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Home My WebLink AboutTemporary Access Agreement - Conduct Surveys at Two (2) Parcels at 710 & 714 N. Harrison Ave. – Cross Communities, Inc. ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 23, 2021 Ms. Tina Patton Cross Community, Inc. 707 Sherman Ave. South Bend, IN 46616 tmpatton2@comcast.net RE: Temporary Access Agreement Dear Ms. Patton: At its March 23, 2021 meeting, the Board of Public Works approved the above referenced agreement to conduct surveys at two (2) parcels at 710 & 714 N. Harrison Ave. as part of City property. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Cc: Sandra Kennedy, Assistant City Attorney Enclosures AF/lh 1 TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this “Agreement”) is made and entered into as of _____________, 2021 (the “Effective Date”), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the “Board”), and Cross Community, an Indiana nonprofit corporation with its principal office at 707 Sherman Avenue, South Bend, IN, 46616 (the “Company”). RECITALS A.The Board 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 710 & 714 N. Harrison Ave., South Bend, IN 46616 as more particularly described in attached Exhibit A (the “Property”). B.The Company is interested in accessing the Property in order to determine whether it is a suitable location for development. C.The Company desires to obtain from the Board a right of access to the Property to allow the Company to obtain estimates for potential development purposes, and the 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, the Board and the Company, agree as follows: 1.Grant of Access to Company. The Board hereby grants to the Company a non- exclusive, temporary access right to the Property for the limited purpose of allowing the Company to enter the premises with the Company’s architect, designer, engineer, surveyor, environmental consultant, and/or construction tradespeople to determine the potential cost and suitability for the Company’s purposes of developing the Property. The parties agree that the 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 one hundred twenty (120) days and may be extended by a written amendment to this Agreement signed by both parties. The Board may terminate this Agreement at any time with or without cause by giving the Company written notice of termination, which notice shall be effective immediately. 3.Maintenance; Restoration. The Company will, at its sole expense, repair any damage to the Property made by the Company or its agents or invitees upon the Property. In the event the Company fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the date hereof, the Board may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses the Company will pay promptly upon the written demand of the Board. 4.Ownership. The 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. March 23, 2 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. The Company shall indemnify and hold the 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, the 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, the Company will produce to the Board a certificate of insurance evidencing the same. 7.Reservation of Rights. The Board 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 the Company to engage in further study regarding the feasibility of using the Property for residential development. Therefore, the Board agrees that it will not enter into any agreement for the sale of the Property during the term of this Agreement. 9.Benefit. The Board and the 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.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. Board: City of South Bend, Indiana Board of Public Works 1308 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Property Development Analyst (DCI) With a copy to: South Bend Legal Department 1200 S County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel Cross Community: Cross Community, Inc. 707 Sherman Avenue South Bend, IN 46616 Attn. Chief Executive Officer _______________ 3 With a copy to: 11.Waiver. One or more waivers of any condition herein shall not be construed as a waiver of a subsequent breach of the same condition. 12.Governing 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. 13.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 signed this Temporary Access Agreement to be effective as of the Effective Date. SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth Maradik, President Jordan Gathers, Member Gary Gilot, Member Joseph Molnar, Member ATTEST: Anne Fuchs, Secretary CROSS COMMUNITY, INC. By: Printed: Its: EXHIBIT A Description of Property County Parcel ID: 018-1070-2987 Legal Description: LOT 106 CUSHING & LINDSEY Commonly Known As: 710 N. HARRISON AVE., SOUTH BEND, IN 46616 County Parcel ID: 018-1070-2986 Legal Description: LOT 105 CUSHING & LINDSEY Commonly Known As: 714 N. HARRISON AVE., SOUTH BEND, IN 46616 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/16/2021 Name Andrew Netter Department DCI BPW Date 03/23/2021 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name 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 Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Temporary Access Agreement (City property) Ease./Encroach Required Information Company or Vendor Name Cross Communities, Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Temporary Access Agreement 710 & 714 N. Harrison Ave. Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Request for approval of a temporary access agreement to Cross Communities, Inc. for access to property to conduct surveys. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: