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Occupancy Permit - KRG Eddy Street Land II LLC
1316 COUNTY-Cn,y BUILDING 227 W. JEFFERSON BoULEVARD SOUTIt BEND. INDIANA 46601-1830 ��IRUYR_3114.110 January 23, 2018 Tony Halsey KRG Eddy Street Land II, LLC 30 South Meridian Street Indianapolis, IN 46204 PHONE 574/235-9251 FAX 574/ 235-9171 RE: Occupancy Permit — Eddy Street St. from Napoleon to Howard St. and St. Vincent St. from Georgiana Ave. to Alley West of Eddy St. Dear Mr. Halsey: The Board of Public Works, at its meeting held on January 23, 2018, approved the Long -Term Occupancy Permits for the above locations from March of 2018 to October of 2019, subject to a separate special agreement for the dedicated improvements in the public right-of-way. The Board set the bond in the standard amount of $5,000. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, -Y Clerk' Enclosure c: Sue Ellen Doudrick, Engineering Donna Hanson, Permit Manager GM�y A. GI LOT SUZANNA M. FRITZBER(i ELIZABE,rij A. MARADIK JAMEs A, MUFLU_,jz THERESE J. DORAU City of Sore h lend/Public Works 227 W, Jefterson 13[yd South Bencj, IN 46601 Application and Permit Allowing Extended Occupancy of Cify Right of Way Applicant: KRG Eddy Street Land 11, LLB Dole: 1 M 6/2018 Applicant Address: 30 South Meridian Street, Indianapolis, IN 46204 Project Site Ad dress: rdd$IroeLbOtwaen Napoleon& Howafd, at, Vincent between Georglaoand alloy west of Eddy, Note: Occuponcylimiteol to street(s) immed)ote)y In front of construct(op s1fe, Nature and extent of Occupancy (e,g,: proposed construction acilvitles, ecipipMebt proposed to occupy public rlght-of-yyq y, construction deliveries, etc.): Proposed construction, activities for construction of Eddy Street Comrnons Phase 11. U(114 insIcillation, read reconstruction, staging, construction deliveries, barriers for public safety considerations, Durolion of Occupanc ,,. March 2018. October 2019 Signature of Applicant: THE TERMS AND PROVISIONS OF CHAPTER 6, ARTICLES and CHAPTER 18, ARTICLE 7, Sec 18-62 OF THE SOUTH BEND MUNICIPAL,CODF-- ARE INCORPORATED HEREIN IN THEIR ENTIRETY, FAILURE TO COMPLY WITH IH81E PROVISIONS SHALL. RESULT IN CANCELLATON OF THIS PERMIT. THIS PINMIT SHALL BE CONDITIONED UPON THE- EXECUTION AND FILING WITH THE BOARD OF PuBuc- WORKS Cl A, BOND IN AN AMOUNT APPROVED BY THE BOARD OF PUBLIC WORKS, CONDITIONED,* INDEMNIFY, SAVE AND KEEP HARMLESS THE CITY OF SOUTH BEND, INDIANA, FROM ANY AND ALL LOSS, EXPENSE. COST OR LIABILITY or ANY Kfkl[)S WHATSOEVER WHICH THE CITY MAY SUFFER OR BE PUT TO FROM OR BY REASON OF ANY ACT OR THING DONE OR NEGLECT TO BE DONE OR BY VIRTUE OF THE AUTHORITY GIVEN IN SLICi-I PERMIT. TO BE COMPLEFFID BY CITY STAFF ONLY: — b (' Bond Arnount., $ 000, Date Bond I'llect: Compliance With CH 6, ART � Ond CH 18, ART7, Sec 18-62 of the Soulh Bend Municipal Code Fee Puid Dote Issued* Issued By: BOARD 01: PUBUC WQRKS PresaAd Member Member x. City of Soulh Bend Public Works Phone: 574.235.9251 Engineedrig Div'Won 4227 W, -'elfergon, Ccunly -Ily Bulldir)q 1316 Email: dhonson@southbendin.gov Sou th Bend, IN 4 e, 60 1 - 1830 TRAFFIC CONTROL AND OCCUPA=REQUEST "SUBMIT 5 WORKING DAYS MINIMUM PRIOR TO PROJECT START DATE PLAN YOUR START DATE ACCORDINGLY TO AVOID DELAY'S Complete I - 5 Incomplete Submittals Cannot Oe Processecl Parking: Lane Travel Lane Full Road Closure 11 Alley [] Sidewai< Closure b(i 2 W] Excavai lon /Boring? > Requires Excavation Form r--,-1 Construction? > Requires Curb Cut YJ application or sidewalk periflit 2 Submission Date: 1/16/018 Appl[coni /company: KING Eddy Street Land 11, LLC Name: Tony Halsey Emall Address: thalsey@kitereaIty.com Phone 4:,, (317) 713-5653 Office I TBD coo Contractor Performing Work: 3 On -Site Contact: 1_BD TOD Office Phone It: Call Project STREET ADDRESS (eg: 110 W, Smith RDJ: 1055-1145 N. Eddy Street Project Location f�Block lirnlis/Streets From and To): Requested Start & End Dates: March 2018-Octobar 201,9 Requested Stod & End Times: SB standard times Reason for Closure: Constructaon of Pliese 11 of Eddy Street Cornrrions . .. ... . . ... ............ . ................ 4 /VfoctedCustorners: 1006,-East St, VinQent Street, 1020 N. Frances Street, 1018 N. Frances Street - Colltrc'lctars are fespl')1150-)le fi"-v rsolving Safely �ssves and occess concerns with riffec,led cl)S)0('ra1S A TFACH THl FOLLOWING 1. Traif1c Control Plon 2. Detour['] an 3. Barricades, Signs, or Flashers Placerneni (Refer to MUTCO for Traffic Control Device Requirements) Failure to use traffic control for traffic restrictions or closures will result In stop work orders and/or delay In penrniff Ing. THIS OCCUPANCY PERMIT REQUEST IS NON -TRANSFERABLE AND A SIGNATURE SUBJECTS 1HE NAMED CONTRACTOR/PIERMITTEE TO ALI APPLICABLE RULES, DUTIES AND OBLIGATIONS IMPOSED BY THE CITY OF SOUTH BEND MUNICIPAL CODE AND TO ALL REGULATIONS IMPOSED BY THE SOUTH SEND BOARD OF PUBLIC WORKS. ' Applicant Signature h)4t1'g' Date ENGINEERING OFFICE USE ONLY: 11 Approved Approved as Noted Revise Not Approved Comments: City of South BendjEngineering Division Authorized Signaiure Date: Veislan 3.1110/24/20171 City of South Bend/Public Works rt�rrd227 W. Jefferson Blvd' 4 a South Bend, IN 46601 Application and Permit Allowing Extended Occupancy of City Right of Way Applicant: KRG Eddy Street Land 11, LLC Dole, 1/16/2018 ,Applicant Address: 30 South Meridian Street, Indianapolis, IN 46204 Project Site Address: Eddy Sheet batmen Napoleon & Howard. St, Vincent between Georglana and alley west of Eddy. Note: Occupancy IWI-ed to street(s) immediately in froinf of construction site. Nature and extent of Occupancy (e,g.: proposed construction activities, equipment proposed to occupy public right-of-way, construction deliveries, etc.): Proposed construction activities for construction of Eddy Street Commons Phase 11, Utility Installation, road reconstruction, staging, construction deliveries, barriers for public safety considerations. Duralion of Occupancy, March 2018 - October 2019 Signature of Applicant-!AfA V THE TERMS AND PROVISIONS OF CHAPTER 6, ARTICLES and CHAPTER 18, ARTICLE 7. Sec 18,-62 OF THE SOUTH BEND MUNICIPAL CODE ARE INCORPORATED HEREIN IN THEIR ENTIRETY, FAILURE TO COMPLY WITH THESE PROVISIONS SHALL RESULT IN CANCELLATON OF THIS PERMIT. THIS PERMIT SHALL BE CONDITIONED UPON THE EXECUTION AND FILING WITH THE BOARD OF PUBLIC WORKS OF A BOND IN AN AMOUNT APPROVED BY THE BOARD OF PUBLIC WORKS, CONDITIONED Tod INDEMNIFY, SAVE AND KEEP HARMLESS THE CITY OF SOUTH BEND, INDIANA, FROM ANY AND ALL LOSS, EXPENSE, COST OR LIABILITY OF ANY KINDS WHATSOEVER WI,1ICIA THE CITY MAY SUFFER OR BE PUTTO FROM OR BY REASON OF ANY ACT OR THING DONE OR NEGLECT TO BE DONE, OR BY VIRTUE OF THE AUTHORITY GIVEN IN SUCH PERMIT. TO BE COMPLETED BY CITY STAFF ONLY: Bond Amount,, qL� dO Date Bond Filed: Compliance with CH 6, ART and CH 18,, ART 7, Sec 18-62 of the South Bend Municipal Code Fee Paid Date Issued: BOARD OF PUBLIC WQRKS UL Member Issued By: Member Membd vw City of South Bend Public Works Phone: 574,23S.9251 Engineering Divi ion 4227 W. Jefferson, Cmnly Illy 5vilerng 1' 316 Email, d[)ansorAa)soUihbend1n.gov Sotllh Bend, IN 4U/JI-I830 TRAFFIC CONYROL AND 0CCUfA!yCYRCQUEST "SUBMIT 5 WORKING D,AYS MINIMUM PRIORTO PROJECT START DATE PLAN YOUR START DATE ACCORDINGLY TO AVOID DELAYS Coinplefe I - 5 Incomplete Submiffals Cannot Be Processed .1 Parking Lane Travel Lane Full Road Closure Alley Sidewalk Closure 2 Construction? > Requires Curb Cut Excovall Ion/ Boring? > Requires Excovatlon Form 7 —;t Submission Date: 1/16/2018 Applicant/Company: KRG Eddy Street Land 11, LLC Narne: Tony Halsey Email Address: thalsey@kItereaIty.corn Phone -9: (317) 7113-5663 0"Ice TBD call Contractor Performing Work: 3 TBD TOO (31fice On -Site Contact: Phone It: rall Project STREET ADDRESS (eg: 110 W. SmIth RD.): 1055-1145 N, Eddy Street, Project Location fBIock limlis/Streets From and Tod: s"A"a"t ';4"V'4f1 "aWouvl air aliqV."At w kvij Requested Start & End Dates: Mmrch2018-0dobar20'I9 Requested Starl & End Times: S13 standard times Reason for Closure: �Construofion of Phase 11 of Eddy Street Commons 4 ............. .......... . Affected Customers: 1006 East St, Vinoent Street, 1020 N. Frances Street, '1018 N. Frances Street - con4cu'-tors crrp responsib;p for rpsofvIng safefy ksons oncl access concerns witty (.Vfpc Ietq cusk)"IIPI'S ATTACH VIE FOLLOWING ITEMS, I . Troffic Control plan 2. Defour Plan 3. Rarricadas, Signs, or Flashers Placemeni (Rater to MUTCD for Traffic Control Device Requirements) Failure to use Itaffic control for traffic restrictions of closvres, will result In stop wotl( orders and/or delay In permitting. 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D r 1 � LU 0 1 1 LU biz CL nor v .� JE Z ® / 1affu 14 AOMORI _ 1 tr`//i 1 1 1 1 1 � 1 ® ®®— — — — — — v — a — — a PARKJNG LICENSE AGREEMENT This License Agreement (this "License") is entered into as of 15 -, 2014 (tile "Effective Date"), by and between KITE REALTY EDDY STREETGARAGE, LLC, an Indiana limited liability company (""Licensor"") and BARTON MALOW COMPANY, a Michigan corporation (111jeens "), .ge WITNESSET'H THAT: WHEREAS, Licensor owns that certain property located in South Bend, Indiana, and more particularly described on Exhibit A attached hereto and incorporated herein, which has situated thereon a 4-story parking garage (tile "oArW"); and WHE REAS, Licensor is willing to grant to Licensee a temporary, revocable, license to use those parking spaces located within the basement of the Garage (the "Basement Area"), and the roof of the Garage (tile "Roof Area", together with the Basement Area, the "Licensed Area"), for the pL1rPQSeS Set forth herein and subJect to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration ofthe mutual covenants and agreements set forth in this License, Licensor and Licensee do hereby agree as follows: Section 1. Recitals. The Recitals above are incorporated into this Agreement by reference and are true and correct in all material respects. Section 2. Grant. Upon the terms and conditions set forth herein, Licensor hereby grants to Licensee and Licensee hereby accepts froin Licensor the following (hereinafter, the "'Licensed Use"): (i) a temporary, revocable, non-exclusive license to allow Licensee's employees, customers, contractors, agents and business invitees (collectively, the "Periniffees") to use tile Roof Area for the sole purpose of parking private passenger motor vehicles therein (but not heavy duty trucks, motor homes, recreational vehicles, boats, trailers or vehicles that are too tall to fit into the Garage), and (ii) a temporary, revocable, exclusive license to allow Licensee's Pennittees to use the Basement Area for the sole purpose of parking private passenger motor vehicles therein (but not heavy duty trucks, motor homes, recreational vehicles, boats, trailers or vehicles that are too tall to fit into the Garage). Section 3. Use of Licensor. Licensor reserves the right to use and enjoy the Licensed Area for all purposes not inconsistent with the rights of Licensee as set forth in this License. Section 4. Term. The terra of this License shall commence on November 24, 2014 (the "Commencement Date") and expire oil August 31, 2017 (the "Term"). Notwithstanding anything contained herein to the contrary, Licensor or Licensee shall have the right to terminate and revoke this License with respect to the Roof Area, the Basement Area, or both, at any tune during the Terra upon 120 days' prior written notice to Licensee of such termination and revocation, Section 5. License Fee. Additional Costs. Licensee shall pay, without relief from valuation or appraisenient laws and without demand, counterclaim or set-off, a license fee for the use of the Licensed Area during the Term as follows (hereinafter, the "License Fee"): (i) ® for use of tile: Roof Area and (ii) for use of tile Basement Area, 1"he License Fee shall be payable in advance oil the first day of each month during the Term. At the time of execution of this License, Licensee shall pay to Licensor a prorated amount of tile License Fee for the calendar month in which this License is signed, based on the number of days remaining in such calendar month. Upon termination of this License, Licensor shall reimburse Licensee for any prepaid License Fee attributable to a period of time in which .this License shall not be in effect. In .addition to the License Fee, LiCensee shall be required to pay:the following to Licensor:(i) a fee in the amount :of for Licensoes issuance and delivery, on the: Commencement Date, of 500 garage access cards (tile "Access Cards"), to Licenseefor use by its Permittees, which amount shall be paid to Licensor on the Commencement Date, and.(ii) an amount equal. to the costs. incurred by. Licensor for snow removal :services performed with respect to the Roof Area, which amount shall be paid monthly within ten .(10). days after Licensors delivery to Licensee of an invoice.. therefore.. The Access. Cards shall be returned to Licensor upon termination of this license. Licensee shall be responsible for all .costs associated with .any damaged or, lost Access Cards and any necessary replacement thereof, including a for each replacement Access Card issued to Licensee or any of its; Permittees. Section G. SecurityDeposiL On the Commencement Date, Licensee sitiall nay Licensor `a security. deposit in .the aiuou. off (the "Security Deposit"}. The.Security Deposit shall be ]zeld:by Licensor as collateral security for the payment of the License l:ee and all :other monetary amoujlts due:and payable .by Licensee Hereunder, and for the faithful. performance .by Licensee of:all other obligations to Liceaaso • under:this Licensee, Licensee will .not be perMi.tted to use the Licensed. Area until Licensor has received the Security Deposit. The Security Deposit (less the sum of to be applied by Licensor for the clean-up of the. Basement Area upon expiration of the Tern) shall be returned to Licensee after the terrhi nation of this License .provided Licensee shall have made all such :payments and performed all such covenants and Agreements required bere►inder. 'In the event of any defauh by Licensee hereunder, Licensor shall : have the right, but .shall not be obligated, to apply or `retain all or airy portion of the Security Deposit in payment of Licensee's obligations to Licensor; but any such application or retention shall not have the effect of curing any such default. Whenever ally sum or sums of money..have been applied or retained from the Security Deposit, Licensee shall be required, within .ten (10) days following receipt of a request therefor from Licensor, to deposit additional money with Licensor, in order that at all times during the. Term there shall be continually deposited with Licensor a sum ;which shall never be less than the original Security Deposit amount. Section 7. Covenants of Licensee. During the Term, Licensee shall use the Licensed Area with ordinary care and .diligence, keep the Licensed Area in a treat .nd..safe condition. for the Licensed Use, and assure ,that the `Licensed Area remains clear of debris. Licensee shall not, .and shall not :permit ;its employees or invitees to: (i) use the Licensed: Area in :violation of any ordinance, statute, regulation, code, law, role or order of any governmental authority; (ii) make, or peiinit to.m be ade, any permanent alterations to the Licensed Area; (ii) permit anyone other than Licensee's Penn:lttees to;ttse or have access to the Licensed Area; (iv) use ;the Licensed Area foie any purpose 'other than the Licensed .Use; (v) cause or permit injury or waste to the Licensed Area; or (vi) allow to be brought onto or stored on the Licensed Area any explosive or flammable materials or any material .which is designated, classified, or regulated.as being ,a 'hazardous or toxic substance, material, 'pollutant, waste (or a similar such designation) under any federal, state or local law,:regulation or ordnance, tcluding uxder any enviroanxental law such as. the Comprehensive ;Environmental Response Compensation .and Liability Act (42. t 3..C. §9601:ef se .), the Emergency Planning. and CommunityRight-to-Know Act (42 U.S.C. 1 et the Hazardous Materials Transportation Act (49 U.S.C: § 1801 et sq.), or the Cleaii Air Act (42 U.S.C, `§7401 et M.).. Section 8. Condition of Licensed Area. Licensor represents that the Garage is in such condition and repair oil the Commencement Date as to (a) resider it fit for parking :private passenger vehicles in the Licensed Area, and (b) comply in all material respects with all applicable laws relating to the use of the Garage for parking private passenger vehicles. Except as . expressly provided in the preceding sentence, Licensee hereby accepts the Licensed Area in its "AS -IS" condition and state of repair as of the Commencement Date and acknowledges and. agrees that Licensor has not made, does not make and specifically negates and disclaims any representations or. warranties of any kind :or character Whatsoever, whether express or implied, oral or written, past, present or future, concerning or with respect to: (i) the condition or state of repair of the Licensed Area; (ii) the compliance or noncompliance of the Licensed Area with any applicable laws, regulations or ordinances; (iii) habitability, merchantability, or fitness for particular purpose of the Licensed Area; (iv) the suitability of the Licensed Area for any and all activities and rises which Licensee may conduct thereon; or (v) whether the Licensed Area contains harmful, hazardous or toxic substances or pertaining to tine extent, location or nature of same, or the condition of the Licensed Area, including, without limitation, water, soil and geology. Section 9. Indemnification. (a) By Licensee. Except as otherwise expressly provided in this Section 9, the conduct of the Licensed Use in the Licensed Area and the keeping of any personal property of Licensee or its Permittees (hereinafter, the "Licensee Proper ") therein shall be at Licensee's sole risk and Licensor sliall not be liable or responsible for any theft, damage or loss to property or any injury or death of persons in the Licensed Area. Licensee shall indemnify, defend and hold harmless Licensor, its members, officers, agents, representatives, tenants and their respective employees from and against all damages, liabilities, lawsuits or judgments arising from or connected with claims by third parties resulting from Licensee's use of the Licensed Area during the Term, including without limitation any damage or injury to person or property, except to the extent such damages, liabilities, lawsuits or judgments are the result of Licensor's gross negligence or willful misconduct. If Licensor shall become a party to litigation commenced by or against Licensee arising from or connected with Licensee's use of the Licensed Area during the Term for damage or injury to person or property, then provided such damages or costs arising out of such litigation are not the result of Licensor's gross negligence or willful misconduct, Licensee shall indemnify, defend and hold Licensor harmless from all damages or costs arising out of or in any way related to such litigation. In the event of any liability arising under this Section 9(a), Licensor shall use commercially reasonable efforts to notify and provide Licensee the opportunity to defend the saute, as may be reasonable under the circumstances. Licensee does hereby release Licensor from all liability for any accident, damage or injury caused to person or property in or about the Licensed Area occurring during the Term except to the extent such liability results fronn the gross negligence or willful misconduct of Licensor. (b) By Licensor. Licensor shall indemnify, defend and hold harmless Licensee, its officers, agents, representatives and their respective employees from and against all damages, liabilities, lawsuits orjudgments arising from or connected with .Licensor's ownership of the Gat -age to the extent such damages, liabilities, lawsuits or judgments are caused by Licensor's gross negligence or willful misconduct. If Licensee shall become a party to litigation commenced by or against Licensor arising from Licensor's gross negligence or willful misconduct, Licensor shall indemnify, defend and hold Licensee harmless from all damages or costs arising out of or in any way related to such litigation. In the event of any liability arising under this Section 9(b), Licensee shall use commercially reasonable efforts to notify and provide Licensor the opportunity to defend the same, as may be reasonable under the circumstances. c Survival. The provisions contained in this Section 9 shall survive the termination of this License. Section 10. Default and Remedies. In the event of a default by Licensee of any of its duties or obligations hereunder, Licensor may exercise any remedy available to it at law or in equity, including, without limitation, the immediate termination of this License and removal of any of the Licensee Property thereon. Upon any termination of this License, either pursuant to Section 4 of this License or this Section 10, cacti party hereto shall remain liable to the other party for any obligations that accrued prior to the termination date. In the event of a default by Licensee, Licensor may also elect to cure the default for Licensee after providing Licensee with specific notice of the default and a reasonable opportunity to cure the same. If, in. curing such default, Licensor. pays any sum of money or incurs.any expense, such suns or expense so paid or incurred shall be reimbursed by Licensee upon demand by Licensor. If any action or proceeding is brought by either party.a�ainst.the other pertaining to or arising out of this License, the final prevailin party shall be reinibursed by the losing party all costs and :expenses, including reasonable attorneys' fees; incurred. oil account of such action or proceeding. For purposes of this Section, the.term "prevailing .party" shall include, but not be limited. to, a party who obtains legal counsel or brings an action against tile other. by reason of the other's ;breach :or default and obtains substantially the relief sought whether by compromise., settlement or judgment. No waiver by Licensor or Licensee of any default or breach by the other of its obligations :hereunder shall be construed .to be a waiver or release of any other or subsequent default or breach hereunder; and no failure or delay by Licensor. or Licensee in the exercise of any remedy provided for lierein :shall be construed to constitute a forfeiture or waiver thereof or of any.other right or remedy available to such:party. Section 11. Insurance. a Licensee's Insurance. Prior to the Commencement Date,. Licensee. shall provide.to Licensor a Certificate of Insurance in. form reasonably acceptable to Licensor, indicating the existence in full force and effect of a commercial general liability insurance policy covering claims for liability for damages because: of any.loss, bodily injury, death or property dainage :arising aut.of the .use of the Licensed Area by Licensee's Permittees with a limit of liability :of at least�aer occurrence for bodily injury and property damage (the "Licensee's Insurance Policy".) Licensor'shall be..amed as an. Additional insured with respect to :the. Ucensee's .insurance Policy to the extent :of Licensee's indemnity obligations hereunder. Licensee shall maintain such insurance coverage in full force and effect, at its cost and expense, continuously at :.all times during the Term, And shall provide ,Licensor with evidence reasonably acceptable to Licensor from time to time, upon Licensor's written request, confirming that.such. insurance remains in effect. M Licensor's Insurance. Prior to the Commencement Date, Licensor shall provide to Licensee a CertificateofInsurance in. form:reasonably.acceptable to Licensee, indicating the existence in full force and :effect,of (i) a Commercial general liability insurance policy ;covering Claims for. liability for damages because of any loss, bodily injury, death or property :damage arising out of the Licensor's. ownership of the Garage with a limit of liability of at least �. per occurrence for bodily:iiVrY and property damage; :and (ii) a .property insurance policy coverage damage to the Garage itself and all portions :thereof, including but not limited to the Licensed Area (collectively the "Licensors Insurance Policies''.). Licensor shall maintain .such insurance coverages.in full force and effect, at its cost :and expense, continuously at all times during the Term,;and shall provide Licensee. with evidence reasonably acceptable to Licensee from time to time, upon Licensee's written request, confirming that such insurance remains in effect. (c) Mutual 'Waiver of Subrogation. The. Licensee's. Insurance. Policy and tile. Licensoe's Insurance Policies shall contain a clause pursuant to which the insurance. carrier wtiim all rights of subrogation against Iicensor and Licensee, as applicable, with respect to such policy, Section 12..Liens. Licensee. shall not ::cause or permit .tlle creation of any lien against the Licensed Area. for any cause or reason whatsoever, including labor, materials furnished, or services rendered at the request .of Licensee. In the event any such lien shall be.filed against the .Licensed Area, Licensee shall cause such lien to be released within tell ()0) clays after: Actual notice of the filing thereof. The provisions.con.tained in this Section shall survive the termination of this License. Section 13. Notice. Any notice required or permitted to be given by either party of this License shall be in writing, and shall be deemed to have been given when: (a) delivered in person to the other party; or (b) received by national overnight delivery service, addressed as follows: If to Licensor: Kite Realty Eddy Street Garage, LLC c/o Kite Realty Group 30 South Meridian Street Suite 100 Indianapolis, Indiana 46204 Attn: Alfredo Alvarado, Associate Asset Manager If to Licensee: Barton Malow Company 26500 American .Drivc Southfield, Michigan 48034 Attn: Neal Morton, Sr. Project Director or to such other address as either panty shall specify to the other by notice given as provided above. Section 14. Hold Over. In the event that Licensee does not remove all of the Licensee Property from the Licensed Area on or prior to the termination of this License, Licensee shall pay Licensor, $150.00 for each day that Licensee fails to remove any such Licensee Property. In addition, upon the termination of this License, Licensee shall, at Licensee's sole cost and expense, remove all of the Licensee Property and failing to do so, Licensor may cause all of said Licensee Property to be removed at the expense of Licensee and Licensee hereby agrees to pay all costs and expenses thereby incurred. Any damage to the Licensed Area caused by such removal shall be repaired by Licensee. At Licensor's option, if Licensee fails to remove all of the Licensee Property on or before the termination of this License then any and all of the same may be deemed the property of Licensor. The provisions contained in this Section shall survive the termination of this License. Section 15. Assignment. Licensee shall not be permitted to assign the rights and obligations of this License without the prior written consent of Licensor. Any such assignment shall be considered void and of no further force and effect. Section 16. Miscellaneous. This License shall be construed and enforced in accordance with the internal laws of the State of Indiana. This License contains the complete agreement of the parties with respect to the subject matter hereof, and shall supersede any written instrument or oral agreement previously made or entered into by the parties hereto. The undersigned persons executing this License represent and certify that they are an authorized representative of their respective party and are fully empowered to execute and deliver this License on behalf of their respective party. All of the representations, warranties, covenants and indemnity obligations of the parties hereto shall survive the termination of this License. This License, and all the terms and provisions hereof, shall inure to the benefit of and be binding upon the parties hereto, their successors and permitted assigns. No amendment or modification to this License shall be effective unless the same is in writing and signed by both Licensor and Licensee. This License may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one document. Faxed or electronic signatures of the parties upon this License shall have the same force and effect as original "ink" signatures. This License shall not be recorded, and shall not be construed to grant in Licensee any real property interest in the Licensed Area; rather, this License grants a right and license to Licensee which shall be deemed only a personal property right. [Signature page to follow.] IN WITNESS WHERE,OF, this License has been CXeCL]tcd by a duly authorized officer of each of the pat -ties hereto on the day and year first above written, LICENSOR: KITE REA TY ED Y STILE -T G AGE, LLC, an Indiana, firn'te lia i mpally By: Daniel R. Sink, Chief Fina&ial Off LICENSEE: BAR,TON MALOW COMPANY, a Michigan corporation By: Name: fft�e,4 Its: Exhibit A GARAGE PARCEL. A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT NUMBER 2 OF THE PLAT OF "EDDY STREET COMMONS MAJOR SUBDIVISION (SECTION ONE)" RECORDED AS DOCUMENT 4 0828220 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF ANGELA BOULEVARD THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE FOR THE NEXT THREE (3) COURSES, N. 88°23'08" E., 8.58 FEET, AND N. 65041.'36" E., 36.85 FEET, AND S. 89021'11" E., 242.69 FEET; THENCE S. 00°34'09" W., 237.32 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S. 89058'57" E., 290.53 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AND HAVING AN ARC DISTANCE OF 5.03 FEET, TO THE END OF A CHORD BEARING S. 01 °22'00" W., AND HAVING A DISTANCE OF 5.03 FEET, THENCE S. 00°38'39" W., 24.20 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET, AND HAVING AN ARC DISTANCE OF 62.63 FEET, TO THE END OF A CHORD BEARING S. 01 °08'50" E., AND HAVING A DISTANCE OF 62.62 FEET, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1000.00 FEET, AND HAVING AN ARC DISTANCE OF 16.44 FEET, TO THE END OF A CHORD BEARING S. 02-28-14" E., AND HAVING A DISTANCE OF 16.44 FEET, THENCE N.89°58'57" W., 69.99 FEET; THENCE S. 00°01'01" W., 140.67 FEET; THENCE N. 8905857" W., 355.42 FEET; THENCE N. 00°01'03" E., 248.92 FEET; THENCE S. 89058'57" E., 133.28 FEET; TO TIIE POINT OF BEGINNING. 7 113961054.4 To All Triangle Homeowners — At last week's Triangle Homeowner's Association meeting a number of questions arose regarding how and on what schedule Phase 11 of Eddy Street Commons will unfold, Kite Realty Group, the developer, has been planning to communicate the plan & schedule to Triangle residents and all other Northeast Neighborhood residents as well, but needed to have all of the key issues resolved before a complete communication was possible. With resolution in sight, Kite would like to offer neighborhood residents the opportunity to get a preview of the Phase 11 construction plan & schedule at 5.30 pm on Tuesday, October 101h in the Greets Roam at Innovation Park. Recall that this is the same location in which Kite met with neighborhood residents last December to share preliminary plans for Phase 11. We chose the 5:30 time to allow the most people to attend while not absorbing the entire evening. Please reserve October 10" on your calendar. A more complete invitation will be sent shortly to all neighborhood residents. Tim Sexton A good head and a good heart are always a formidable combination, - Nelson .Mandela A good head and a good heart are always a formidable combination. - Nelson Mandela contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard -copy version. Notre Dame, IN 46556 Tel: 574-631-1785 email: sexton.30rd),ndedu W UNIVERSITY COF NOTRE DAME OFFICE OF PUBLIC AFFAIRS AND COMMUNICATION 4o5 Main Building Timothy D. Sexton Notre Dame, Indiana Associate Wire PresUent for Public Affahs 46556-56o2 USA January 3, 2018 City of South Bend Division of Engineering 1316 County -City Building 227 W. Jefferson Boulevard South Bend, IN 46601 tel (5 74) 63 r- 17 8 5 fax (574) 631-3001 email sexton.3o@nd.ed" Re: Eddy Street Commons Phase 11 — Construction Closure of Eddy Street and St, Vincent Street To Whom It May Concerns This letter is to affirm that the University of Notre Dame ("University) understands and supports the request by Kite Realty Group ("Kite) to close Eddy Street and St. Vincent Street for a period of 20 months, beginning in March 2018 and concluding in late October 2019, While the closure of Eddy Street will undoubtedly cause some temporary inconvenience to the surrounding neighborhoods, such inconvenience is unavoidable during a construction project of this magnitude. Kite has worked closely with the University to explain their construction schedule and has modified their plans to the extent possible to mitigate impacts to residents and businesses. On October 10, 2017 Kite held an informational meeting at Innovation Park outlining the schedule for the project with neighborhood residents. The University was in attendance and fully supports Kite's plan. Thank you in advance for supporting a project that will provide a lasting benefit to the City of South Bend and the University of Notre Dame. Sincerely, /A - Tim Sexton Associate Vice President for Public Affairs .,/ KITN REALTY GROUP December 18, 2017 City of South Bend Division of Engineering 1316 County -City Building 227 W. Jefferson Boulevard South Bend, IN 46601 Re; Eddy Street Commons Long -Term Right -of -Way Occupancy To Whom it May Concern: 30 S. Meridian Street: Suite 1100 Indianapolis, IN 46204 3 17-577-5600 FAX 317-577-5606 kitereaftycom Kite Realty Group ("Kite") wishes to petition the South Bend Board of Public Works to allow Kite to occupy portions of the Rights -of -Way of Eddy Street, St. Vincent Street, and a certain north -south alley west of Eddy Street for a duration exceeding 90 days. Portions of R/W included in this request include: 1) Eddy Street between Napoleon Street and Howard Street 2) St. Vincent Street between Georgiana Avenue to 170' west of Eddy Street 3) A north -south alley located 170' west of Eddy Street, between St. Vincent Street and Howard Street. The purpose of this petition is to allow construction of Eddy Street Commons Phase II. Kite is requesting to close the above Rights -of -Way from public access for a period of 20 months beginning in March of 2018 and concluding in October of 2019, This duration is necessary in the interest of public safety and to allow for timely completion of the project. Kite is aware of the impact(s) this closure could have on neighboring streets, as well on access to existing shops open in Eddy Street Commons Phase 1. To that end, Kite has taken an active role engaging the Police Department, fire Department, Street Department, the University, and neighbors to minimize these impacts. Thank you for your time and consideration of this plan. Sincere , 2 �KMcGowan, President and COO Kite Realty Group KRG NYSE v� w tiro a Y � ' rs— m' �d ~I n a W. g m m wy m d ry CY v1 N � a X � tl m. rl Pi fV a A(5 tl{ E E E E - _ .9 A R R O R fn H H -� -„ N h H g•. N ! H N N H 0.n !, ttY5 N N Z�7 k7 H N N � �-{ cR-u 1}'t ! ".. `r 4f1 AdM 'r. H `r .-I "'� Cp `a '�-. H `-" ! O ; N j 6 N N M p �9' Aif An e-i N H N r{ H A� . r4 w C CCq C 01 CCq C© C LL C C W W W {/A C �--' h• G C. {J{ CL 11, Il ILL. LL Ci"{ N 41. AL. Il. LL 11 LL .,. YL AL �1� AFl Ln W Afi Z. p `r ! AID ! ! ! f11 491 {G 4P ^•. H M N m co a.o All MA'i 4fi Ny O 0 q O q 4 0 d d C 0 d = C0 C �, LL : h• CCo G CCC. cc CC CC G 2 ccC CCC CCq 2O C® VI p. m m at a m v A vw� �vn� turyry co�� �- m n. •-• -' A rt�+ pl f9 W! Y Y ury 1[ _Q : rt�tl 'O B m cn c� v -a v� c 3 -As a oa -o v o '� o '... o o ui '�'a N An I.. o w H' N'. '.. H O O H H O s# O CYS o. ,... O m O., H m tiff An H H R t✓A H m M w e� m d A p "inn" i kp ba 41 Qe C G Ni3 tlla N C 4Y m W O My O ? S Ic q C C Q to a E m c c� or}i a a vj ql 'C, o- O u io o U In 4'f ei m q l.5 c7 U,. w ifi a L'7 '` +• {fA m a- o <,1 AA "'� yd mn !� 2 XU N BOARD OF PUBLIC WORKS AGENDA ITEM IaWIEW REQUEST FORM HIMM. Sue Ellen Doudrick Department Department of PW Division/Bureau Engineering BPW Date 1-23-2018 Phone Extension 5922 Legal 0 Attorney Name: Clara McDani'els Controller E] Controller review is required for all Contracts $5,000.00, or more and greater than one year in length per the City Purchasing Policy Purchasing Michael Schmidt L Agreement Amendment H Contract L Proposal H Addendum F] Professional Services D Resolution R Bid Opening F-1 Bid Award El Req. to Advertise ❑ Title Sheet F-1 Quote Opening ❑ Quote Award 0 Change Order No. ❑ C/O & PCA No. F] PCA F] Ease/Encroach. Traffic Control. Long Term Occupancy Request F-1 Other: New Vendor MBEANBE Contractor MBEANBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of ❑ Kite Realty El Yes N No, F1 If Yes, Approved by Purchasing [:] MBE [:] WBE El No El Yes Name of Company Eddy Street Commons Phase 11 DP17-005 n/a n/a n/a n/a Long Term Occupancy Request for Eddy Street - see attachments for locations of closure and correspondence with adjacent residents. F1 Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Increase $ Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original F-1 F-1 F-1 ❑ El El