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HomeMy WebLinkAboutTemporary Access Agreement - Alan Neblung - Repair Exposed Wall at 3610-3614 Western Avenue. -=~ m " .� r ^' ^ , ^ ° ^ . - . � � | � � ^ AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PROPERTY THIS TEMPORARY ACCESS AGREEMENT is made effective the 1 Oth day of October, 2017, by the City of South Bend, Indiana ("City") acting through its Board of Public Works ("BPW") and Alan Neblung ("Owner"). RECITALS WHEREAS, the Owner owns certain property and improvements located at 3610-3614 Western Avenue, South Bend, Indiana 46619 (the "Property"); and and WHEREAS, the Property shared a common wall with the abutting building ("Building"); WHEREAS, the Building was lawfully demolished by the City; and WHEREAS, upon the lawful demolition, it was discovered that the Property and the Building had a common wall and such wall was left uncovered during the demolition; and WHEREAS, City desires, in a show of good faith, to hire a 3d party contractor to cover the Property's exposed wall; and WHEREAS, the Owner is willing to permit the City and its agents access to and temporary use of the Property in order to cover the Property's exposed wall 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. Owner grants to the City, its agents, contractors and employees, a temporary non- exclusive right on, in and across the Property for the limited purpose of covering the exposed wall. 2. In consideration of the City covering the Property's exposed wall, the Owner agrees and undertakes to hold the City, the BPW, its agents, contractors, 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 this Agreement. If any action, including an action from a Yd party, is brought against the City or BPW, its agents, contractors, employees, successors and assigns of each, because of this Agreement, the Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 3. With the exception of the duties described in Section 2 above, the rights granted under this Agreement shall terminate upon the completion of the wall work. 4. The Owner understands and acknowledges that the work on the wall shall not encroach upon the adjacent land under any circumstances. Further, such wall work shall abide by all zoning requirements and ordinances of the City of South Bend. S. 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. IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above. [Alan Neblung 3610 Western Avenue South Bend, IN 46619 Signaku•e ,� AL Printed Name and Title 36 rg w' s zwj Street Address P.O. Box _50—cr 771 City, State Zip Telephone Fax CITY OF SOUTH BEND, INDIANA BOARD OF PU7.'/7-Z ICS /9V-t/(Y-J Gary Gilot, President Elizabeth Maradik, Member Therese Dorau, mber ATTEST: �r Lin a Martin, Clerk - F m %I $ P .I � i- W".? 11 3'- ? " � C a te I.