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-1- <br />RETAINING WALL AND MAINTENANCE CONSTRUCTION AGREEMENT <br />THIS RETAINING WALL CONSTRUCTION AND MAINTENANCE <br />AGREEMENT (“Agreement”) is entered into on this 17th day of December 2024, by the <br />City of South Bend, Indiana, acting through its Board of Public Works (“City”), HDJ <br />Investments, LLC, an Illinois Limited Liability Company with an address of 1571 Crabtree <br />Lane, Deerfield, IL 60015 (the “Owner”), and R Squared Enterprises LLC, an Indiana Limited <br />Liability Company with an address of 52565 Quincy Street, Granger, IN 46530 (the “Buyer”). <br />WHEREAS, the City holds title to the public right of way (R.O.W.) along South Bend <br />Avenue, and desires to make improvements as set forth in Exhibit A (“Project Area”), which is <br />attached hereto and incorporated herein by reference; and <br />WHEREAS, Owner’s property is located within and immediately adjacent to the Project <br />Area with street addresses of 619 and 627 South Bend Avenue (collectively the “Private <br />Property”) within the City; and <br />WHEREAS, the Buyer has a land contract on the Private Property; and <br />WHEREAS, the City desires to make improvements in its R.O.W. which impacts the <br />Private Property by resolving a grade differential between the Private Property and the R.O.W.; <br />and <br />NOW, THEREFORE, for and in consideration of other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as <br />follows: