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ROW Occupancy Agreement - House Move 130 Park Ln. to 846 Park Ave. – Lykowski Const., Inc. & Indiana Landmarks
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ROW Occupancy Agreement - House Move 130 Park Ln. to 846 Park Ave. – Lykowski Const., Inc. & Indiana Landmarks
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2/22/2022 4:29:42 PM
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2/22/2022 4:29:37 PM
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Board of Public Works
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Contracts
Document Date
2/22/2022
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3 <br /> <br />continue until the completion of transport of the Property to the New Location and full <br />restoration and/or replacement of damaged City property. <br /> <br />4. No Interest in Land. Permittees understand, acknowledge and agree that this <br />Agreement does not create an interest or estate in Permittees' favor in the City Right- <br />Of-Way. The City retains legal possession of the full boundaries of its Right-Of-Way <br />and this Agreement merely grants to Permittees the personal privilege to occupy and <br />use the City Right-of-Way as described above throughout the term of this Agreement. <br /> <br />5. No Vested Right. Notwithstanding any expenditure of money, time and/or labor by <br />Permittees, this Agreement shall in no event be construed to create an assignment <br />coupled with an interest or any vested rights in favor of Permittees. Permittees shall <br />expend any time, money or labor at Permittees' own risk and peril. <br /> <br />6. Insurance. Permittees shall maintain at all times during the term of this Agreement , at <br />Permittees' sole cost and expense, the following insurance policies: <br /> <br />a. Comprehensive General Liability- Coverage on an occurrence basis from an <br />insurance company licensed with the State of Indiana with at least a $5,000,000.00 <br />combined single limit coverage on all risks. <br /> <br />b. Workmen’s Compensation – Statutory State of Indiana Employer’s Liability - <br />$100,000.00 <br /> <br />c. Auto Liability – Bodily Injury and Property Damage combined single limit- <br />$1,000,000.00. <br /> <br />The City shall be named as an additional named insured on the Commercial General <br />Line insurance policy Certificate of Insurance and Permittees shall provide the City <br />with a Certificate of Insurance evidencing the same prior to the commencement of the <br />activities contemplated under this Agreement. This insurance shall apply as primary <br />insurance with respect to any other insurance or self-insurance programs afforded to <br />the City. There shall be no endorsement or modification of this insurance to make it <br />excess over other available insurance. Alternatively, if the insurance states that it is <br />excess or prorated, it shall be endorsed to be primary with respect to the City. <br /> <br />7. Compliance with Law. Permittees shall adhere to and comply with all ordinances, laws, <br />rules and regulations that may pertain to or apply to the activities contemplated under <br />this Agreement. Permittees agree and warrant that they have procured or shall procure <br />any licenses, permits or like permission required by law, if any, to conduct or engage <br />in the Agreement activity, that Permittees will procure all additional licenses, permits <br />or like permission hereinafter required by law during the term of this Agreement, and <br />that Permittees will keep the same in full force and effect during the term of this <br />Agreement. Permittees shall perform under this Agreement in accordance with all <br />applicable legal requirements as of effective date. <br />
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