HomeMy WebLinkAboutCharles Black Community Center Right of Entry Permit For BPC Ratification Signatures_10_15_2021RIGHT OF ENTRY PERMIT AND MEMORANDUM OF UNDERSTANDING
This Right of Entry Permit and Memorandum of Understanding (the "Agreement") is
entered into this 11th day of October, 2021, by and between the St. Joseph County Board of
Commissioners (the "County") and the City of South Bend, Indiana (the "Owner").
WHEREAS, the County has been allocated certain funds pursuant to Section 50l(a) of
Division N of the Consolidated Appropriations Act, 2021, Public Law No. 116-260 dated
December 27, 2020 and Section 3201 of the American Rescue Plan Act, P.L. 117-2 (the
"Enabling Legislation") for rental and utility assistance for St. Joseph County residents; and
WHEREAS, St. Joseph County has established an Emergency Rental Assistance Program
(the "Program") under the Enabling Legislation, which involves both County personnel as well
as subrecipient assistance organizations who have entered into agreements with the County
regarding Program assistance operations (the "Subrecipients); and
WHEREAS, the Owner has agreed to provide a location for a Program outreach and
walk-in application site for the Program, as well as electric power, wi-fi, furniture (specifically
tables and chairs), restrooms, and hallway access for overflow; and
WHEREAS, this Agreement serves to memorialize this agreement.
NOW, THEREFORE, the parties hereby agree as follows:
I.The Owner hereby grants to the County and the Subr�cipients and their
employees, contractors and agents, the right to enter upon, over and across its property,
commonly known as the Charles Black Community Center, located at 3419 W. Washington
St., South Bend, Indiana 46619, specifically in the Flex Room (the "Premises"), for the purpose
of operating a walk-in application site for the Program.
2.This right-of-entry shall remain in full force until 8 p.m. on October 13, 2021.
3.The County and the Subrecipients, their contractors, agents, and employees, shall
have the right to enter upon the Premises for the sole purpose of operating a Program outreach
site and walk-in application site for the Program. It is understood that the right to enter upon the
Premises shall be at the sole risk of the County, its employees, contractors, and agents, and that
all work and activities carried out by the County and the Subrecipients as its agent, its
employees, contractors, and agents, shall be performed in a safe manner with such care and
diligence as is necessary to avoid injury (including death) to persons, or damage to property.
As additional consideration for the grant of this right-of-entry, the County agrees to
indemnify, hold harmless and defend the Owner from and against any and all actions or causes
of action, claims, demands, liabilities, loss, damage, or expense of whatsoever kind and nature,
including attorneys' fees, which the Owner may suffer or incur by reason of property damage,
bodily injury, including death, to any person or persons, arising out of or in any manner
connected with the exercise of the rights herein granted, or which the Owner may sustain or
rights arising out of any breach shall not be construed as a waiver of any rights arising out of any subsequent breach. 16. , If any one or more of the provisions of this Agreement shall be held invalid orunenforceable, the validity and enforceability of all other provisions of this Agreement shall not be affected. 17.This Agreement is the complete agreement between the St. Joseph County Boardof Commissioners and Charles Black Community Center, and supersedes all prior agreements, arrangements and understandings with respect to the transactions provided for herein. No representation, promise, inducement, or statement of intention has been made by or on behalf of any party hereto that is not set forth in this Agreement. This Agreement may be amended only by written agreement signed by each of the parties involved. IN WITNESS WHERE, the County and the Owner through their duly authorized representatives enter into this Agreement. St. Joseph County Board of Commissioners Deborah A. Fleming, D.M.D., Vice-President Derek Dieter, Member Signature: >.G'�"'-"LLl'l±'""-,,,,;:-:,-4 EDT)
Email: ctaylor@southbendin.gov City of South Bend, Indiana Charles Black Community Center Cynthia Taylor By: Printed: Cynthia Taylor Its: Director of Community Programming City of South Bend, IndianaBoard of Park Commissioners________________________________Mark Neal, President________________________________Consuela Hopkins, Vice President________________________________Aimee Buccellato, Member________________________________Dan Farrell, MemberATTEST: ________________________ Eva Ennis, Clerk