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DEDICATED IMPROVEMENTS AGREEMENT <br />This Dedicated Improvements Agreement (the "Agreement") is made on this _18_ day of <br />November_ of _2024,_by and between the City of South Bend, Indiana, an Indiana municipal <br />corporation (the "City"), acting by and through its Board of Public Works (the "Board"), and <br />Panaderia y Supermercado San Miguel, Inc., d.b.a. Mor Mex, a _corporation_ with an address of <br />2401 W Western Ave, South Bend, IN 46619_ (the "Owner"), in order for the Owner to <br />temporarily occupy and construct or re -construct dedicated improvements in the public right-of- <br />way (the "R.O.W.") along _Olive Street within the City's municipal boundaries (the "Project <br />Area"). <br />WHEREAS, the City holds title to the Project Area, including the R.O.W.; and <br />WHEREAS, Owner's project site is located at the property with address of 2401 <br />Western Avenue_ within the City; and <br />WHEREAS, pursuant to the City's municipal code, the City's Engineering Department <br />has granted Owner a permit for the temporary occupancy and a partial temporary closure of the <br />Olive Street R.O.W. and Western Avenue R.O.W. in order to facilitate <br />construction of Owner's project adjacent thereto; and <br />WHEREAS, in connection with the needs of Owner's project, Owner desires <br />to reconstruct sidewalk, remove brick pavers, add tree lawn, and improve street light <br />foundations_; and <br />WHEREAS, Owner intends to repair and/or replace the sidewalks, trails, curbs, lighting, <br />landscaping, trees, brick pavers, and drive approaches, and patch the roadway in the R.O.W. <br />("Dedicated Improvements") as more particularly set forth on Exhibit A, which is attached hereto <br />