Laserfiche WebLink
This Sidewalk Construction Agreement (“Agreement”) is made effective the _27th_ <br />day of __May__, 2025 by and between Blueprint, LLC (the “Owner”) and the City of South <br />Bend, by and through its Board of Public Works, a municipal corporation existing under the <br />laws of Indiana (the “City”), with offices located at 227 West Jefferson Boulevard, <br />South Bend, Indiana 46601. <br />RECITALS <br />A.WHEREAS, pursuant to I.C. 36-9-6-2, the City Board of Public Works hassupervisory authority over the City streets, alleys, sewers, public grounds, and other City ROW. <br />B.WHEREAS, pursuant to Chapter 18 of the Municipal Code of the City ofSouth Bend (“Code”), the City 36-9-6-13, the City has the express authority to control and supervise sidewalks throughout the City. <br />C.WHEREAS, Section 18-35 of the Code outlines the duty of an abuttingproperty owner to construct or repair a sidewalk bordering an owner’s property in a manner consistent with the Code at the sole expense of the property owner. <br />D.WHEREAS, the Owner holds fee title to the real property located at 7775Cleveland Road (“Property”). <br />E. WHEREAS, upon review of the plans for the improvements proposed for theProperty, the City advised Owner that a public sidewalk is required for the Property. <br />F.WHEREAS, the Property does not currently have a sidewalk, there is nosidewalk adjacent to the Property boundaries, and the nearest public sidewalk to the Property is located at 6840 Nimtz Parkway, approximately 3,100ft from the Property, and the parcels immediately east and west of 7775 Cleveland Road are in St. Joseph County’s jurisdiction. <br />NOW, THEREFORE, in consideration of the obligations, terms and conditions <br />contained herein, the adequacy of which the parties expressly acknowledge, Owner and the <br />City agree as follows: <br />1. Recitals True. The above recitals are true. <br />2. Installation of a Sidewalk on the Property. <br />(a) The installation of a public sidewalk on the Property shall not be required unless <br />and until a public sidewalk is installed on either of the properties that are <br />contiguous to the Property’s boundaries (“Adjoining Properties”).