Laserfiche WebLink
AUTHORIZATION FOR ENTRY UPON AND <br />THE TEMPORARY USE OF PROPERTY <br />THIS TEMPORARY ACCESS AGREEMENT is made effective the 1 Oth day of <br />October, 2017, by the City of South Bend, Indiana ("City") acting through its Board of Public <br />Works ("BPW") and Alan Neblung ("Owner"). <br />RECITALS <br />WHEREAS, the Owner owns certain property and improvements located at 3610-3614 <br />Western Avenue, South Bend, Indiana 46619 (the "Property"); and <br />and <br />WHEREAS, the Property shared a common wall with the abutting building ("Building"); <br />WHEREAS, the Building was lawfully demolished by the City; and <br />WHEREAS, upon the lawful demolition, it was discovered that the Property and the <br />Building had a common wall and such wall was left uncovered during the demolition; and <br />WHEREAS, City desires, in a show of good faith, to hire a 3d party contractor to cover <br />the Property's exposed wall; and <br />WHEREAS, the Owner is willing to permit the City and its agents access to and <br />temporary use of the Property in order to cover the Property's exposed wall subject to certain <br />terms and conditions set forth in this Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and for <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Parties agree as follows: <br />1. Owner grants to the City, its agents, contractors and employees, a temporary non- <br />exclusive right on, in and across the Property for the limited purpose of covering the exposed <br />wall. <br />2. In consideration of the City covering the Property's exposed wall, the Owner <br />agrees and undertakes to hold the City, the BPW, its agents, contractors, employees, successors <br />and assigns of each, free and harmless from any liability, loss, costs, damages or expenses, <br />including attorney's fees, which the City or the BPW may suffer or incur, as a result of any <br />claims or actions which may be brought by any person or entity arising out of this Agreement. If <br />any action, including an action from a Yd party, is brought against the City or BPW, its agents, <br />