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Home My WebLink AboutRight of Entry for Demo Agreement - 1000 W. Sample St. Proj No. 123-014 – Jerid Enterprises1316 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 January 23, 2024 Mr. William J. Anksorus Jerid Enterprises, LLC 13353 Kingsfield Court Granger, IN 46530 wanksorus&gmail.com RE: Right of Entry for Demolition Agreement Dear Mr. Anksorus: At its January 23, 2024 meeting, the Board of Public Works approved the above referenced agreement which allows the Board of Public Works contractor onto parcels adjacent to 1000 W. Sample St., the former Fun FX building for purposes of demolition through Indiana's Unsafe Building Law, Project No. 123-014. Enclosed please find a copy of the agreement 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou gel a DI ► I wtva 11046 it) IN 1► . -a Do THIS RIGHT OF ENTRY FOR DEMOLITION AGREEMENT ("Agreement") is entered into on ,- 2024 ("Effective Date"), by and between Jerid Enterprises, LLC a limited liability corporation, 13353 Kingsfield Court, Granger, Indiana 46530, ("Grantor"), and City of South Bend, a municipality, by and through its Board of Public Works, 227 W. Jefferson Blvd, 13th Floor, South Bend, Indiana 46601 ("Grantee"). WHEREAS, Grantor is the record owner of that certain real property designated as parcel identification number 71-08-14-202-002.000-026, located at 1006 West Sample Street, South Bend, Indiana (the "Property"); and WHEREAS, the Grantee is pursuing demolition of the adjacent building at 1000 West Sample Street (the former Fun F/X building) through Indiana's Unsafe Building Law; and WHEREAS, the Grantee requires access to the Property to ensure a safe and controlled demolition of the former Fun F/X building as described and depicted on Exhibit A; and WHEREAS, Grantor is willing to allow Grantee access, over and across the Property for purposes of demolishing the former Fun F/X building, subject to the terms and conditions of this Agreement. NOW THEREFORE, for and in consideration of the foregoing promises and of the performance of the promises and covenants set forth herein, the parties agree as follows: 1. Grantor grants to Grantee, its officers, agents, employees and contractors, the non-exclusive right, privilege, license and authority, for ingress and egress, over and across the Property in order to: demolish the former Fun F/X building under Indiana's Unsafe Building Law. (such activities collectively referred to hereinafter as the "Work"). 2. Grantee acknowledges and agrees that Grantee will be solely responsible for the protection and security of any Grantee materials, equipment, machines and vehicles located on the Property. 3. Grantee acknowledges that the use of the Right of Entry shall be done at Grantee's sole risk, cost and expense, and that Grantee shall be solely responsible for obtaining and maintaining all necessary permits, rights -of -way and approvals associated with or required for the Work and activities contemplated under this Agreement. Grantee shall comply with all applicable laws, rules and regulations in conducting the Work and activities on the Property. Grantee shall also be solely responsible to ensure that all aspects of the Work fully comply with all laws and requirements that are or may become applicable. 4. Grantee shall repair any damage to the Property, including all lands, road, property, buildings or fences, which may result from the Work and from any and all damage due to negligence of their employees, contractors, or agents. 5. All labor provided and materials furnished in performing the Work, shall be at Grantee's sole cost and expense. Grantee shall keep the Property fully protected against liens of any kind arising out of or connected to Grantee's Work on or contamination of the Property. In the event that a lien is placed on the Property as a result of Grantee's activities or presence on the Property, Grantee shall immediately notify Grantor of such lien. Grantee shall also take action, at Grantee's sole cost and expense, to have any such liens promptly removed from the Property and shall provide Grantor with written evidence of such lien having been removed. This paragraph does not apply to any lien or other security interest on any improvements or personal property on the Property that is owned by the Grantee that arise as a result of the Work. 6. Grantee shall comply with all governmental statutes, ordinances, regulations, orders and directives concerning public health, safety or the environment ("Environmental Laws") applicable to its activities within, on and along the Property. If, as a result of any activities by the Grantee, there is any release of a pollutant, contaminant or Hazardous Substance, the Grantee shall promptly, at its sole cost and expense, take all steps necessary to contain the release and restore the affected areas to being in compliance with all applicable local, state and federal Environmental Laws. Grantee shall provide to Grantor copies of any and all correspondence, notices, etc., prepared by or received by Grantee under Environmental Laws, associated with its Work on the Property. 7. Grantee agrees and undertakes to defend, indemnify, and hold harmless the Grantor, and its respective officials, employees, agents, successors, and assigns, from and against any liability, loss, costs, damages, or expenses, including attorneys' fees, which the Grantor may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of Grantee's use of the Right of Entry. If any action is brought against the Grantor, or its officials, employees, agents, successors, and assigns, in connection with Grantee's use of the Right of Entry, Grantee agrees to defend such action or proceeding at its own expense and to pay any judgment rendered therein. 8. This Agreement shall expire one (1) year from the date hereof, but may be terminated before that date, by either Grantor or the Grantee by giving the other party written notice of termination, at least ninety (90) days in advance of the effective date of such termination. 9. All written notices required or permitted under this Agreement 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, or (ii) overnight delivery by recognized overnight carrier to the party to whom the same is directed at that parry's respective address, as set forth below. If to Grantee: Corporation Counsel City of South Bend, Indiana 227 W. Jefferson Blvd., Ste. 1200 South Bend, IN 46601 If to Grantor: Jerid Enterprises LLC 13353 Kingsfield Court Granger, IN 46530 Or at such other 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). 10. This writing constitutes the full and entire agreement of the parties regarding the subject matter hereof. If any paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining paragraphs, parts, terms or provisions shall not be affected and shall remain in full force and effect. 11. This Agreement shall be governed by the laws of the State of Indiana. 12. Each party and signatory to this Agreement represents and warrants to the other party that it has full power, authority and legal rights, and has completed all proceedings and obtained all approvals necessary, to executive, deliver and perform this Agreement. Further, each party represents that it has had the opportunity to consult with its legal counsel regarding this Agreement prior to signing. The judicial rule of construction requiring or allowing a document to be construed against the interests of the document's maker or drafter shall not apply to this Agreement. 13. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but together the counterparts shall constitute one and the same document. 14. No amendments, modifications, alterations, or additions to this Agreement shall be binding unless made in writing and signed by the parties signing this Agreement below or their respective legal representatives of successors. 15 Grantee's Contractor will name Grantor as additional insured during project duration. (Signatures on following page) IN WITNESS WI IEREOF, the parties hereto have entered into this Right of Entry For Demolition Agreement as of the date provided above. JERID ENTERPRISES, LLC Signature Printed Name Title CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member �/ V' t Joseph R. Molnar, Vice President Briana Micou, Member 4 Attest: Theresa M. Heffner, Clerk Date: January 23, 2024 EXHIBIT A Refer to the following exhibit for scope of work: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/16/2024 Name Zach Hurst Department DPW BPW Date 01/23/2024 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Michael Schmidt Purchasing ❑ Check the Appropriate Item Type — Requir, ❑ Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Amendment/Addendum ❑ Bid Opening ❑ Bid Award ❑ Quote Opening ❑ Quote Award ❑ Proposal Opening ❑ C/O & PCA No. ❑ Chg. Order, No. ❑ Traffic Control ® Other: Right of Entry for Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information Jerid Enternrises LLC All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution ❑ Ease./Encroach ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑ Nos Demolition of 1000 W. Sample St. — Former Fun FX Building 123-014 N/A Purpose/Description This right of entry allows a BPW contractor onto the parcels adjacent to the former Fun F/X building for purposes of demolition through Indiana's Unsafe Building Law For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: