Agreements - Concrete Curb & Channelization Median at Grandview – Northern IN Commuter Transportation District

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1 CONCRETE CURB AND CHANNELIZATION MEDIAN INSTALLATION AND MAINTENANCE LICENSE AGREEMENT This Concrete Curb and Channelization Median Installation and Maintenance License Agreement (“License”) is entered into this 14th day of December 2021, between the Northern Indiana Commuter Transportation District (“Licensor” or “NICTD”), an Indiana municipal corporation, and the City of South Bend, Indiana, by and through its Board of Public Works (“Licensee” or “South Bend”), an Indiana municipal corporation. WITNESSETH: WHEREAS, Licensor is the owner of certain real estate, railroad tracks, and railroad appurtenances in the vicinity of 55674 Grandview Avenue, South Bend, Indiana; and WHEREAS, Licensor’s railroad tracks cross Grandview Avenue at-grade at DOT Crossing #870392D; and WHEREAS, Licensee is the public entity with jurisdiction over the streets and public rights-of-way in South Bend, Indiana, which includes Grandview Avenue; and WHEREAS, Licensee desires to install and maintain a concrete curb and channelizing median within the right-of-way of Grandview Avenue within twenty-five (25) feet of the Licensor’s railroad tracks in furtherance of South Bend’s efforts to establish a Federal Railroad Administration (“FRA”) quiet zone; and WHEREAS, Licensor desires to allow Licensee to install and maintain the concrete curb and channelizing median on Grandview Avenue, subject to this License establishing the rights and responsibilities with respect to the installation, maintenance, and ownership of the concrete curb and channelizing median. NOW, THEREFORE, in consideration of the mutual covenants, promises, and terms herein made, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NICTD grants South Bend this License, subject to South Bend’s compliance with the following terms and conditions: 1. Term of License. A. Initial Term. This License shall begin on the date indicated on the first page of the License, and shall run until and expire on January 1, 2042 (“Initial Term”), unless revoked for cause at an earlier date. B. Renewal Terms. If not earlier revoked or terminated, this License shall automatically renew for a successive term of ten (10) years (“Renewal Term”). The License shall perpetually renew after the first Renewal Term and for each Renewal Term thereafter, unless revoked for cause or terminated as provided herein.