Dedicated Improvements Agreement - Temp. Asphalt Drive – Beacon Health System Memorial Hospital

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MEMORIAL HOSPITAL DEDICATED IMPROVEMENTS AGREEMENT This Beacon Health System Memorial Hospital Dedicated Improvements Agreement (the "Agreement") is made on this _2_nd day of _January_ 2023 by and between the City of South Bend, Indiana, an Indiana municipal corporation (the "City"), acting by and through its Board of Public Works, and Beacon Health System Memorial Hospital, an Indiana 501(c)3 organization with an address of 615 N Michigan Street, South Bend, Indiana 46601 (the "Owner"), in order for the Owner to temporarily occupy and construct or re-construct dedicated improvements in the public right-of-way (the "R.O.W.") along Bartlett Street and Main Street, adjacent to Owner's project site within the City's municipal boundaries (the "Project Area"). WHEREAS, the City holds title to parts of the Project Area, namely the R.O.W.; and WHEREAS, Owner's project site is located at the property commonly known as Memorial Hospital, 615 N Michigan Street within the City; and WHEREAS, pursuant to the City's municipal code, the City's Engineering Department has granted Owner a permit for the temporary occupancy and a partial temporary closure of the Bartlett Street R.O.W. in order to facilitate construction of Owner's project adjacent thereto; and WHEREAS, Owner intends to repair and/or replace the trees and tree lawn, curbs, sidewalks, and traffic signage in the R.O.W. ("Dedicated Improvements") as more particularly set forth on E xhibit A, which is attached hereto and incorporated herein by reference, upon the completion of its temporary occupancy or use of or in the relevant R.O.W.; and WHEREAS, the City desires that the public utilities, including water main, sanitary sewer, storm sewer, and street lighting, remain protected from damage and accessible for maintenance during