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HomeMy WebLinkAboutRight of Entry Agreement - Relocation of Commercial Drive at 1522 Ford St. for Right-of-Entry and Cease Using North - Carl Kimble, Kimble Plumbing1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 12, 2020 Mr. Carl Kimble Kimble's Plumbing 1522 Ford St. South Bend, IN 46634 RE: Right of Entry Agreement Dear Mr. Kimble: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on May 12, 2020, approved the above referenced agreement for the right of entry at 1522 Ford St., and owner's cease use of north side of property for ingress and egress, for the relocation of Commercial Drive, in the amount of $6,003.80. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR RIGHT OF ENTRY AGREEMENT WITH INDEMNIFICATION AND HOLD HARMLESS THIS RIGHT OF ENTRY AGREEMENT (the "Agreement"), dated this 27th day of April, 2020 (the "Effective Date") is by and between Carl J. Kimble (hereinafter, "Owner"), being the owner of real estate commonly known as Kimble's Plumbing, located at 1522 Ford Street, South Bend, Indiana 46634, as depicted in Exhibit A (the "Property"), incorporated herein by reference and attachment, and the City of South Bend, Indiana, by and through its Board of Public Works (the "City") (Each a "Party" and collectively the "Parties"). 1. Owner represents and warrants that Owner: (a) is the fee simple owner of the land, improvements, and buildings which constitute the Property and has full power and authority to grant to City the rights set forth in this Agreement; or (b) through written agreement with the fee simple owner of the Property, has the full power and authority to grant to City the rights set forth in this Agreement. 2. In consideration of the mutual benefits and obligations set forth herein, Owner grants to City and City's employees, agents, and contractors a non-exclusive right of entry for ingress and egress to the Property and buildings located at 1522 West Ford Street, South Bend, Indiana 46634 for the following purposes: City hereby agrees to do the following: a. Partial demolition of overhang structure on south side of Property. b. Removal of fencing on north and south sides of Property. c. Replacement of fencing on north and south sides of Property with 8' galvanized commercial chain link fence. d. Installation of commercial grade double swing gate with latch and lock on the south side of the Property at the back. e. Installation of commercial grade pedestrian gate with latch and lock on the north side of the Property in the front f. Grade the portion of the alley running east and west on the south side of the Property. g. Trim the overhanging trees branches and bushes in the alley running north and south on the east side of the Property. h. Arrange with utility pole owner, AEP, to have a light installed on the pole adjacent to the Property on the south side and added to the City bill. Owner does hereby agree to do the following: a. Clear the construction limits and areas adjacent to the limits of items Owner would like to salvage or protect from demolition within thirty days (30) of the Agreement Effective Date, or April 30, 2020, whichever is earlier. b. Upon Project completion, immediately and permanently cease using the north side of the Property for vehicular ingress or egress onto the Property. Owner will limit north side ingress and egress to pedestrian foot traffic. The City's and Owner's rights and obligations herein constitutes the Project. 3. Unless terminated in accordance with its terms, this Agreement will commence on the Effective Date listed above and end upon the Parties satisfaction of all their obligations hereunder. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to Owner, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18-4, payments are subject to annual appropriation by the City. The City will not be required to pay or be otherwise liable for any cost associated with this Agreement after the effective date of termination. 4. City agrees to compensate Owner for following expenses upon City's satisfactory receipt of supporting documentation: a. Relocation Search Allowance — The City agrees to pay the Owner a relocation search allowance up to an amount not to exceed four hundred and forty-nine dollars ($449.00). The allowance was calculated based upon the sum of time and mileage. b. Moving Personal Property from Construction Limits — the City agrees to reimburse Owner the actual costs incurred for permanent removal or temporary relocation of Owner's personal property from the construction limits and adjacent areas to allow demolition and construction to safely take place. The total amount the City agrees to reimburse Owner under this subsection shall not exceed five thousand five hundred fifty-four dollars and eighty cents ($5,554.80). 5. The Owner does hereby agree to release, indemnify, defend and hold harmless the City, its executives, employees, agents, contractors, or authorized representatives from all proceedings, suits, liability, loss, demand, or judgment, including defense costs and attorney's fees paid, suffered or incurred by City as a result of the breach of this Agreement by Owner, City's use or occupancy of the Property, or the carelessness, negligence, or improper conduct of Owner, its agents, servants, employees, contractors, subcontractors, visitors or licensees which causes any loss, cost, claim, demand, suit, judgment, or liability to be incurred by the City. 6. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 7. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement are in conflict with any applicable statute or rule of law, then such terms and conditions shall be deemed inoperative to the extent that they may conflict therewith and shall be deemed to be modified to conform to such law. 8. Owner reserves the right to grant other rights of access to the Property; however, Owner will not allow such other grants to interfere with the rights conveyed under this Agreement. 9. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. 10. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and such counterparts together shall constitute one and same instrument. (Signatures on Following Page) M WI 1`Nl'SS W'l 11 "Wl ,'OF. the Owner and the City 1' me executed this, fb.greert' ent as cif` Qhe date first written above. C.ARL J. KIMBLE KI:GVMBM:. E'S PLUMBING By: Its - CITY OF SOUTH BEND, INDIA.N'A BOARD OF PUBLIC.; WORKS BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �in�a G�far�irr Linda M. Martin, Clerk BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/06/2020 Name Becca Plantz Department Public Works BPW Date 05/12/2020 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ❑ Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ® Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Information Company or Vendor Name Carl Kimble, Kimble Plum New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. U Yes U If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑ Yes No 120-011 West Side Quiet Zone — Commercial Drive Relocation LRSA Major Projects 251.0608.431.42.96 Amount Terms of Contract Purpose/Description $6,003.80 Lump Sum _Agreement with property owner at 1522 Ford Street for Right -of -Entry and to cease using the North side of the Property for vehicular ingress or egress onto the property. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Combletion Date: