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SIDEWALK CONSTRUCTION AGREEMENT <br />This Sidewalk Construction Agreement ("Agreement") is made effective the __ <br />day of----� 2023 by and between the Toyo Seiko North American Inc. (the <br />"Owner") and the City of South Bend, by and through its Board of Public Works, a <br />municipal corporation existing under the laws of Indiana (the "City"), with offices located <br />at 227 West Jefferson Boulevard, South Bend, Indiana 46601. <br />RECITALS <br />A.WHEREAS, pursuant to I.C. 36-9-6-2, the City Board of Public Works has <br />supervisory authority over the City streets, alleys, sewers, public grounds, and other City ROW. <br />B.WHEREAS, pursuant to Chapter 18 of the Municipal Code of the City ofSouth Bend ("Code"), the City 36-9-6-13, the City has the express authority to control and <br />supervise sidewalks throughout the City. <br />C.WHEREAS, Section 18-35 of the Code outlines the duty of an abuttingproperty owner to construct or repair a sidewalk bordering an owner's property in a manner consistent with the Code at the sole expense of the property owner. <br />D.WHEREAS, the Owner holds fee title to the real property located at 3585 <br />Moreau Ct. ("Property"). <br />E.WHEREAS, upon review of the plans for the improvements proposed for theProperty, the City advised Owner that a public sidewalk is required for the Property. <br />F.WHEREAS, the Property does not currently have a sidewalk, there is nosidewalk adjacent to the Property boundaries, and the nearest public sidewalk to the Property is located at 5229 Nimtz Parkway, approximately 3,000ft from the Property. <br />NOW, THEREFORE, in consideration of the obligations, terms and conditions <br />contained herein, the adequacy of which the parties expressly acknowledge, Owner and the <br />City agree as follows: <br />1. <br />2. <br />Recitals True. The above recitals are true. <br />Installation of a idewalk. on the Property. <br />(a)The installation of a public sidewalk on the Property shall not be required unless <br />and until a public sidewalk is installed on either of the properties that are <br />contiguous to the Property's boundaries ("Adjoining Properties"). <br />(b)The absence of a public sidewalk on the Property prior to the installation of a <br />public sidewalk on one of the Adjoining Properties shall not be the basis for a <br />9th. <br />May