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Home My WebLink AboutTemporary Use Agreement - 628 W. Western Ave. Proj No. 123-046 – Housing Authority of South Bend INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Patrick Sherman SUBJECT: Housing Authority of South Bend: Temporary Use Agreement DATE: 08/08/2024 Greetings, To help facilitate the large project at Four Winds Field, the City would like to enter into a Temporary Use Agreement with the Housing Authority of South Bend to use the property across S. Taylor street from the stadium for construction staging during the project. The contractor will restore the site following the completion of the project. The agreement and staging plan are attached. Please let me know if you have any questions. Thank you. Patrick Sherman CITY OF SOUTH BEND, INDIANA AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PUBLIC PROPERTY LOCATED AT 628 WEST WESTERN AVENUE THIS AGREEMENT is made effective the 13th day of August, 2024, by the City of South Bend, by and through its Board of Public Works ("BPW") and the Housing Authority of South Bend, an Indiana non-profit organization (“HASB”). RECITALS WHEREAS, in accordance with IC 36-9-6 et. al, BPW is the authorized contracting agent of the City of South Bend; and WHEREAS, HASB is the owner of certain property located at 628 West Western Avenue within the City of South Bend, Indiana, which property is more specifically described at Exhibit “A” attached hereto and incorporated herein (“Property”); and WHEREAS, BPW desires temporary access to the Property for the purpose of staging construction and other related activity necessary for the successful construction at Four Winds Field located at 501 South Street, South Bend, IN which (collectively the “Activity”); and WHEREAS, HASB is willing to permit BPW and its designated contractor(s), specifically including Larson Danielson (“Contractor”) access to and temporary use of the Property subject to certain terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. HASB grants to BPW, Contractor, its agents, contractors and employees, a temporary non-exclusive right on, in and across the Property for the purpose of conducting the Activity described herein. This non-exclusive right to enter upon and use the Property for said Activity shall be at all reasonable times throughout the intended construction period. 2. In consideration for authorization and approval by HASB for BPW, Contractor, and its designated contractor(s) to enter upon and use the Property in conducting the Activity, BPW hereby agrees that its contract with any such contractor shall require the contractor to hold HASB, its employees, successors and assigns, free and harmless from any liability, loss, costs, damages or expenses, including attorney’s fees, which HASB may suffer or incur, as a result of any claims or actions which may be brought by any person or entity arising out of the approval granted herein by HASB. If any action is brought against HASB, its employees, successors and assigns, because of the aforementioned Activity, the undersigned agrees to require its contractor to defend HASB in such action or proceedings at its own expense and to pay any judgment rendered therein. 3. The rights granted under this Agreement shall terminate upon the earlier of (i) March 26th of 2026, by which the Activity will have ceased on the Property or (ii) delivery of written notice from BPW to HASB. 4. To the extent that any portion of the Property is disturbed in connection with the exercises of the privileges granted under this Agreement, BPW shall require its contractor to restore the Property to the same, or better, condition in which it was immediately prior to such disturbance to the reasonable satisfaction of HASB at BPW’s contractor’s sole expense. 5. Neither BPW or its Contractor, or its designees shall, without the prior written consent of HASB, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked or emitted in or about, or treated at the Property by it or its contractors. 7. The undersigned person(s) signing on behalf of his/her respective Parties certify that he/she is duly authorized to bind his/her respective Party to the terms hereof. (Signature Page to Follow) IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above. HOUSING AUTHORITY OF SOUTH BEND CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Breana Micou, Member Murray L. Miller, Member ATTEST: ________________________ Theresa Heffner, Clerk August 13, 2024 Exhibit A Project: Sheet Number: Sheet Name: Set Name: Revisions City of South Bend Created: 2/19/2024 FOUR WINDS FIELD EXPANSION & RENOVATION Site Logistics & Phasing Plans WWWSTST ST STSTSTSTSTSTSTSTSTSSST STSTSTS T ST SS SSWW STC WWWWWWWWAREA A AREA A AREA B AREA E AREA GAREA CAREA FAREA D1 EXISTING TEAM STORE PROP O S E D LEFT FI E L D BUILDI N G SPLASH PAD AND PLAYGROUND P R O P O S E D C E N T E R F I E L D B U I L D I N G & P L A Z A PROPOSED ENTRANCE BAR PROPOSED FUN ZONE C L U B V E N U E R E NO V A T IO N 2ND LEVEL SUITE AND GROUP VENUE AD D I T I O N PLAYING FIELD RENOVATION LEFT FIELD ENTRANCE IMPORVEMENTS EXISTING TIKI HUT 2ND LEVEL SUITE AND GROUP VENUE ADDITIONSOUTH STREET STPROPOSED FUN ZONE START OF CONSTRUCTION FALL 2024 1 TRUCK STAGING AND LAYDOWN AREA STONE PAD OFFICE TRAILERS TEMP FENCING STONE CRANE PAD STONE CRANE PAD STEEL LAYDOWN STEEL LAYDOWNCONSTRUCTION TRAFFICCONSTRUCTION TRAFFICCONTRACTOR PARKING LOT STONE ENTRANCE CONSTRUCTIONTRAFFICSTONE ENTRANCECONSTRUCTION TRAFFICTEMP FENCING Project: Sheet Number: Sheet Name: Set Name: Revisions City of South Bend Created: 2/19/2024 FOUR WINDS FIELD EXPANSION & RENOVATION Site Logistics & Phasing Plans WWWSTST ST STSTSTSTSTSTSTSTSTSSST STSTSTS T ST SS SSWW STC WWWWWWWWAREA A AREA A AREA B AREA E AREA GAREA CAREA FAREA D1 EXISTING TEAM STORE PROP O S E D LEFT FI E L D BUILDI N G SPLASH PAD AND PLAYGROUND P R O P O S E D C E N T E R F I E L D B U I L D I N G & P L A Z A PROPOSED ENTRANCE BAR PROPOSED FUN ZONE C L U B V E N U E R E NO V A T IO N 2ND LEVEL SUITE AND GROUP VENUE AD D I T I O N PLAYING FIELD RENOVATION LEFT FIELD ENTRANCE IMPORVEMENTS EXISTING TIKI HUT 2ND LEVEL SUITE AND GROUP VENUE ADDITIONSOUTH STREET STPROPOSED FUN ZONESTST ST STSTSTSTSTSTSTSTSTSTSTSTSTSSSTWW AREA D1 AREA D1 EXISTING TEAM STORE PROP O S E D LEFT F I E L D BUILDI N G LEFT FIELD ENTRANCE IMPORVEMENTS W START OF EVENTS BUILDING CONSTRUCTION SPRING 2025 2CONSTRUCTION TRAFFICTEMP FENCING DURING SEASON TRUCK STAGING AND LAYDOWN AREA STONE PAD OFFICE TRAILERS TEMP FENCING STONE CRANE PAD STONE CRANE PAD CONCOURSE MATERIAL ACCESS AREACONSTRUCTION TRAFFICCONSTRUCTION TRAFFICCONTRACTOR PARKING LOT STONE ENTRANCE CONSTRUCTIONTRAFFICSTONE ENTRANCECONSTRUCTION TRAFFICTEMP FENCING TEMP FENCING CONCOURSE MATERIAL ACCESS AREA TEMP FENCING BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/08/2024 Name Patrick Sherman Department Public Works BPW Date 08/13/2024 Phone Extension 5601 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 Mickey Lovy 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 Housing Authority of South Bend New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Four Winds Field Renovation & Expansion Project Number 123-046 Funding Source N/A Account No. N/A Amount $0.00 Terms of Contract Temporary Use Agreement Purpose/Description This is a temporary use agreement that allows for the City’s Contractor on the Four Winds Field project to use a small portion of the Housing Authority’s property for staging during the project. 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: