ROW Occupancy Agreement - House Move 130 Park Ln. to 846 Park Ave. – Lykowski Const., Inc. & Indiana Landmarks

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1 RIGHT-OF-WAY OCCUPANCY AND ENCROACHMENT AGREEMENT This Right-of-Way Occupancy and Encroachment Agreement (hereinafter the "Agreement") is made and entered this 22nd day of February 2022 (the “Effective Date”), by and between the City of South Bend, Indiana (the “City”), a municipal corporation, by and through its Board of Public Works, and Lykowski Construction, Inc., 23158 W. Ireland Road, South Bend, Indiana 46614, and Historic Landmarks Foundation of Indiana, Inc., d/b/a as Indiana Landmarks, 1201 Central Avenue, Indianapolis, Indiana 46202 (collectively referred to herein as the “Permittees”), each a party and collectively the parties. Recitals WHEREAS, the Permittees desire to occupy and utilize portions of the City’s Right-Of- Way to transport a wood frame house (the “Property”) from a parcel of land located at 130 Park Lane, South Bend, Indiana 46601 (“Current Location”) to a parcel located at 919 Riverside Drive, South Bend, Indiana 46616 (“New Location”), as more particularly described and depicted on Exhibits A and B, incorporated herein by reference and attachment ; and, WHEREAS, the City has agreed to grant Permittees a temporary and non-exclusive privilege to occupy and use City Right-Of-Way to transport the Property using the route specified in Exhibit A (“Approved Route”), in accordance with and subject to the terms, conditions and limitations of this Agreement. Lykowski Construction, Inc. letter dated November 4, 2021 to the City Board of Public Works, part of Exhibit A, is incorporated in this Agreement by reference and attachment. NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations contained herein, and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Grant of Permit. The City hereby grants to Permittees a temporary and non-exclusive personal privilege and permission to enter upon the City Right-Of-Way using the Approved Route to transport the Property to the New Location, as described and depicted on Exhibit A, and subject to the following terms and conditions: Permittees’ Responsibilities a. Provide the City with pre- and post-transport video and photos and video of the truck route area for damage assessment. Permittees will provide City with a written summary of existing damage for City’s confirmation and written concurrence.