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Home My WebLink AboutTemporary Access Agreement - Redevelopment Commission of SB - History MuseumTEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of � 4q 41900by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the "City"), and Northern Indiana Historical Society Inc. d/b/a/ The History Museum, an Indiana non-profit corporation with its principal office at 808 W. Washington St., South Bend, IN 46601 (the "Museum"). RECITALS A. The City is the owner of certain real property, located at 910 Oliver Plow Court South Bend IN 46601 (the "Property"), as more particularly described in attached Exhibit A (the "Property"). B. The Property is the site of the Oliver Memorial Park commemorating the works of James Oliver and the Oliver Plow Company. C. The Museum desires to assist in lawn maintenance and general care of the site but requires a right of access to the Property (the "Work"). The Work specifically excludes the smokestack present on the Property. D. The City has agreed to grant the Museum a right of access to the Property on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Access to the Museum. The City hereby grants to the Museum a non- exclusive, temporary access right to use exterior and interior portions of the Property for the purpose of allowing the Museum to engage in the Work. The parties agree that the Museum will have no right under this Agreement to install improvements of any kind on the Property, or to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the City. At all times during the Work, the Museum will use or cause to be used reasonable efforts to keep the Property in substantially the same order and condition as of the Effective Date (as defined below). 2. Term and Termination. This Agreement shall commence effective May 27, 2025 (the "Effective Date") and shall terminate on May 27, 2028. 3. Maintenance; Restoration. The Museum will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by the Museum or its invitees upon the Property. In the event the Museum fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the Effective Date, the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses the Museum will pay promptly upon the written demand of the City. 4. Compliance. The Museum understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, 1 ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Work. 5. Ownership. The City represents and warrants that it is lawfully seized of the Property, that it has full right and power to grant the access right, and that the Property is free from all encumbrances, except any matters of record. 6. Hazardous Materials. The Museum shall not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted upon the Property. 7. Indemnification. The Museum understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of the Museum's property or any bodily harm or injury that may result from the Museum's use of the Property. The Museum understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property the Museum or its invitees use in connection with the Work while on the Property. The Museum shall indemnify, defend, and hold the City harmless from and against any and all claims resulting from damage to any property upon the Property or injury to any person upon the Property and to pay any judgment rendered therein. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 8. Insurance. The Museum will maintain commercial general liability insurance coverage in the minimum amount of at least $1,000,000 per occurrence and will designate the City as an additional named insured under any such policy of insurance. Promptly following the Effective Date of this Agreement, the Museum will produce to the City a certificate of insurance evidencing the same. 9. Reservation of Rights. The City reserves for itself the free use of the Property in any manner not inconsistent with the terms of this Agreement. 10. Benefit. The parties intend that each of the rights and obligations set forth herein shall inure to the burden or benefit of the respective parties and their related companies, successors, and assigns. 11. Notices. Any notices required under this Agreement may be provided (a) by hand - delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each party's respective address and the representatives stated below. City: City of South Bend, Indiana 1400 S. County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Erin Michaels, Property Development Manager With a copy to: South Bend Legal Department 1200 S County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel The Museum: The History Museum 808 West Washington Street South Bend, IN 46601 Attn. Brian Harding, Executive Director 12. Waiver. One or more waivers of any condition herein by the City shall not be construed as a waiver of a subsequent breach of the same condition. 13. Governing Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana and any claims arising hereunder shall be brought in the courts of St. Joseph County, Indiana. 14. Authori .Each undersigned person signing on behalf of his/her respective party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. [Signature pages follow.] 3 IN WITNESS WHEREOF, the parties have entered into this Temporary Access Agreement and executed the same on the date set forth next to their signatures. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Briana Micou, Member Murray L. Miller, Member ATTEST: ((Theresa M. Heffner, Clerk Date: Mav 27, 2025 NORTHERN INDIANA HISTORICAL SOCIETY INC. d/b/a THE HISTORY MUSUEM Pri: Title: Executive Director Date: S-1101 100d EXHIBIT A Description of %y Tax ID No. 018-3061-235104 Parcel Key No. 71-08-11451-002.000-026 Legal Description: Lot B Oliver Plow Works 1st Major Sec 1 First Replat & CONT 0.34282 AC+/- NP# 771 02-024 2 Commonly known as: 910 Oliver Plow Ct., South Bend IN 46601 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/19/2025 Name Erin Michaels Department DCI BPW Date 5/27/2025 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Danielle Campbell Weiss Purchasing ❑ Check the Appropriate Item Type — Reg ❑ 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: Temporary Access Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution ❑ Ease./Encroach Redevelopment Commission of South Bend ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑s ❑ No Access Agreement — Oliver Plow Memorial Purpose/Description Request for approval of Temporary Access Agreement to permit The History Museum access to the Oliver Plow Memorial for lawn maintenance, excludin; the smokestack, until 5/27/2028. 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: