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Home My WebLink About#2660- Deed; GRANT OF LICENSE Installation of above ground communication linesa�o Cam, 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ]. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 29, 2001 Mr. John Ford Jones Obenchain, LLP - 211 West Washington Street South Bend, Indiana 46634 RE: Grant of License Dear Mr. Ford: ,)-( (' a 'HONE 219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its December 11, 2000 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on December 12, 2000. Enclosed are copies for your records. Sincerely, at. Jacob, C rk Enclosure Frank Schaffer -South Bend -License Agreement (� 2-DO).doc Page I .--- ----- -- --- RECORDED ON 12-20-2000 9:29:04 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REG. FEE: 13.00 PAGES: 3 GRANT OF LICENSE INSTALLATION OF ABOVE -GROUND COMMUNICATION LINES BY GENERAL SHEET METAL WORKS, INC. ENCROACHMENT OF PUBLIC RIGHT -OF-WAY THIS GRANT OF LICENSE made this _ of December, 2000, by the City of South Bend, Indiana, through its Board of Public Works ("Grantor"), in favor of General Sheet Metal Works, Inc. ("General Sheet Metal"), its successors and assigns ("Grantee"). 15T1>t � `►T�•�•��: f 1T:1►�I WHEREAS, General Sheet Metal owns certain real estate commonly known as 1902 S. Main Street in the City of South Bend, Indiana, being improved parcels located at the south west and south east corners of Calvert Street and Main Street; and WHEREAS, General Sheet Metal desires to install above -ground communication lines over and across Main Street between different buildings on real estate owned and used in its business operations, which are located directly across Main Street from each other, which communication lines will encroach upon the public right-of-way; and WHEREAS, Grantor desires to grant rights of license for the purposes described herein, inasmuch as it presently appears such encroachment and grant of license will not interfere with the free and safe flow of traffic on such public right-of- way. NOW, THEREFORE, for and in consideration of the foregoing, the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. Grantor does hereby grant to Grantee an exclusive right, privilege and license to install, use and maintain one or more above -ground communication lines over and across Main Street, between buildings located on real estate owned and used by General Sheet Metal in its business operations, which are located directly across Main Street from each other at the south west and south east corners of Calvert Street and Main Street, in the City of South Bend, Indiana. 2. Detail. The above -ground communication lines shall be installed at a single location, perpendicular to Main Street, within an area ten (10) feet in width, not less than twenty-five (25) feet nor more than thirty-five (35) feet south of the south line Frank Schaffer - South Bend - License Agreement (12-00).doc T Page 2 of Calvert Street. The above -ground communication lines (and all appurtenant poles, wires, connections and conduits) shall be constructed and maintained in compliance with all applicable codes, regulations, ordinances and statutes. 3. Appurtenant. The license granted herein shall benefit and be appurtenant to Grantee. 4. License Revocable by Board. Grantor reserves the right to revoke this license at any time should it determine that the above -ground communication lines present a safety hazard to the public or that the full use of the right-of-way at this location is required, after thirty (30) days notice to Grantee. If Grantor so determines, it may take action to revoke this license at any regularly scheduled Board meeting after said notice, and such license shall thereafter be vacated. 5. Indemnification. General Sheet Metal agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of License. GRANTEE: GENERAL SHEET METAL GRNTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilo , President M. Ca herine Roemer, M tuber Donald E. Inks, Memebr Frank Schaffer -South Bend -License Agreement (12-00).doc Page 3 ATTEST: Angela K. acob, Clerk STATE OF INDIANA ) ST. JOSEPH COUNTY) SS: Before me, a Notary Public in and for said County and State, personally appeared Gary A. Gilot, M. Catherine Roemer and Donald E. Inks, known to mecr'�"'�'"�-r; members of the Board of Public Works of the City gyf South Bend lndiaoa k iy r. w4 acknowledged the execution of the foregoing on the -IL) �d-ay of December, oc My Commission Expires: v ID �� , Notary J. tblrcQ j �� A resident of St. Joseph County, Indial`t�r_:;:;x:. STATE OF INDIANA } ) ST. JOSEPH COUNTY) SS: Before me, a Notary Public in and for said County and State, personally appeared James R. Axelberg, known to me to be the President of General gt�et-W aY"` ^-1 Works, Inc., and acknowledged the execut`-�? 1 �+��a December, 2000. My Commission Expires: O I JONES OBENCHAIN, LLP ATTORNEYS AND COUNSELLORS SINCE 1906 THOMAS F. LEWIS, JR. TIMOTHY W. WOODS` JOHN R. OBENCHAIN ROBERT M. EDWARDS, JR. JOHN B. FORD MARK J. PHILLIPOFF' JOHN W. VAN LAERE'!"' EDWARD P. SENCHIK"' THOMAS F. LEWIS III JACQUELINE SELLS HOMANN CHARLES R. SHEDLAK"" COLIN J. REILLY J. THOMAS VETNE G. BURT FORD OF COUNSEL `ALSO ADMITTED IN MICHIGAN **ALSO ADMITTED IN ILLINOIS -ALSO ADMITTED IN OHIO "'"ALSO ADMITTED IN WISCONSIN Board of Public Works City of South Bend 1800 CITY CENTER 211 WEST WASHINGTON STREET POST OFFICE BOX 4577 SOUTH BEND, INDIANA 46634 www.jonesobenchain.com TELEPHONE (219) 233-1194 FAX (219) 233-8957 E-MAIL jbf@jonesobenchain.com MEMBER OF COMMERCIAL LAW AFFILIATES WITH INDEPENDENT FIRMS IN PRINCIPAL CITIES WORLDWIDE VITUS G, JONES (1879-1951) ROLAND OBENCHAIN (1090-1961) FRANCIS JONES (1907-1988) MILTON A JOHNSON (1906-1997) ROLAND OBENCHAIN, JR. (1916-1997) JAMES H, PANKOW RETIRED December 11, 2000 RE: General Sheet Metal Works, Inc. Application for Grant of License Above -Ground Communication Lines Encroaching Main Street Dear sirs: We represent General Sheet Metal Works, Inc., a manufacturing firm with a long history in this community. General Sheet Metal owns property on both sides of Main Street, immediately south of the intersection of Main and Calvert. Communication between the various operations on both sides of Main Street is critical to the Company. Presently, those needs are met by an underground line that was installed only four (4) years ago, but which is already obsolete. There are an insufficient number of wires and no fiber optic line, which is now needed. The Company has experienced the failure of underground wires, and routine repair/replacement prohibitive. In addition, there has a great deal some of the is cost - of recent underground cable installation activity going north and Main Street, and the Company has been advised on several that its underground cable is at risk of being severed course of this third -party construction activity. This catastrophic. south on occasions during the could be JONES OBENCHAIN, LLP -2- December 11, 2000 Finally, with rapid changes in technology, it is likely that anything the Company installs today will be insufficient or obsolete within a few years. They need the flexibility of being able to install new or additional communication lines in the future. There are no other overhead lines across Main Street between the Company's properties at this time, so we will not be interfering with anyone else's lines. The single cable we intend to install at this time is less than one inch (111) in diameter. However, we have not determined the best location for the line, and have therefore asked for the right to locate the cable within a strip ten (10) feet in width, from between twenty-five (25) and thirty-five (35) feet south of the south line of Calvert Street. We understand that all applicable codes and regulations must be met, and have included language to this effect in the body of the proposed License. Accompanying this letter is a Certificate of Insurance, issued to the City of South Bend on December 8, 2000, verifying the existence of commercial general liability insurance coverage with limits of $1 million/$2 million. Thank you for your consideration of this Application. Very truly yours, JONES OBENCHAIN, fyvVl John B. Ford 12/08/00 07.58 '$219 236 6399 ACORDGtK I IrRoA I G Vr L PROI.0 ER (E00)614-2122 FAX (219)236-6399 GIBSON INSURANCE GROUP P O sox 610, Plymouth YN 4GS93 or P 0 Box 11177 South Hand, IN 46614-0177 INSURED General Sheet Metal Works, Inc. I90Z S Main Street South Bcnd, IN 46613 GIBSON INSURANCE 4MUUt LITY INSURANCE DATE(M200 12/OB/2000 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INgLIARAA Indiana Insurance Co. INSURER D: INSURER C: INSURER D: I INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMkU ApuVC ran I i� �+� OR CONDITION OP ANY CONTRACT OR OTIICR pOCUME!!T VUITFI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED AND CONp1T1oN5 OF SUCH ANY RHQUIREZAENT, PERM OR MAY PERTAIN, THE 1NSllRANCE AFFORDED 8Y THE POLICIES DESCRI6E6 HEREIN I$ SUBJECT TO Atl THE TERMS, EXCLUSION$ POLICIES, l+GGREG/YE L1MIT$ SHpVVN MAY HAVE SEEN REDUCED Sv FAID GlAIMS. fR TYPEOFiN$URANCic p017CYNU�OER pATE1h1M10DlW DATE h1hS1001YY u�lTs rxxI;H000UEtItENL't s 1,000, 00 OENERALLU9IUTY BP9379O37 01/01/2D00 U1/U1/z001 FIRE DR1.iAGE (Arty aid fad) S so .00 X COMM`RCIAL GENERAL LIABILHY MEI) may, IAny om pg,a,I $ 15 , DO CL.AUS MADE D OCCUR PER 3O NAL 8 ADV INJURY S 1 , 000 , 00 A GENERAL AGGREGATE b z , 444 , 44 PROAUCTS- CCLIPIOPAGG S 2 .000 100 GENI AGGREGATE UMITAPPUE3 PER: POLICY JlCT X LOC 01/O1/2000 01/01/2001 CO"INED SINGLE LIMIT S A937$637 amrr ALROfI6eu�uu (EBeaKMftI) 1.000.00 X ANY AUTO BODILY IKJUliY ALL OWNED AUTOS (Per pereui) SCHEDULED AUTOS BODILY INJURY S A X HIRED AUTOS (Par B=Mr1I) X NON -OWNED AUTOS PROP DAMAGC s P{Par A6Cldboq AUTO ONLY - EA ACCIDENT S A BILfiY EA ACC S OTHER THAN TO AUTO ONLY; AC38 S eIIJTY U9376537 01/01/2000 01/01/2001 EACH OCCURRENCE s s.aoo,D AGGREGATL S 5, 000 , 0 ❑ CLAIMS WADE 9 S TIBLE 6 TION 6OMPENSATIONAN� C937&337 O1/O1/2000O1/01/ZOD1 X TOR L1M S ER C LIADILITY EL EACH ACCIDENT S(-L DISEASC. EA GIAPLOYE S E.L. olsensE - roucr uN,rr >' sac. o OTHCR -Ir_i FR]FYrlU3JONS ADDED BY EH DORSEMENTISPECML PRDV1910N9 , 6r CINAL INSURED; {NSURER LETTER City of South Bend 205 W. Jefferson Blvd. South Band, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POUC1a5 ut- EXPIRATION DATE 11iEREOF, THE MDING CoMpAMY WILL ENDEAVORTU MPIL �T DAYS VIRITTEN NOTICfi TO THE CERTIFICATS HOLDER NA!!EO T7 T1-IE. LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODUCIA'10N Ck L MEILITY OK AW KIND UPON THE COMPANY, ITS AGENTS OR REPREVDVAI' IVC5, - r ZEPRESENTATIVE Ins A9GMCY/CHRIS5 JONES OBENCHAIN, LLP ATTORNEYS AND COUNSELLORS SINCE 1906 THOMAS F. LEWIS, JR. TIMOTHY W. WOODS" JOHN R. OBENCHAIN ROBERT M. EDWARDS, JR. JOHN B. FORD MARK J. PHILLIPOFF' JOHN W. VAN LAERE*Y" EDWARD P. BENCHIK'"" THOMAS F. LEWIS III JACQUELINE SELLS HOMANN CHARLES R. SHEDLAK"" COLIN J REILLY J. THOMAS VETNE G. BURT FORD OF COUNSEL ALSO ADMITTED IN MICHIGAN "ALSO ADMITTED IN ILLINOIS -ALSO ADMITTED IN OHIO *"'ALSO ADMITTED IN WISCONSIN Board of Public Works City of South Bend 1800 CITY CENTER 211 WEST WASHINGTON STREET POST OFFICE BOX 4577 SOUTH BEND, INDIANA 46634 wwvjonesobenchain corn TELEPHONE (219) 233-1194 FAX (219) 233-8957 E-MAIL jbf@jonesobenchain.com MEMBER OF COMMERCIAL LAW AFFILIATES WITH INDEPENDENT FIRMS IN PRINCIPAL CITIES WORLDWIDE VITUS G. JONES (1879-1951) ROLAND OBENCHAIN (1890-1961) FRANCIS JONES (1907-19B8) MILTON A JOHNSON (1906-1997) ROLAND OBENCHAIN, JR (1916-1997) JAMES H PANKOW RETIRED December 11, 2000 RE: General Sheet Metal Works, Inc. Application for Grant of License Above -Ground Communication Lines Encroaching Main Street Dear sirs: We represent General Sheet Metal Works, Inc., a manufacturing firm with a long history in this community. General Sheet Metal owns property on both sides of Main Street, immediately south of the intersection of Main and Calvert. Communication between the various operations on both sides of Main Street is critical to the Company. Presently, those needs are met by an underground line that was installed only four (4) years ago, but which is already obsolete. There are an insufficient number of wires and no fiber optic line, which is now needed. The Company has experienced the failure of some of the underground wires, and routine repair/replacement is cost - prohibitive. In addition, there has a great deal of recent underground cable installation activity going north and south on Main Street, and the Company has been advised on several occasions that its underground cable is at risk of being severed during the course of this third -party construction activity. This could be catastrophic. JONES OBENCHAIN, LLP -2_ Finally, with rapid changes in that anything the Company installs today obsolete within a few years. They need the to install new or additional communication December 11, 2000 technology, it is likely will be insufficient or flexibility of being able lines in the future. There are no other overhead lines across Main Street between the Company's properties at this time, so we will not be interfering with anyone else' s lines. The single cable we intend to install at this time is less than one inch (111) in diameter. However, we have not determined the best location for the line, and have therefore asked for the right to locate the cable within a strip ten (10) feet in width, from between twenty-five (25) and thirty-five (35) feet south of the south line of Calvert Street. We understand that all applicable codes and regulations must be met, and have included language to this effect in the body of the proposed License. Accompanying this letter is a Certificate of Insurance, issued to the City of South Bend on December 8, 2000, verifying the existence of commercial general liability insurance coverage with limits of $1 million/$2 million. Thank you for your consideration of this Application. Very truly yours, JONES OBENCHAIN, -,,,J 4t, John B. Ford 12/08/00 07:58 '$219 236 6399 GIBSON INSURANCE LvjDuf ap= t .� CERTIFICATE OF LIABILITY INSURANCE DATE I1AWDD1YY) I 1 12,pa,2000 PRO""ER (E00)614-2122 FAX (219)236-6399 GIBSON INSURANCE GROUP P o Box 610, Plymouth IN 46 S 6 3 or P 0 Box 11177 South Bend, IN 46634-0177 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED G9neral Sheet Metal Works, Tnc. 1902 S Main Street South Bend, IN 46613 INSURF.RA' Indiana lnsuranGa Co. 1NGURERB: INBURERC: INSURERD: INSURER E COVERAGES THE POLIOIEB OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I DILATED. NOTWITHS)" ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FYCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RFDUCED BY PAID CLAIMS- URANCE POUCYNUM9ER UATEIMMIDDlYY)- DATE MMIDO(YY LIMITS LTR rGENEPALLIAWLITY ENERAL LIABILITYFIftE DE = OCCUR BP9379037 01/01/2000 U1/U1/2001 tAIHUC[UHRtNIt 9 1.000,000 DAMAGE (Arty,Sr\a fun) 3 S0,ODU NtEU t7iY (nr,y os+e Q"r"°('1 PERSONAL&ADV INJURY S 1,000.000 A GENERAL AGGREGATE d 21000,000 PRODUCTS - COMPIOPAGG S 2.000.00c GEN'L AGGREGATE UMrr APPLIES PER; POLICY jFIQT X LOG A9378837 01/01/2000 01/01/2001 COMBINED SINGLE LIMIT (Ea emdanQ 1,000,00 AUTOMOBILE LIABILITY Y ANY AUTO ALL OWNED AUTOS Bar INJURY (Per PQraw) SCHEDULED AUTOS A x HIRED AUTOS80DILY INJURY 3 IPer Bcm8m) X NON.OWNED AUTO& PROPERTY OAMAGC S (per axldont) AUTO ONLY - EA ACCIUEMT S GARAGE LIABILITY ANY AUTO CA ACC OTHER THAN AUTO ONLY: AC 8 3 S EXCESSLIABILTTY X DccuR � CLAIMS 6AAD& U9378537 01/01/2000 01/01/2001 FACH OCCURRENCE 1 s 5,000,00 3 5 , 000 , 00 _ AGGREGATE 3 A s DEDUCTIBLE s RETENTION G WORKERS OOMPEN5ATION AND EMpLOYERW UADIUTY C 9 3 7 6 3 3 7 01/01/2000 01 / 01 / 2 0 01 - X TO M S ER A EL EACH ACCIDENT EL DISEASE • CACMKO -- E.L.OlGrzASE-POLICY 40MIY 3 100 , 00 S 100,400 a 500.001 ADOMONAL INSURED; INSURER LETTER v City of south Bend 20S W. Jefferson Blvd. South Bond. IN 46601 SHOULD ANY OF THE ABOVE DESCR1a@O POLICIEta BE CANCEi-LED BEFpRETr16 EXPIRATION DATE THEREOF, THE ISSUING COMPP'W %ILLENOF.AVQR TO tams. n _ DAYS WFUTTEN NOTICE TO THE CERTLFICAT£ HOLLLEfr T, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 05U041ION C t1 IaI:ILITY OF ANY KIND UPON THE WMPANY, ITS AGENTS OR REPRESENTATIVL'$, Iris A enc /CHRISS ��