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HomeMy WebLinkAboutTemporary Access Agreement - Building Access for Weather Amnesty at 510 S. Main St. – Rescue Incorporated dba Hope MinistriesTEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of October 13, 2020, by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the "City"), and Rescue Incorporated d/b/a Hope Ministries ("Hope"). RECITALS A. The City is the owner of certain real property, located at 510 South Main Street, South Bend, Indiana 46601 (the "Property"). B. Hope operated the weather amnesty site at the Property during the winter of 2019- 20 on behalf of the City and desires to do so during the winter of 2020-21, and the City desires that Hope perform such services again. C. Hope and the City are entering into a separate agreement for the funding of the weather amnesty program at the Property (the "Program") but Hope requires a right of access to the Property for the Program. D. The City has agreed to grant Hope a right of access to the Property on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Access to Hope. The City hereby grants to Hope a non-exclusive, temporary access right to use exterior and interior portions of the Property for the purpose of allowing Hope to engage in the Program at the Property. The parties agree that Hope will have no right under this Agreement to install improvements of any kind on the Property, or to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the City. At all times during the Program, Hope will use or cause to be used reasonable efforts to keep the Property in substantially the same order and condition as of the Effective Date (as defined below). 2. Term and Termination. This Agreement shall commence effective October 8, 2020 (the "Effective Date") and shall terminate on April 30, 2021. 3. Maintenance, Restoration, Hope will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by Hope or its invitees upon the Property. In the event Hope fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the Effective Date, the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses Hope will pay promptly upon the written demand of the City. 4. Compliance. Hope understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Activity. Further, Hope shall not discriminate against any person seeking to participate in the Activity, nor will it use any portion of the Property to advance or facilitate its religious activities or the religious activities of any other organization. 5. Ownership. The City 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, 6. Hazardous Materials. Hope 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. 7. Indemnification. Hope understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of Hope's property or the property of Hope's invitees, or any bodily harm or injury that may result from Hope's use of the Property. Hope understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property Hope or its invitees use in connection with the Activity while on the Property, Hope shall indemnify, defend, and hold the City 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 and to pay any judgment rendered therein. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law, 8. Insurance. Hope will maintain commercial general liability insurance coverage in the minimum amount of at least $1,000,000 per occurrence and will designate the City as an additional named insured under any such policy of insurance. Promptly following the Effective Date of this Agreement, Hope will produce to the City a certificate of insurance evidencing the same. 9. Reservation of Rights. The City reserves for itself the free use of the Property in any manner not inconsistent with the terms of this Agreement. 10. Benefit. The parties 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. 11. Notices. Any notices required under this Agreement may be provided (a) by hand - delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each party's respective address and the representatives stated below. City: City of South Bend, Indiana 1400 S. County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Pamela Meyer, Director of Code Enforcement (Neighborhoods) 2 With a copy to: South Bend Legal Department 1200 S County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel Hope: Hope Ministries 432 S. Lafayette Blvd South Bend, IN 46601 Attn. David Vanderveen, Executive Director 12. Waiver. One or more waivers of any condition herein by the City shall not be construed as a waiver of a subsequent breach of the same condition. 13. Goyeinini Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana and any claims arising hereunder shall be brought in the courts of St. Joseph County, Indiana. 14. Authority, Each undersigned person signing on behalf of his/her respective party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. [Signature pages follow. IN WITNESS WHEREOF, the parties have entered into this Temporary Access Agreement and executed the same on the date set forth next to their signatures, CITY OF SOUTH BEND, INDIANA 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: 8zind r G%fmz#f Linda M. Martin, Clerk Date: October 27, 2020 RESCUE INCORPORATED D/B/A HOPE MINISTRIES By: 9/4 Printed: ®avr) Uavlvle-✓veevi Title: ExeGV �I'Ve- ot'J r-C7�y- Date: to e 2® BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date — 10.09.2020 Department Name Pam I%Iever DCI BPW Date 10.27.2020 Phone Extension --5845 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name — and Inclusion Officer ❑ BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name —--Sandra Kennedy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheei ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution f 0 Other: -Access ❑ Ease./Encroach A reement Required Information Company or Vendor Name Rescue Inc. c1/b/a/ Hope Ministries Inc:. ❑❑ Y If Yes, Approved by Purchasing New Vendor N❑ ❑ MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached ❑ Nos f Project Name _Building Access for Weather Amnesty Project Number Funding Source N/A Account No. N/A Amount N/A Terms of Contract _October 8, 2020-April 30, 2021 Purpose/Description To allow access to 510 S. Main Street to conduct weather amnesty services-- [_ For Change Orders Only Amount of ❑ Increase $ ❑ Decrease Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease %)