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Utility Agreement - IDS JonesIDOED UTILITY AGREEMENT The Board of Public Works and Safety of the City of Carmel, hereinafter referred to as the Board, and—IDS/Jones Growths /PartneT's'-87-A, Ltd. the Permittee, hereby agree that utility (fac.i.l-i-ties consisthg of Aerial and/or Underground Television Cables located at the following described location, intersection of 116th Street and Gray Road in Carmel, Indiana, are hereby granted permit to he located within the highway right-of-way in accordance with the attached drawings or if no drawings are attached the utility facility will be placed adjacent to the present utility facilities and within two feet of the right-of-way line as indicated on the plans for the proposed project. In consideration thereof the Permittee hereby agrees to abide by and conform with the following terms and conditions: 1. The above described utility facilities to be retained, installed, adjusted or relocated on, over, along or under the highway within the right-of-way limits will be located and accommodated in a manner that will not impair the planned highway, or its construction, or maintenance or interfere with its safe operation. 2. The Permittee hereby agrees to assume liability for making any necessary utility adjustments should future traffic conditions or road improvement necessitate when so requested by the Board and assume the cost thereof, except where Permittee has a compensable property right therein or where reimbursement of such costs is provided for by law. The Permittee further agrees to comply with the rules and regulations of the Board in servicing, maintaining, replacing and removing the above described facilities, and to obtain a permit before performing any of these functions on such facilities located within the highway right-of-way. 3. The Permittee shall save harmless and indemnify the Board from any claim for damages of any nature whatsoever arising out of Permittee's negligence in connection with any work done pursuant to this agreement. 4. During the progress of any construction undertaken within the limits of the said highway in pursuance hereof, the Permittee shall provide watchmen and flagmen as may be reasonably required by the Board for safety and convenience of the public and shall furnish all barricades, signs and lights reasonably necessary to protect the public. Traffic shall be maintained at all tunes unless otherwise indicated hereon by special endorsement of the Board's duly authorized representative. 5. All damage to drainage structures, roadbeds, pavements and other highway appurtenances arising from the installation, maintenance or repair of Permittee's utility facilities shall be repaired at expense of Permittee. No portion of the pavement of any highway shall be disturbed without prior permission of the Board. Upon completion of any work within limits of the highway all disturbed portions shall be replaced as nearly as practicable in as good a condition as they were when work was begun. 6. It is understood and agreed by the Board and the utility that the utilities shall comply with the "State of Indiana, Indiana Department of Highways, covering the Use and Occupancy of Public Highway Rights -of -Way by Utilities 1971." IDS/JONES GROWTH PARTNERS 87-A, Ltd., a Colorado limited partnership By: Jones, Intercable, Inc., its general partner Howard C. Olson Fund Vice President Authorized Rep. of Permittee a,e9 L y : Date: -2- BOARD OF PUBLIC WORKS AND SAFETY, CITY OF CARMEL Member STATEMENTS ABOUT EXISTING CONDITIONS OF UTILITIES There is no known involvement of utility companies or organizations located within the limits of this Contract. Statements of the status of all utility companies and organizations poten- tially involved with the work to be performed on this Contract are pro- vided below: (A) The facilities of exist within the limits of this Contract, but are not expected to be affected by the proposed construction. (B) The facilities of exist within the limits of this Contract and their facili- ties have been adjusted to accommodate construction. (C) The facilities of exist within the limits of this Contract and it is antici- pated that they will adjust their facilities for construc- tion on or before , 19 (D) The facilities of exist within the limits of this Contract. The utility will be able to complete its involvement with the Contract when the Contractor has completed in the location of such that the utility may adjust its facilities. It is anticipated that the utility will take approximately work days to adjust its facilities in this area. The facilities of IDS/Jones Growth Partners n7 A, Ltd. exist within the limits of this Contract. The utility will be able to complete its involvement with the Contract when Irrlianapolis Power & Light has completed Relocation of their Facilities in the location of 116th and Gray Road such that the utilitymay adjust its facilities. It is anticipated that the utility will take approximately 5 work days After Relocation to adjust its facilities in this area.