RIGHT OF ENTRY AGREEMENT. This Right of Entry Agreement (“Agreement”) is made and entered into by the Blue Diamond Revocable Trust, 4110 Ritterskamp Court Indianapolis, IN 46250-2271, (“Landowner(s)”) and the City of Indianapolis, Department of Public Works (“City”). RECITALS A. Landowner(s) is/are the owner(s) of the real estate located at 4110 Ritterskamp Court in Indianapolis, Indiana (“Real Estate”). B. City desires to enter upon and utilize the Real Estate to perform the activities which are described in Exhibit “A” attached hereto, and by this reference incorporated herein for all purposes (“Work”). C._Landowner(s) have no objection to the City or its authorized agent performing the Work on the Real Estate. D. _Landowner(s) and the City agree that it is mutually beneficial for the City to perform the Work at this time, and the Work may begin any time after this Agreement is fully executed by the Landowner(s) and the City. 1. The Landowner hereby grants to the City or its authorized agent an irrevocable right to enter upon the lands and premises comprising the Real Estate at any time within a period of sixty (60) days from the date of this Instrument in order to perform the Work described in Exhibit “A”. 2. This Right of Entry includes the right of ingress and egress on other abutting or adjacent lands of the Landowner not described below, provided such ingress and ‘egress is necessary and not otherwise conveniently available to the City or its authorized agent. 3. All tools, equipment, buildings, improvements, and other property taken upon or placed upon the land by the City or its authorized agent shall remain the property of the City or its authorized agent and may be removed by the City or its authorized agent at any time within a reasonable period after the expiration of this permit or Right of Entry. 4. The City or its authorized agent shall have the right to patrol and police the lands hereinafter described during the period of this Right of Entry. E, _ Each undersigned signatory to this Right of Entry Agreement represents that he and/or she has all requisite legal authority to enter into this Right of Entry Agreement on behalf of the Landowner. Page 1 of 5AGREEMENT NOW, THEREFORE, in consideration of the above representations, mutual benefits, promises, the City and Landowner(s) agree as follows: 1. 3. ‘The Recitals set forth above are hereby incorporated into this Agreement as though set forth within the numbered paragraphs following. Landowner(s) grant the City or its authorized agent a Right of-Entry within, on, and across the Real Estate to provide for the completion of the Work described in Exhibit on” This Right of Entry and Agreement shall be effective when fully executed by the Landowner(s) and the City. Landowner hereby grants the City, its contractors and employees and any affected public utilities a Right of Entry. ‘This Agreement shall constitute said Right of Entry. ‘The City or its authorized agent will perform the Work on the Real Estate in a workmanlike manner, This Agreement is binding on the City and the Landowner(s), their heirs, successors, representatives, and devisees and shali inure to the benefit of their respective parties, Page 2 of 5th/ WITNESS WHEREOF, we fies have executed this Agreement this 27 day of ‘ 2 This said Agreement consists of a total of five (5) a The “| Diamond Revocable Trust aa Revocable Trust Date: Apel 27, 2009 oa lS Loui STATE OF INDIANA ) ) Ss: COUNTY OF MARION ) Before me, a Notary Public in and for the State of Indiana, personally appeared Nancy A. Daw and Stephen L. Hoback, Trustees acting in their capacity as Trustees on behalf of The Blue Diamond Revocable Trust, who acknowledged the execution of the foregoing Right of Entry Agreement. ‘Witness my hand and Seal this__ 277 dayof_Ape.t 2024 Sort ao B-14- 2014 Notary Public My Commission Expires, “Teos A Funny Ham: Hos Count Printed County of Residence ~ rnin ses. TODA FLYNN NOTARY PUBLC = NDNA HaMnTon COUNTY Page 3 of 5CITY OF INDIANAPOLIS DEPARTMENT OF PUBLIC WORKS hela Director By: Kyle C. Walker, Deputy Director of Policy and Planning Ffe8 [2004 Dai te APPROVED AS TO LEGAL FORM: Owe Andrea L. Brandes Assistant Corporation Counsel Office of Corporation Counsel STATE OF INDIANA ) COUNTY OF MARION ) Before me, a Notary Public in and for the State of Indiana, personally appeared Kyle C. ‘Walker, who acknowledged the execution of the foregoing Right of Entry Agreement. Witness my hand and Seal this 28° aayor_Apys| 2005 credo Pecan fpe lL 1s, 204 Notary Ppiblic My Ci ission Expires: Jenifer Pa i Mane Printed County of Residence Page 4 of 5 ‘This instrument was prepared by Andrea L. Brandes, Assistant Corporation Counsel, City of Indianapolis, Office of Corporation Counsel, Indianapolis, Indiana 46204. |Laffirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Andrea L. Brandes, Attomney-at-LawEXHIBIT A ‘The work to be completed under this Right of Entry Agreement includes the following activities: 1 Inspect and examine that portion of the Real Estate abutting the public right-of-way of Ritterskamp Court, Indianapolis, Indiana, ‘Take measurements of the general area. Perform excavation of the general location of a beehive drainage structure and remove said sigucture from the Real Estate, relocating to existing City right-of-way if conditions permit. Backfill the excavated area. Restore the Real Estate disturbed by excavation with fresh pulverized topsoil and a grass seed and straw matting. Page 5 of 5