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HomeMy WebLinkAboutTemporary Easement - VL Orchid for NIPSCO - Northern IN Public Service Co., LLC  ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER 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 November 8, 2022 Northern Indiana Public Service Company LLC NiSource Corp. Services Co. Attn: Survey and Land Attn: Legal Department 801 East 86th Avenue 801 East 86th Avenue Merrillville, IN 46410 Merrillville, IN 46410 RE: Temporary Easement To Whom It May Concern: At its November 8, 2022 meeting, the Board of Public Works approved the above referenced easement for NIPSCO for a temporary easement at a property owned by the Civil City of South Bend at Phillips St. Clair Park/Byers Softball Field for staging equipment, material, and construction activities. Enclosed please find the original of the easement for your signature. Please sign and return the original easement to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh INTER-OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Theresa Heffner, Michael Schmidt FROM: Jenna Throw, Assistant City Attorney SUBJECT: NIPSCO Temporary Easement DATE: October 25, 2022 Members of the Board, Ms. Heffner, and Mr. Schmidt: NIPSCO has requested a temporary easement over a parcel of property owned by the Civil City of South Bend which is part of the Phillips St. Clair Park/Byers Softball Field as a temporary construction area and desires to use the area for staging equipment, material, and other construction activities. The Board of Park Commissioners approved Resolution No. 0003-2022 approving the easement in concept and authorizing the Board of Public Works to move forward with executing the easement. As the Board of Public Works is the holder of real property owned by the City, we request that the Board approve this Temporary Easement. TEMPORARY EASEMENT THIS TEMPORARY EASEMENT (this “Easement”) is made and entered into on November 8, 2022 between City of South Bend, by and through its Board of Public Works, owners of property with an address at V/L Orchid, South Bend, IN 46619 (“Grantor”), and NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, an Indiana limited liability company, with offices and an address at 801 East 86th Avenue, Merrillville, IN 46410 (the “Grantee”) (collectively hereinafter referred to as "Parties"). RECITALS WHEREAS, Grantor is the owner of that certain real property located in, St. Joseph County, Indiana, as Parcel ID(s) 71-08-17-254-001.000-026 as shown on Exhibit A attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the Grantee desires to use a portion of the Property as a temporary construction area for an electric project and desires to use the area for staging equipment, material and other construction activities. TEMPORARY EASEMENT NOW THEREFORE, for and in consideration of the foregoing premises and of the performance of the promises and covenants set forth herein, the Parties agree as follows: 1. Grantor grants to Grantee, its contractors, employees, agents and invitees the right, privilege and license without any warranty or representation of any kind or nature and only to the extent Grantor title permits and subject to the terms set forth herein, to temporarily use that certain portion of the Property , as depicted in Exhibit A attached hereto and incorporated by reference (the “Temporary Easement Area”), for staging equipment, material and other construction activities (the “Work”). Grantee shall not have the right to stage equipment on adjoining lands of Grantor without first obtaining Grantor's prior written approval. The Grantor understands Grantee has or may seek access to City rights-of-ways ("ROW") for portions of the Work. Grantee understands and agrees to secure the required permits and/or approvals from the City of South Bend for this ROW access. 2. The term of this Easement shall be twelve (12) months, commencing on the date Grantee notifies Grantor that the Work is scheduled to begin (the “Term”). Grantee shall have the option to extend the Term, on a month-to-month basis at a rate of $100.00 per month upon thirty (30) day written notice to Grantor. 3. Grantee, and its officers, agents, employees and invitees, shall not alter or permanently damage the Property or Temporary Easement Area, including, but not limited to removal of trees upon expiration of the Term. Grantee shall repair any damage or disruption to the Temporary Easement Area at its sole expense and restore it to the extent reasonably possible to the same or better condition the Temporary Easement Area was immediately prior to the commencement of the Work. Grantor will notify Grantor promptly upon completion of restoration, so as to provide Grantor with sufficient time to inspect and provide written notice of its acceptance of the restoration of the Temporary Easement Area. 4. Grantee shall pay Grantor within thirty (30) days of the commencement of the Work, the sum of Five Hundred Dollars ($500.00) as consideration for this Easement. 5. The Grantee shall and will indemnify and save the Grantor harmless from and against any and all damage, injuries, losses, claims, demands or costs resulting directly by the fault, culpability, or negligence of the Grantee in the use of the Temporary Easement Area, except to the extent any damage, injuries, losses, claims, demands or costs are caused by the negligence of Grantor, its employees, agents, invitees or contractors. 6. All labor provided and materials furnished in using the Temporary Easement Area shall be at Grantee’s sole cost and expense. Grantee shall comply with all laws, rules, and regulations applicable to its use of the Temporary Easement Area, and shall, at its own cost and expense, provide security to protect any personal property owned by Grantee in the Temporary Easement Area. At all times during the performance of the Work, Grantee agrees to conduct the Work in a temporary manner consistent with keeping the Temporary Easement Area in good order and condition and substantially free from debris. During times of construction, maintenance of traffic and any other signage and barriers must be checked regularly to ensure adequate safety zones and public paths are maintained. Except in cases of an emergency, Grantee and its subcontractors must notify Grantor, by and through its Director of Venues, Parks & Arts (or their designee), a minimum of forty-eight (48) hours prior to any scheduled maintenance work. 7. To the extent reasonably possible, Grantee shall use the Temporary Easement Area in a manner permitting Grantor full use of the remaining portions of the Property and for access to the adjoining property. 8. All written notices required or permitted under this License shall be served by (i) certified mail, return receipt requested, to the party to whom the same is directed at that party’s respective address, as set forth below, (ii) overnight delivery by recognized overnight carrier to the party to whom the same is directed at that party’s respective address, as set forth below, or (iii) facsimile transmission to the party to whom the same is directed at that party’s respective facsimile number, as set forth below (provided that the facsimile confirmation sheet showing successful transmission is retained by the sender): If to Grantee: Northern Indiana Public Service Company LLC Attn: Survey and Land 801 East 86th Avenue Merrillville, Indiana 46410 With a copy to: NiSource Corporate Services Company 801 East 86th Avenue Merrillville, Indiana 46410 Attn: Legal Department If to Grantor: City of South Bend, Indiana Department of Venues, Parks & Arts Attn. Executive Director 219 S. St. Louis Blvd. South Bend, IN 46617 With a copy to: City of South Bend, Indiana Department of Law Attn. Corporation Counsel 227 W. Jefferson Blvd., 1200S South Bend, IN 46601 Or at such other address, facsimile number, or email address as either party may from time-to-time designate by giving written notice, as provided herein. The date of service of notice shall be the date on which such notice is received (or, alternatively, if notice is given by certified mail, the date upon which receipt is refused). 9. This Easement contains the entire agreement and understanding of the Parties hereto with respect to the easement grant. No part of this Easement may be amended or modified, except in writing signed by both Grantor and Grantee. Should any provision of this Easement be declared invalid by a legislative, administrative or judicial body of competent jurisdiction, then the other provisions contained herein shall remain in full force and effect and shall be unaffected by such declaration. © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS 40333-6STA. 128+03, 128+05, 128+83, & 128+86 WORKSPACE PLAN BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/25/2022 Name Jenna Throw Department Legal BPW Date November 8, 2022 Phone Extension Ext. 9354 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name 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: x Ease./Encroach Required Information Company or Vendor Name Northern Indiana Public Service Company, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name NA Project Number NA Funding Source Account No. Amount N/A Terms of Contract As attached Purpose/Description Temporary Easement _______________________________________________________________ _____________________________________________________________ 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: