Agreement - Selge Construction Co - Donation of Transporting 7 Modular Bldgs from Ivy Tech to a City Location

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DONATION OF SERVICES AGREEMENT THIS DONATION OF SERVICES AGREEMENT (the "Agreement") is made effective as of the Prday of March, 2018, by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the "City"), and Selge Construction Co., Inc. (the "Contractor" and collectively with the City, the "Parties"). RECITALS: A. The City has entered into a Modular Building Transfer Agreement, dated as of February 27, 2018 (the "Ivy Tech Agreement"), with Ivy Tech Community College (the "College"), pursuant to which the College agrees to transfer title to the City of seven (7) modular classroom buildings (collectively, the "Buildings") and currently located on the ColIege's campus at 220 Dean Johnson Boulevard, South Bend, Indiana (the "Campus Location"), and the City agrees to take possession of the Buildings and commence to move the Buildings from the Campus Location prior to April 1, 2018. B. The Contractor has knowledge and experience in moving modular buildings such as the Buildings and has agreed to donate its services to the City to provide for the removal of the Buildings from the Campus Location, transporting the Buildings and relocating and installing the Buildings on a site consisting of three (3) parcels of property owned by the City by and through its Department of Redevelopment located at 1315, 1321, and 1325 South Michigan Street, South Bend, Indiana (the "City Location"). NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree -as follows: 1. Removal, Transport and Installation of the Buildings. The- Contractor agrees to provide services as follows: (a) the Contractor will disassemble the Buildings including the decking and the skirting and remove the Buildings from the College Location and will restore the ground where the Buildings were formerly located to usable condition with grass seeding as may be necessary; (b) the Contractor will transport the Buildings to the City Location and deliver the skirting to the Sample Street Business Complex at 3702 West Sample Street, South Bend; and (c) the Contractor will reassemble and place the Buildings on the City Location (collectively, the "Services"). The City acknowledges that it will remove and dispose of the decking. The City and the Contractor agree to coordinate the removal of the Buildings by the Contractor, the removal of the decking by the City, and the delivery of the skirting by the Contractor. Contractor shall place the Buildings on the City Location as more specifically directed by the City and its staff. 2. Donation of Services. The Contractor agrees to provide the Services without charge to the City as a donation to the City. The City agrees to provide evidence of such donation as may be reasonably requested by the Contractor,