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HomeMy WebLinkAboutTemporary Access Agreement - Susana Lagunas1316 COUNTY-CIrY BUILDING 227 W. JITFERSON BOUN.EVARD Soo i it Br;Nn. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 22, 2016 Susana Lagunas 205 Woodhill Lane South Bend, IN 46619 RE: Temporary Access Agreement — 1302-08 Western Avenue Dear Ms. Lagunas: PHONE 574/235.9251 FAX 5741235.9171 The Board of Public Works, at its meeting held on December 22, 2016, approved the agreement for Authorization for Entry Upon and the Temporary Use of Public Property allowing sidewalk and stairway access at 1302-08 Western Avenue for business development at 1312 Western Avenue. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Michael Divita, Community Investment GARY A. GILOT SUZANNA M. FRITZBERG ELIZABE"CH A. MARAI NK ' JAMEs A. MUELLER THERESE J. DORAU AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PUBLIC PROPERTY ��/n� THIS TEMPORARY ACCESS AGREEMENT is made effective the �� day of /0 '—'uff�t.2016, by the City of South Bend, Indiana ("City") acting through its Board of Public Works ("BPW") and Susana Lagunas, doing business as Sexy Boutique, a sole proprietorship located in Indiana ("Company"). RECITALS WHEREAS, the City is the owner of certain property and improvements located at 1302- 08 Western Avenue, South Bend, Indiana 46619 (the "Property"); and WHEREAS, the Company owns the building located at 1312 Western Avenue, South Bend, Indiana 46619 ("Business"); and WHEREAS, Company desires temporary access to the Property for the purpose of constructing a concrete sidewalk and stairway with retaining wall to connect City sidewalk to rear parking lot (the "Improvement") as described in Exhibit A attached to and incorporated herein; and WHEREAS, the BPW is willing to permit Company and its subcontractors, agents, invitees and employees access to and temporary use of the Improvement made to the Property subject to certain terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. BPW grants to the Company, its agents, subcontractors, invitees and employees temporary access to construct the temporary Improvements on the Property for the purpose of allowing access to the Business. The Company understands and acknowledges that the access described in this Agreement is temporary and that any Improvement installed or affixed to the Property related to this access is also temporary. BPW has the sole right to require Company to remove the Improvement at any time upon thirty (30) day written notice and that such removal shall be at the Company's sole expense. 2. The Company hereby agrees and undertakes to hold the City, and the BPW, its agents, officers, employees, successors and assigns of each, free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees, which the City or the BPW may suffer or incur, as a result of any claims or actions which may be brought by any person or entity arising out of the approval granted herein this Agreement by BPW. If any action is brought against the City or BPW, its agents, officers, employees, successors and assigns of each, because of the aforementioned temporary access to the Property or Improvement, the undersigned agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 3. The rights granted under this Agreement are temporary and can be revoked for any reason by BPW upon thirty (30) day written notice. 4. To the extent that any portion of the Property is disturbed in connection with the exercises of the privileges granted under this Agreement, Company shall restore the Property to the same condition in which it was immediately prior to such disturbance to the satisfaction of BPW upon BPW's request. 5. Company understands and agrees that it will secure in its own name and at its own expense all necessary permits and authorizations needed in order to construct the Improvement. Company shall not, without the prior written consent of BPW, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked or emitted in or about, or treated at the Property. 6. Company understands and agrees that it will, at its own expense, observe and comply with all present and future statutes, laws, ordinances, requirements, orders, rules and regulations of all governmental authorities. 7. Company, at its expense, shall maintain during the term of this Agreement, commercial general liability insurance on the Property covering Company as the named insured and identifying the City and the BPW as an "additional insured" with terms satisfactory to the City and with companies qualified to do business in the State of Indiana, for limits of not less than $300,000.00 for bodily injury, including death resulting therefrom, and personal injury for any one (1) person in any one (1) occurrence, $1,000,000.00 for such injuries for all persons for any one (1) occurrence, $300,000.00 property damage insurance, or a combined single limit in the amount of $1,000,000.00. Notwithstanding the foregoing, Company shall, at all times, maintain said general liability insurance naming the City and BPW as an "additional insured" for bodily injury, including death resulting thereform and personal injury with limits sufficient to cover the City or BPW's exposure to liability for said injuries, which amounts are set forth at Indiana Code § 34-13-3-4, as the same may be amended, superseded or recodifred from time to time. 8. The undersigned person(s) signing on behalf of his/her respective Parties certify that he/she is duly authorized to bind his/her respective party to the terms hereof. 9. Upon the execution hereof, the parties shall execute and deliver a memorandum in the form attached hereto as Exhibit B and BPW, at its sole expense, shall record such memorandum in the real estate records of the St. Joseph County, Indiana Recorder's Office. IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above. doing business Pi'orted angel ahi Tile a0S woob�-t l l Lit street Address CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC VVORKS Gary Gilot, President �tj4-- Jarvis Mueller, Member Therese Doran, Member Y.V. BOT SQ(A tiny, state ZIP Elizabeth Maradik, Member Telephone Pax Suzanna Fritzberg, Member ATTEST: i da Martin, Clerk EXHIBIT A THE IMPROVEMENTS eq9t, _w_:_a dnUdA% R1 w m, bv,qqjekv _� gpig 4 q }w \ — ®' " `d2 } � -- )\\) - � ,- (\} )\ E[f} !!# \) \\ m EXHIBIT B Memorandum of Agreement THIS MEMORANDUM OF LEASE, is executed by the parties hereto to evidence a certain Temporary Access Agreement between S a a La ,.,ac ("Company"), and the City of South Bend, Indiana Acting By And Through Its Board Of ublic Works ("BPW") dated a 2016 (the "Agreement'), upon certain terms, conditions and covenants, including the following: 1. The name and mailing address of the BPW ("Landlord") is City of South Bend, Board of Public Works, Attn: Cleric, 1316 County City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601. 2. The naive and mailing address of the Company gvc� LaqunuC 2OS Wood1.,111 La. ) So..l4, B©a,c1, IN 46619 3. The property subject to this Agreement consists of that certain real estate located at 1302-08 Western Avenue, South Bend, Indiana 46619 and 1312 Western Avenue, South Bend, Indiana 46619 in South Bend, St. Joseph County, Indiana. 4. The Agreement does not have a specific term, however, BPW reverses the right to terminate the Agreement at any time and for any reason upon thirty (30) day notice. Upon such termination, Company shall have the sole responsibility and expense of returning the property located at 1302-08 Western Avenue, South Bend, Indiana 46619 to its prior existing condition at the time of execution of this Agreement. This Memorandum of Agreement is executed solely for the purpose of giving notice to third parties of the existence of this Agreement and certain terms thereof. Reference is made to the Agreement which contains a full description of the rights and duties of the Company and BPW and the terms, conditions, provisions and limitations on the use of 1302-08 Western Avenue, South Bend, Indiana 46619 and 1312 Western Avenue, South Bend, Indiana 46619 in South Bend, St. Joseph County, Indiana. This Agreement (or the description of certain such rights, duties, conditions and limitations) shall in no way or under any circumstances affect the terms and conditions of the Agreement or the interpretation of the rights and duties of the Company or BPW thereunder. ***SIGNATURE PAGE FOLLOWS*** IN WITNESS WHEREOF, Company and BPW have caused this Memorandum of Agreement to be executed as of the date set forth above. Printed: Its: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS l Gary Gilot, President QG1L'� Jamej Mueller, Member Therese Dorau,`Membet Elizabeth Maradik, Member Suzanna Fritzberg, Member ATTEST: nA�t'-L 4-1ja Martin, Clerk BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date December 15, 2016 Name Michael Divita Department DCI BPW Date December 22, 2016 Phone Extension 5843 Legal M Controller El Purchasing ❑ Attorney Name Michael Schmidt review is required for all Contracts $5,000.00 or more and greater greater than one year in length per the City Purchasing Policy C qQ ',thr ApprogriaYe;)t ria.7yp R quired`forq/1;Sub, misston ".. . ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ® Other: Authorization for Entry and Temp Use Company or Vendor Name Susana Lagunas New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBEANBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Project Number Funding Source Account No. Amount $ Terms of Contract Purpose/Description Authorization for Entry Upon and the Temporary Use of Public Property — allows sidewalk/stairway access at 1302-08 Western Avenue for business development at 1312 Western Avenue ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment E-Verify Iran, etc.) ❑ Increase $ Amount of ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Chanqe: % Copy Origina ® ❑ ❑ ❑ ❑ ❑ Michael Divita, DC]