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RIGHT OF ENTRY and <br />RIVERBANK STABILIZATION AGREEMENT <br />This Right of Entry and Riverbank Stabilization Agreement (the “Agreement”) is entered <br />into as of , 20 between the City of South Bend, Indiana, by and through <br />its Board of Public Works (the “Grantee”), and Paul S. Kochanowski, (the “Grantor”), the owner <br />of the property located as shown on the attached Exhibit B and described on the attached Exhibit <br />A, each a party and collectively referred to herein as the parties. <br />RECITALS <br />A.The Grantor attests that Grantor is the owner of the real property located as shown on the <br />attached Exhibit B and described on the attached Exhibit A (the “Property”), Tax <br />Identification Number: 71-08-02-205-015.000-026, and as more specifically described on <br />Exhibit A and depicted on Exhibit B, incorporated herein by reference and attachment. <br />B.GRANTEE wishes to stabilize the St. Joseph River riverbank, a portion of which is <br />located on GRANTOR Property, as more particularly depicted on Exhibit B, <br />incorporated herein by reference and attachment. <br />C.GRANTEE wishes to obtain authorization from GRANTOR to enter upon the Property <br />for the purposes of stabilizing the portion of the St. Joseph River riverbank that is located <br />on the Grantor’s Property. <br />NOW THEREFORE, in consideration of the mutual promises contained herein the parties have <br />agreed as follows: <br />AGREEMENT <br />1.Grant of Right of Entry: The Grantor hereby grants the Grantee, its employees, consultants, <br />contractors, agents and designees permission to enter upon the Property to perform the <br />work as described in the Recitals above and the exhibits (the “Work”). Grantor shall not <br />be responsible for any of the costs of the Work. Grantee shall direct and control all activities <br />pertaining to the Work and shall not impose, at any time, any charge or exaction against <br />Grantor. <br />2. Assumption of Risk: Grantee enters the Property and performs or causes to be performed <br />the Work at its own risk and subject to whatever hazards or conditions may exist on the <br />Property. <br />October 12 21