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ROW Occupancy & Encroachment Agreement - House Move 211 W. Marion St. – Wolfe House Movers & IN Landmarks
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ROW Occupancy & Encroachment Agreement - House Move 211 W. Marion St. – Wolfe House Movers & IN Landmarks
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5/14/2024 4:21:22 PM
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5/14/2024 4:21:10 PM
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Board of Public Works
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Contracts
Document Date
5/14/2024
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1 <br />RIGHT-OF-WAY OCCUPANCY <br />AND ENCROACHMENT <br />AGREEMENT <br />This Right-of-Way Occupancy and Encroachment Agreement (hereinafter the <br />"Agreement") is made and entered this 14th. day of May, 2024 (“Effective Date”), by and <br />between the City of South Bend, Indiana (the “City”), a municipal corporation, through its <br />Board of Public Works, and Wolfe House Movers of Indiana, LLC, with a principal office <br />location at 10 Birch LN, Bernville, PA 19506 and an Indiana office location at 117 W. State <br />Road 114, North Manchester, Indiana 46962 and Historic Landmarks Foundation of Indiana, Inc., <br />d/b/a Indiana Landmarks, 1201 Central Avenue, Indianapolis, Indiana 46202 (collectively referred <br />to herein as the “Permittees”), each a party and collectively the parties. <br />Recitals <br />WHEREAS, the Permittees desire to occupy and utilize portions of the City’s Right-Of- <br />Way to transport a house (the “Property”) from a parcel of land located at 211 West Marion <br />Street, South Bend, Indiana 46601 (“Current Location”) to a parcel located at 402 West Navarre <br />Street, South Bend, Indiana 46601 (“New Location”), as more particularly described and <br />depicted on Exhibit A, incorporated herein by reference and attachment; and <br />WHEREAS, the City has agreed to grant Permittees a temporary and non-exclusive <br />privilege to occupy and use City Right-Of-Way to transport the Property in accordance with the <br />schedule and route specified in Exhibit A (“Approved Schedule and Route”), and in accordance <br />with and subject to the terms, conditions and limitations of this Agreement. <br />NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations <br />contained herein, and other good and valuable consideration received by each party, the <br />sufficiency of which is hereby acknowledged, the parties agree as follows: <br />1.Incorporation of Recitals. The foregoing recitals are hereby incorporated into this <br />Agreement in their entirety. <br />2.Grant of Permit. The City hereby grants to Permittees a temporary and non-exclusive <br />personal privilege and permission to enter upon the City Right-Of-Way in accordance <br />with the Approved Schedule and Route to transport the Property to the New Location, <br />as described and depicted on Exhibit A, and subject to the following terms and <br />conditions: <br />Permittees’ Responsibilities <br />a.Provide the City with pre- and post-transport photos and video of the truck route <br />area for damage assessment. Permittees will provide the City with a written <br />summary of existing damage for City’s confirmation and written concurrence,
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