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AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEMENT <br />This AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEEMENT (the <br />“Agreement”) is made and entered into this ___ day of ____________ 2023 (the <br />“Effective Date”), by and between the City of South Bend, Indiana, a municipal <br />corporation, by and through its Board of Public Works (hereinafter, the “City”), and <br />Vision Realty Int’l, LLC(“Vision Realty”). The City and Vision Realty are sometimes <br />collectively referred to herein as the “Parties” and individually as a “Party”. <br />RECITALS: <br />WHEREAS, the City owns and operates a network of sanitary, storm, and <br />combined sewer pipes that carry storm water to collection facilities or the St. Joseph <br />River, sanitary sewage to the City’s wastewater treatment plant; and in permitted wet <br />weather demands the combined sewer will carry overflows of both to the St. Joseph <br />River, and <br />WHEREAS, Vision Realty owns certain real estate in fee simple located at 116 <br />East Northshore Drive, South Bend, Indiana (“Property”); and <br />WHEREAS, the City owns and operates two storm water sewer lines located in <br />the front lawn of the Property; and <br />WHEREAS, the location of the storm water sewer and combined sewer lines on <br />the Property are subject to a prescriptive easement; and <br />WHEREAS, the combined sewer line located between the residence and the <br />garage (“Combined Sewer Line”) is damaged and requires immediate repair in order <br />to avoid sewer backflows and further bank degradation in this residential area; and <br />WHEREAS, the City recognizes that it is the sole owner of the sewer <br />infrastructure and that all maintenance and repair is the sole responsibility and cost of <br />the City; and <br />AGREEMENT: <br />NOW, THEREFORE, for and in consideration of mutual promises and <br />undertakings set forth herein, the City and Vision Realty agree as follows: <br />1.The Project. The City, or its designee, shall repair and/or replace in full, the <br />Combined Sewer Line. All efforts will be made to avoid disturbing any structure <br />currently situated on or near the Combined Sewer Line during such repairs. To <br />24th. October,