The URL can be used to link to this page

Home My WebLink AboutAuthorization Access Indemnification Agreement -116 Northshore Version 3 - Vision RealtyAUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEMENT This AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEEMENT (the “Agreement”) is made and entered into this ___ day of ____________ 2023 (the “Effective Date”), by and between the City of South Bend, Indiana, a municipal corporation, by and through its Board of Public Works (hereinafter, the “City”), and Vision Realty Int’l, LLC(“Vision Realty”). The City and Vision Realty are sometimes collectively referred to herein as the “Parties” and individually as a “Party”. RECITALS: WHEREAS, the City owns and operates a network of sanitary, storm, and combined sewer pipes that carry storm water to collection facilities or the St. Joseph River, sanitary sewage to the City’s wastewater treatment plant; and in permitted wet weather demands the combined sewer will carry overflows of both to the St. Joseph River, and WHEREAS, Vision Realty owns certain real estate in fee simple located at 116 East Northshore Drive, South Bend, Indiana (“Property”); and WHEREAS, the City owns and operates two storm water sewer lines located in the front lawn of the Property; and WHEREAS, the location of the storm water sewer and combined sewer lines on the Property are subject to a prescriptive easement; and WHEREAS, the combined sewer line located between the residence and the garage (“Combined Sewer Line”) is damaged and requires immediate repair in order to avoid sewer backflows and further bank degradation in this residential area; and WHEREAS, the City recognizes that it is the sole owner of the sewer infrastructure and that all maintenance and repair is the sole responsibility and cost of the City; and AGREEMENT: NOW, THEREFORE, for and in consideration of mutual promises and undertakings set forth herein, the City and Vision Realty agree as follows: 1.The Project. The City, or its designee, shall repair and/or replace in full, the Combined Sewer Line. All efforts will be made to avoid disturbing any structure currently situated on or near the Combined Sewer Line during such repairs. To 24th. October, the extent that some incidental damage occurs to the structure currently existing on or near the Combined Sewer Line, the City shall compensate Vision Realty an amount not to exceed Five Thousand and 00/100 Dollars ($5,000.00) toward any repairs upon proof of an invoice/work order. The City, or its designee, shall be responsible for securing the areas of the riverbank which may be disturbed through this work (collectively the “Project”). The City, or its designee, shall execute its responsibilities as to the Project in a good, safe, and workman like manner, and in compliance with all applicable federal, state, and local laws, rules and permit conditions relating to the Project. 2. Access. In consideration of this Agreement and the City’s performance of the Project, and as of the Effective Date of this Agreement, Vision Realty hereby grants the City all necessary access to and from the Property, as the City, or its designee, deems reasonably necessary to perform the work contemplated by the Project. 3.Term. The term of this Agreement shall commence on the Effective Date and shall remain in effect until the Project is completed. The time estimated for the completion of the Project is five to six weeks after mobilization to the site. The City will notify Vision Realty of any delays in a timely fashion. 4.Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Parties hereto agree to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. 5.Relationship/Independent Contractor. Both Parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one Party shall not be deemed or construed to be the employee(s) or agent(s) of the other Party for any purpose whatsoever. Neither Party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or contractors of the other Party. 6.Indemnification. Vision Realty shall indemnify, defend, and hold harmless the City and its agents, representatives, designees, and employees from and against any and all claims, losses, and damages for personal injury, property damage, or economic harm asserted by any third-party as a result of the City’s efforts to perform the work contemplated by the Project. 7.Miscellaneous Provisions. a.Time of the Essence. The Parties agree that time is of the essence for this Agreement. b.Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be stricken and the remaining provisions of this Agreement shall remain unaffected as if the illegal or unenforceable provision never existed. c.Force Majeure. Neither Party will hold the other responsible for damages or delay caused by acts of God, acts of war, strikes, or other events beyond the other’s control. d.Choice of Law; Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana and venue shall lie in any of the federal or state courts located in St. Joseph County, Indiana. e.Waiver of Rights. Failure or delay by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. f.Headings. Headings in this Agreement are for reference only and shall not be considered binding terms of this Agreement. g. Countersignature and Electronic Signature. This Agreement may be signed in counterparts, each of which will be deemed an original and all of which, taken together, shall constitute one and the same instrument, binding on each signatory thereto. This Agreement may be executed by signatures, electronically or otherwise, which shall be binding upon each signing party to the same extent as an original executed version hereof. h.Notice. Any notice or communication between Vision Realty and the City that may be required, or that may be given, under the terms of this Agreement shall be in writing, and shall be deemed to have been sufficiently given when directly presented or sent prepaid, first-class United States Mail, addressed as follows: CITY: City of South Bend Attn: Board of Public Works 227 West Jefferson Blvd. 13th Floor South Bend, Indiana 46617 October 24, 2023 10/24/2023 10/24/2023 EXHIBIT A Legal Description Lot A Navarre Pl. 1st. EXCEPT 20' W SIDE FOR STREET 05/06 SPLIT TO STATE FOR STREET PER TRANS 13182 1/04/ SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/23/2023 Name Becca Plantz Department Public Works BPW Date 10/24/2023 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name Cynthia Simmons BPW Attorney Attorney Name Michael Schmidt 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: Ease./Encroach Required Information Company or Vendor Name New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name 116 East North Shore Drive Access Agreement Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Authorization, access, and indemnification agreement with the property owner of 116 E North Shore Dr, Vision Realty, LLC, for the repair of the outfall and bank of CSO 26. 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: