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AUTHORIZATION. ACCESS AND INDEMNIFICATION AGREEMENT
<br />This AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEEMENT (the
<br />"Agreement") is made and entered into this 9th day of September 2025 (the
<br />"Effective Date"), by and between the City of South Bend, Indiana, a municipal
<br />corporation, by and through its Board of Public Works (hereinafter, the "City"), and
<br />Housing Authority of South Bend, Inc. ("Owner"). The City and Owner are sometimes
<br />collectively referred to herein as the "Parties" and individually as a "Party".
<br />RECITALS:
<br />WHEREAS, Owner is the owner of a residence located at 628 West Western
<br />Ave., South Bend, IN (the "Property"), and
<br />WHEREAS, the City desires to have access to the Property in order to perform
<br />necessary local public improvements on the Property.
<br />AGREEMENT:
<br />NOW, THEREFORE, for and in consideration of mutual promises and
<br />undertakings set forth herein, the City and Owner agree as follows:
<br />1. Access. In consideration of this Agreement, the City's willingness to perform the
<br />work contemplated in this Agreement at its own expense, and as of the Effective
<br />Date of this Agreement, Owner hereby grants the City all necessary access to
<br />and from the Property, as the City, or its designee, deems reasonably necessary
<br />to perform the work contemplated by this Agreement.
<br />2. Use. The City, or its designee, shall, at its sole expense, shall be granted access
<br />to the Property in order to demolish the existing six -story vacant apartment
<br />building located at 628 W. Western Avenue, including its foundation, more
<br />commonly referred to as the Rabbi Shulman building. The City will be permitted
<br />to remove all asphalt parking, concrete flatwork, fencing, lighting, landscaping,
<br />and underground utilities. Upon completion of the demolition, the City will regrade
<br />the site, place new topsoil, and seed all disturbed areas. The City, or its
<br />designee, shall exercise its responsibilities in a good, safe, and workmanlike
<br />manner, and in compliance with all applicable federal, state, and local laws, rules
<br />and permit conditions.
<br />3. Term. The City shall have access to the Property until the City completes the
<br />work contemplated in Section 2 above.
<br />4. Compliance with taws. This Agreement shall be construed and interpreted
<br />according to the laws of the State of Indiana. The Parties hereto agree to
<br />comply with all applicable federal, state and local laws, rules, regulations and
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