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HomeMy WebLinkAbout#2976- Deed; REVOCABLE PERMIT Near Budget Car Rental, southeast corner of Sheridan Street and Lincoln Way West2�6 8/22/2005 Revocable Permit 18-2193-7238 Lincolnway West Steering Corrunittee Description: Near Budget Car Rental, southeast corner of Sheridan Street and Lincoln Way West Z `! 7 e REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME WHEREAS, the Lincoln Way West Steering Committee (the "Applicant") is desirous of improving the Lincoln Way West Commercial Corridor; and WHEREAS, the Board of Public Works of the City of South Bend (the "City') is desirous of assisting Applicant; NOW THEREFORE, the City hereby grants a Revocable Permit for the Applicant to install, maintain and remove a flower planter at the following location: Near Budget Car Rental, southeast corner of Sheridan Street and Lincoln Way West, property owned by the City and more particularly described in Exhibit 'A "to this document. The encroachment will be pennitted to remain and continue under the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS of the City of SOUTH BEND shall determine that such encroachment is in any way impairing or interfering with the street or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions. 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void. 5) The City of SOUTH BEND shall not be liable to Applicant for any damages caused to Applicant that arise out of or is incidental to any activity and/or incidences authorized by this permit. 6) In consideration of the granting of this Permit by the BOARD OF PUBLIC WORKS, Applicant shall indemnify, hold harmless and defend the City of SOUTH BEND ("City") fiom and against any and all actions or causes of action, claims, demands, liabilities, losses, damages or expenses of whatsoever kind and nature, including attorneys fees, which the City may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this pen -nit and/or any activities and/or incidences incidental thereto, or which the City may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the City to enforce the obligation of this agreement of indemnity. 7) It is the intent of the parties hereto that the Applicant shall indemnify the City under this indemnification clause to the fullest extent permitted by Iaw, except that Applicant shall not indemnify City for any damage or expense caused by the sole negligence of City. This approval shall be binding upon everyone past or present, claiming any -interest in and to the aforementioned property. APPROVED BY THE BOARD OF PUBLIC WORKS THIS DAY OF , 2005. r AUG 2 2 2005 Gary Gilot, P.E., President Carl P STATE OF INDIANA } ) ss: COUNTY OF ST. JOSEPH ) Littrell P.E., Mem er;-Dona d Inks, ember ti Before me, the undersigned, a Notary Public in and for said county and state personally appeared, Gary A. Gilot, Carl P. Littrell, and Don Inks personally known to me to be members of the BOARD OF PUBLIC WORKS, and acknowledged execution of the above thisday of G S , 2005. Notary Public My Commission Expires: 4 Residing in St. Joseph Co., Indiana ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit LINCOLN WAY WEST S ERING COMXaTTEE By: !l Its: J �'i� EXHfBIT A Near Budget Car Rental: southeast corner of Sheridan Street and Lincoln Way West Tax ID #18-2193-7238 PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. BEGINNING AT THE NORTHWEST CORNER OF LOT 6, ROCKSTROH'S SUBDIVISION (UNRECORDED) AND THE SOUTHEAST CORNER OF SHERIDAN STREET AND LINCOLN WAY WEST; THENCE NORTHEAST PERPENDICULAR TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 17 FEET; THENCE SOUTHEAST PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 30 FEET; THENCE SOUTHWEST PERPENDICULAR TO THE SOUTH RIGHT-OF-WAY OF LINCOLN WAY WEST A DISTANCE OF 17 FEET: THENCE NORTHWEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 30 FEET TO THE PLACE OF BEGINNING.