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Recorded by; Meridian Title <br />09/25/02 <br />Record #: 0251258 <br />REVOKABLE PERMIT <br />RECOGNITION OF ENCROACHMENT UPON CITY -CONTROLLED PROPERTY AND <br />PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME <br />Notice to: Davis & Groome Partnership <br />herein, the "Applicant" <br />The encroachment will be permitted to remain and continue under the following terms and conditions: <br />I) Until such time as the BOARD OF PUBLIC WORKS of the City of SOUTH BEND shall determine that such <br />encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; <br />2) Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of the <br />portion of the right-of-way; <br />3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions. <br />4) In the event of destruction of the building which occupies aforesaid encroachment, this permit shall become null and <br />void. <br />5) The City of SOUTH BEND shall not be liable to Applicant for any damages caused to Applicant that arise out of or <br />is incidental to any activity and/or incidences authorized by this permit. <br />6) In consideration of the granting of this Permit by the BOARD OF PUBLIC WORKS, Applicant shall indemnify, hold <br />harmless and defend the City of SOUTH BEND ("City") from and against any and all actions or causes of action, <br />claims, demands, liabilities, losses, damages or expenses of whatsoever kind and nature, including attorney's fees, <br />which the City may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason <br />of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with <br />any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or <br />which the City may sustain or incur in connection with any litigation, investigation, or other expenditures incidental <br />thereto, including any suit instituted by the City to enforce the obligation of this agreement of indemnity. <br />It is the intent of the parties hereto that the Applicant shall indemnify the City under this indemnification clause to the <br />fullest extent permitted by law, except that Applicant shall not indemnify City for any damage or expense caused by <br />the sole negligence of City. <br />This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned ??? <br />APPROVED BY THE J30ARD OF PUR61C NV RKS THIS DAY OF <br />,44-&-/M 0 <br />Gary Gilot, P.E., President Carl P. Littrell, P.E., Member Don Inks, Member <br />STATE OF INDIANA ) <br />) ss: <br />COUNTY OF SOUTH BEND ) <br />Before me, the undersigned, a Notary Public in and for said county and state personally appeared, Gary A. Gilot, Carl <br />P. Littrell, and Don Inks persorially known tom to be members of the BOARD OF PUBLIC WORKS, and acknowledged <br />execution of the above this ZiC day of <br />Notary Pub c <br />My Commission Expires: Q Residing in St. Joseph Co., Indiana <br />• • . . . . • • . • . • • • • • . • • . • • • • • • • . • • • • • <br />ACCEPTANCE OF TERMS AND CONDITIONS <br />I accept and agree to be bound by all of the terms and conditions of this permit. <br />r:\Data\Share\Engineering\WPdaMenc roach men imp d <br />