ROW Occupancy & Encroachment Agreement - House Move 211 W. Marion St. – Wolfe House Movers & IN Landmarks

Home Browse Search

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