HomeMy WebLinkAboutTemporary Access Agreement – Access to City Owned Property to Complete Preliminary Work Related to Potential Development - Village to Village International, Inc.TEMPORARY ACCESS AGREEMENT
This Temporary Access Agreement (this "Agreement") is made and entered into as of
February 25, 2020 (the "Effective Date"), by and between the City of South Bend, Indiana Board
of Public Works (the "Board"), and Village to Village International, Inc., an Indiana nonprofit
corporation with its registered office at I I10 Portage Avenue, South Bend, Indiana 46616 (the
"Company").
RECITALS
A. Board owns in fee simple certain real property located within the City of South
Bend, Indiana (the "City"), comprised of five (5) lots on Harrison Street and Sherman Avenue, 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 a residential development.
C. Company desires to obtain from Board a right of access to the Property to allow
Company and its agents to prepare surveys, determine drainage needs, and other activities needed
to determine the Property's potential for development, and Board 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, Board and Company agree as follows:
1. Grant of Access to Qom ally. Board 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.
3. Maintenance; Restorgti an. Company will, at its sole expense, repair any damage
to the Property made by Company or its agents or 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, Board or the City may, at its option, incur costs and expenses
to maintain and repair the Property, which costs and expenses Company will pay promptly upon
the written demand of Board or the City, as the case may be.
4. Ownership. Board 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.
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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. Indemn licati0 q Insurance. Company shall indemnify and hold Board 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 Board and the City as additional insureds under any such policy of insurance.
Promptly following the Effective Date of this Agreement, Company will produce to Board a
certificate of insurance evidencing the same.
7. Reservation of Rights. Board reserves for itself the free use of the Property in any
manner not inconsistent with the terms of this Agreement.
8 Property Intcrest 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 a
residential development. Therefore, Board agrees that it will not enter into any agreement for the
sale of the Property during the term of this Agreement.
9. Benefit. Board 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. This Agreement shall be governed and construed in accordance
with the laws of the State of Indiana.
[Signature pages follow.]
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EXHIBIT A
Description of Property
Parcel I:
Lot 169 of Cushing & Lindseys Addition
Commonly known as 809 N Harrison Street, South Bend, Indiana 46616
Tax Id No. 018-1072-3046
Parcel II:
Lot 164 of Cushing & Lindseys Addition
Commonly known as 812 N Harrison Street, South Bend, Indiana 46626
Tax Id No. 018-1072-3063
Parcel III:
Lot 25 of Cushing's 1 st Addition
Commonly known as 814 N Sherman Avenue, South Bend, Indiana 46616
Tax Id No. 018-1075-3152
Parcel IV:
Lot 170 of Cushing & Lindsey's Addition
Commonly known as 813 N Harrison Street, South Bend, Indiana 46616
Tax Id No. 018-1072-3045
Parcel V:
Lot 163 of Cushing & Lindsey's Addition
Commonly knowns as 816 N Harrison Street, South Bend, Indiana 46616
Tax Id No. 018-1072-3062
IN WITNESS WHEREOF, the parties have signed this Temporary Access Agreement to be
effective as of the Effective Date.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUEJLIC WORKS
VGaryy
Gil President
Therese Qorau, Member
fY,t
Gathers,mmM. bei-
Elizabeth Mai•adik, Member
l
h. Mol gar, Member
ATTEST:
I.,iiid � Martin Clerk
C
VILLAGE TO VILLAGE INTERNATIONAL, INC.
By:..
Matt Borst, President
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date......m.....,.,.�. 2/17/20.�.......................�A,,,�.�..�........................................................................................_�.......... _,_ ....._.....��...
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Name Liz Maradik Department DCI
BPW Date 2/25/20 Phone Extension X5821
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Review and Approval Required Prior to Submittal to Board
..._.. __. ....._._ ....._....... . ._...__--.-........ ....... ......
_
Diversity Compliance F-1 Officer Name
and Inclusion Officer
BPW Attorney Attorney Name
Dept. Attorney Attorney Name Sandi Kenned
Purchasing
Check.the °�pj qjS Item Typ lac,- u
EJ Professional Services Agreement I❑ Contract
n Open Market Contract F-1 Amendment/Addendum
❑] Bid Opening ❑ Bid Award
Quote Opening E� Quote Award
Proposal Opening E] C/O & PCA No.
Chg. Order, No. E] Traffic Control
Z Other: Tem orar Access
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Vi
Information
All Submissions
❑ Proposal
E Special Purchase, QPA
❑] Req. to Advertise
OReject Bids/Quotes
F] PCA
Resolution
Ease./Encroach
to Village International, Inc.
L_J YesLJ If Yes, Approved by Purchasing
No
MBE MBE Completed E-Verify Form Attached Nos
cn�pgrq� cce ,s Agreement
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❑ Title Sheei
Temporary access to City owned property to complete preliminary work
related to potential development.
For Change. Orders Only
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