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HomeMy WebLinkAboutRight of Entry for Demo Agreement - 1000 W. Sample St. Proj No. 123-014 – Shark Investments ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 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 January 23, 2024 Mr. David Farhan Shark Investments LLC PO Box 11664 South Bend, IN 46634 david2172182@yahoo.com RE: Right of Entry for Demolition Agreement Dear Mr. Farhan: 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 RIGHT OF ENTRY FOR DEMOLITIONAGREEMENT THIS RIGHT OF ENTRY FORDEMOLITION AGREEMENT ("Agreement") is enteredintoon January 23, 2024(“EffectiveDate”),by and between Shark Investments, LLC a limited liability corporation, P.O. Box 11664, South Bend, Indiana 46634, ("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,Grantoris therecordowner of thatcertain real property designated as parcel identification number 71-08-14-126-009.000-026, located at 1008 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, theGranteerequires 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. NOWTHEREFORE,forand inconsideration oftheforegoing 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 onthe Property. Granteeshall also be solelyresponsibleto ensurethat 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. Alllabor provided and materials furnished in performing the Work, shallbeat 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 theevent 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 suchlien having been removed. This paragraph does not applytoany lien or othersecurity 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 toits 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 areasto 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 beserved 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 party'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: Shark Investments LLC PO Box 11664 South Bend, IN 46634 Attention: Member/Owner 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 noticeis givenby certifiedmail,thedate 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. ThisAgreement shall begoverned by thelawsof theStateof 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, eachparty represents that it has hadtheopportunitytoconsult withits 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) 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 and Inclusion Officer Officer Name 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: Right of Entry for Demolition Ease./Encroach Required Information Company or Vendor Name Shark Investments LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Demolition of 1000 W. Sample St. – Former Fun FX Building Project Number 123-014 Funding Source N/A Account No. Amount Terms of Contract 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 $ Current Percent of Change: Increase Decrease % (%) New Amount $ Total Percent of Change: Increase Decrease % (%) Time Extension Amount: New Completion Date: