HomeMy WebLinkAbout5A5 Temporary Access Agreement (1019 S Michigan)1
TEMPORARY ACCESS AGREEMENT
This Temporary Access Agreement (this “Agreement”) is made and entered into as of
November 8, 2018 (the “Effective Date”), by and between the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment (the
“Commission”), and Paapri LLC, an Indiana limited liability company with its registered office at
506 W. South Street, South Bend, Indiana 46601 (the “Company”).
RECITALS
A. Commission owns in fee simple certain real property located within the River West
Development Area of the City of South Bend, Indiana (the “City”), located at 1019 South Michigan
Street in the City and commonly known as the Burke Building, as more particularly described in
attached Exhibit A (the “Property”).
B. Company is interested in accessing the Property in order to determine whether it is
a suitable location for development.
C. Company desires to obtain from Commission a right of access to the Property to
allow Company to obtain estimates for potential development purposes, and Commission has
agreed to grant the same on the terms and conditions stated in this Agreement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Commission and Company, agree as follows:
1. Grant of Access to Company. Commission hereby grants to Company a non-
exclusive, temporary access right to the Property for the limited purpose of allowing Company to
enter the premises with Company’s architect, designer, engineer, and/or construction tradespeople
to determine the potential cost and suitability for Company’s purposes of developing the Property.
The parties agree that Company will have no right under this Agreement to install improvements
of any kind on the Property.
2. Term and Termination. The term of this Agreement shall be ninety (90) days and
may be extended by a written amendment to this Agreement signed by both Parties. Commission
may terminate this Agreement at any time with or without cause by giving Company written notice
of termination.
3. Maintenance; Restoration. Company will, at its sole expense, repair any d amage
to the Property made by Company or its invitees upon the Property. In the event Company fails
to preserve the Property at all times in substantially the same condition and repair in which it exists
on the date hereof, Commission or the City may, at its option, incur costs and expenses to maintain
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and repair the Property, which costs and expenses Company will pay promptly upon the written
demand of Commission or the City, as the case may be.
4. Ownership. Commission represents and warrants that it is lawfully seized of the
Property, that it has full right and power to grant the access right, and that the Property is free from
all encumbrances, except any matters of record.
5. Hazardous Materials. The Company shall not cause or permit, knowingly or
unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked,
or emitted upon the Property.
6. Indemnification; Insurance. Company shall indemnify and hold Commission
harmless from and against any and all claims resulting from damage to any property upon the
Property or injury to any person upon the Property. In addition, Company will maintain
commercial general liability insurance coverage in the minimum amount of at least $1,000,000 per
occurrence and will designate the Commission and the City as additional insureds under any such
policy of insurance. Promptly following the Effective Date of this Agreement, Company will
produce to Commission a certificate of insurance evidencing the same.
7. Reservation of Rights. Commission reserves for itself the free use of the Property
in any manner not inconsistent with the terms of this Agreement.
8. Property Interest. The Parties acknowledge that the purpose of the Agreement is
for Company to engage in further study regarding the feasibility of using the Property for office
space. Therefore, Commission agrees that it will not enter into any agreement for the sale of the
Property during the term of this Agreement.
9. Benefit. Commission and Company intend that each of the rights and obligations
set forth herein shall inure to the burden or benefit of the respective parties and their related
companies, successors, and assigns.
10. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Indiana.
[Signature pages follow.]
IN WITNESS WHEREOF, the parties have signed this Temporary Access Agreement to
be effective as of the Effective Date.
SOUTH BEND REDEVELOPMENT
COMMISSION
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
EXHIBIT A
Description of Property
A parcel of real property located in the City of South Bend, Indiana, and commonly known as
1019 S Michigan Ave., the Burke Building, and more particularly described as Lot 1 Weavers
Garst St Minor Subdivision.
Parcel Key Number 018-8001-0049