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AGREEMENT <br />THIS AGREEMENT is made and entered into this day of <br />2013, by and between the City of South Bend, Indiana, acting by and through the <br />Board of Public Works, hereinafter referred to as the "OWNER ", and DLZ Indiana, LLC, <br />2211 East Jefferson Blvd., South Bend, IN 46615, hereinafter referred to as the <br />"ENGINEER ". <br />WITNESSETH <br />WHEREAS, the OWNER desires to contract for Right of Way Engineering, <br />Staking and Acquisition Services for two (2) parcels along Bowen Street; and, <br />WHEREAS, the ENGINEER has expressed a willingness to perform said design <br />services as set out in Appendix "A; and, <br />WHEREAS, the parties hereto agree that said ENGINEER shall provide the <br />services and documents, hereinbefore and hereinafter described, in relation to the <br />following described project: <br />The purpose of this project is to provide right of way engineering, staking and <br />acquisition services to include legal description and boundary survey preparation, <br />right of way staking, appraisal problem analysis, appraisals, appraisal review, <br />negotiation and acquisition coordination, closing and recording activities for two <br />(2) parcels of right of way to be acquired from existing commercial properties <br />located along Bowen Street. Refer to Exhibit 1 for the identification of parcels <br />from which right of way is to be acquired. <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained, <br />the parties hereto mutually covenant and agree as follows: <br />Section I. Basic Services by ENGINEER <br />The basic services to be provided by the ENGINEER under this Agreement are <br />as set out in Appendix "A ", attached to this Agreement, and made an integral part <br />hereof. <br />Section II. Information and Services to be Furnished by the OWNER <br />The information and services to be furnished by the OWNER are as set out in <br />Appendix "B ", attached to this Agreement, and made an integral part hereof. <br />Section III. Notice to Proceed and Schedule <br />Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement <br />August 2013 <br />Page 3 of 10 <br />