br />KRG Eddy Street Land II, LLC <br />Tony Halsey <br />Herein, “APPLICANT”. <br />The encroachment will be permitted to remain and continue under the following terms and conditions: <br />1)Until such time as the BOARD OF PUBLIC WORKS (BOARD) of the CITY OF SOUTH BEND (CITY) shall <br />determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow <br />of traffic thereon; <br />2)Said encroachment shall not in any way prejudice or preclude the CITY’S rights with respect to the future use of the <br />portion of the right-of-way; <br />3)The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions; <br />4)In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid <br />encroachment, this permit shall become null and void; <br />5)The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to <br />any activity and/or incidences authorized by this permit; <br />6)In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend <br />the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of <br />bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, <br />including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by <br />this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in <br />connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the <br />CITY to enforce the obligation of this agreement of indemnity. <br />It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to <br />the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense <br />caused by the sole negligence of the CITY. <br />This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. <br />ACCEPTANCE OF TERMS AND CONDITIONS <br />I accept and agree to be bound by all of the terms and conditions of this permit. <br />Submitted By:Tony Halsey <br />Signature: <br />Date:10/15/2020 <br />BOARD OF PUBLIC WORKS APPROVAL <br />President Member Member <br />Member Member Date <br />November 10, 2020