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HomeMy WebLinkAboutTemporary Access Agreement - 701 Harrison Ave. for 2 Months at NNN – Near Northwest Neighborhood, Inc.1 TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this “Agreement”) is made and entered into as of October 11, 2022 by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the “City”), and the Near Northwest Neighborhood, Inc. (the “NNN”) (collectively the “Parties”). RECITALS A.The City is the owner of certain real property, located at 701 Harrison Ave., South Bend, IN 46616 (the “Property”). B.The Property is currently a vacant lot. C.The NNN is constructing a new fourplex apartment building for income restricted affordable housing in the same neighborhood as the Property (the “Work”). D.The City has agreed to grant the NNN a right of access to the Property on the terms and conditions stated in this Agreement to facilitate the Work. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Grant of Access to the NNN. The City hereby grants to the NNN a non-exclusive, temporary access right to use the Property for the purpose of allowing the NNN to engage in the Work. The parties agree that the NNN will be allowed to store excavation soil on the Property on a temporary basis; however the Parties understand and agree that the soil shall not be stored on a permanent basis, and any other supplies, materials, goods, or personal property of any kind may not be stored on the Property without prior written consent of the City The Parties further agree that the NNN will have no right under this Agreement to install permanent improvements of any kind on the Property. 2.Term and Termination. This Agreement shall commence effective October 3, 2022 (the "Effective Date") and shall terminate on December 11, 2022. 3.Maintenance; Restoration. The NNN will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by the NNN or its invitees upon the Property. 4. Compliance. The NNN 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 Work. 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. 2 6.Hazardous Materials. The NNN 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. The NNN understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of the NNN’s property or any bodily harm or injury that may result from the NNN’s use of the Property. The NNN understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property the NNN or its invitees use in connection with the Work while on the Property. The NNN 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.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. 9.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. 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. City: City of South Bend, Indiana 1400 S. County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Joseph Molnar, Property Development Manager With a copy to: South Bend Legal Department 1200 S County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel The Museum: The Near Northwest Neighborhood 1007 Portage Ave. South Bend, IN 46616 Attn. Kathy Schuth, Executive Director 11.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. 3 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 entered into this Temporary Access Agreement and executed the same on the date set forth next to their signatures. NEAR NORTHWEST NEIGHBORHOOD, INC. By: Printed: Title: Date: October 11, 2022 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/5/2022 Name Joseph Molnar Department DCI BPW Date 10/11/2022 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Danielle Campbell Weiss 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: Temp. Use Agreement Ease./Encroach Required Information Company or Vendor Name Brennan’s View LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Temporary Use Agreement 701 Harrison Ave. Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Temporary use agreement for City property, 701 HarrisonAve. for approximately 2 months during construction of the new NNN fourplex apartment building. 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: