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HomeMy WebLinkAboutSidewalk Construction Agreement DP25-014 - Blueprint LLC ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA 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 May 27, 2025 Mr. Matt Cain Blueprint, LLC 5777 Cleveland Rd. South Bend, IN 46628 mattc@hrpconstruction.com RE: Sidewalk Construction Agreement Dear Mr. Cain: At its May 27, 2025 meeting, the Board of Public Works approved the above referenced agreement for the construction of sidewalk for the future if the adjoining properties develop. Enclosed please find the original of the agreement for your signature. Please sign and return the agreement to hhorvath@southbendin.gov. Please retain a copy 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/hh This Sidewalk Construction Agreement (“Agreement”) is made effective the _27th_ day of __May__, 2025 by and between Blueprint, LLC (the “Owner”) and the City of South Bend, by and through its Board of Public Works, a municipal corporation existing under the laws of Indiana (the “City”), with offices located at 227 West Jefferson Boulevard, South Bend, Indiana 46601. RECITALS A.WHEREAS, pursuant to I.C. 36-9-6-2, the City Board of Public Works hassupervisory authority over the City streets, alleys, sewers, public grounds, and other City ROW. B.WHEREAS, pursuant to Chapter 18 of the Municipal Code of the City ofSouth Bend (“Code”), the City 36-9-6-13, the City has the express authority to control and supervise sidewalks throughout the City. C.WHEREAS, Section 18-35 of the Code outlines the duty of an abuttingproperty owner to construct or repair a sidewalk bordering an owner’s property in a manner consistent with the Code at the sole expense of the property owner. D.WHEREAS, the Owner holds fee title to the real property located at 7775Cleveland Road (“Property”). E. WHEREAS, upon review of the plans for the improvements proposed for theProperty, the City advised Owner that a public sidewalk is required for the Property. F.WHEREAS, the Property does not currently have a sidewalk, there is nosidewalk adjacent to the Property boundaries, and the nearest public sidewalk to the Property is located at 6840 Nimtz Parkway, approximately 3,100ft from the Property, and the parcels immediately east and west of 7775 Cleveland Road are in St. Joseph County’s jurisdiction. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: 1. Recitals True. The above recitals are true. 2. Installation of a Sidewalk on the Property. (a) The installation of a public sidewalk on the Property shall not be required unless and until a public sidewalk is installed on either of the properties that are contiguous to the Property’s boundaries (“Adjoining Properties”). (b) The absence of a public sidewalk on the Property prior to the installation of a public sidewalk on one of the Adjoining Properties shall not be the basis for a City regulatory authority to withhold any approval or permit that may be needed from the City during the course of construction or any final approval or permit, including a certificate of occupancy, at the conclusion of construction in order for the Owner to occupy. (c) Owner shall bear the entire cost of installing a public sidewalk on the Property upon demand made by the City. (d) Any public sidewalk installed on the Property by Owner shall be in conformance with City standards. 3. Reporting Requirements. If the City believes that all of the conditions precedent to the Owner’s obligation to install a public sidewalk on the Property under this Agreement have been fulfilled, it shall provide written notice of such to the Owner. 4. Dispute Resolution. The Owner and the City shall use their best efforts to amicably and diligently resolve every controversy, question, claim, or dispute between them that arises out of this Agreement. In the event that the parties cannot fully resolve the dispute, the parties agree to use non-binding mediation by a mutually acceptable mediator to resolve the dispute. 5. Governing Law. This Agreement shall be deemed entered into in Indiana and shall be subject to the internal laws of the State of Indiana and any applicable federal law. 6. Legal Costs. The parties agree and stipulate that each party shall bear its own costs, expenses and attorneys’ fees in relation to this Agreement. 7. Miscellaneous Provisions. (a) Notice. Any notice required to be given pursuant to this Agreement shall be delivered to the appropriate party by Certified Mail Return Receipt Requested, or by overnight mail or courier service, to the following addresses: If to the Owner: Blueprint, LLC 5777 Cleveland Rd. (soon to relocate to 7775 Cleveland Rd.) South Bend, IN 46628 Attn: Matt Cain If to the City: City of South Bend, Department of Public Works 1316 County-City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 Attn: Director of Public Works with a copy to: City of South Bend, Legal Department 1200 County-City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 Attn: Corporation Counsel A party may designate a different address for notification under this subsection by notifying the other parties of such change in writing. (b) Further Actions. Each party agrees to execute all documents and to take all actions reasonably necessary to comply with the provisions of this Agreement and its intent. (c) Waivers. No failure or delay by a party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. (d) Captions. The captions for each section and subsection are intended for convenience only. (e) Severability. If any provision, or any portion of any provision, of this Agreement is found to be invalid or unenforceable, such unenforceable provision, or unenforceable portion of such provision, shall be deemed severed from the remainder of this Agreement and shall not cause the remainder of this Agreement to be invalid or unenforceable. If any provision, or any portion of any provision, of this Agreement is deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. (f) Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto. It may not be enforced by any party other than the parties to this Agreement, and shall not give rise to liability to any third party. (g) Successors and Assigns. The benefits and obligations of this Agreement shall inure to and be binding upon the parties hereto and their respective successors and assigns. The parties cannot assign their rights or obligations under this Agreement except with the written consent of the other parties. (h) Modification. Any change to or modification of this Agreement must be in writing signed by the parties to this Agreement. (i) Entire Agreement. This Agreement contains the entire understanding and agreement of the parties hereto and supersedes all other prior agreements and understandings, written or oral between the parties. There are no oral agreements. (j) Preparation of Agreement. This Agreement was drafted and entered into after careful review and upon the advice of competent counsel; it shall not be construed more strongly for or against any party. (k) Execution. This Agreement may be executed in counterparts, all of which taken together shall constitute one document. (l) Authorization. Each person signing for an entity warrants that he or she is duly authorized to do so. Blueprint, LLC __________________________________ City of South Bend CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ___________________________________ Elizabeth Maradik, President ___________________________________ Joseph Molnar, Vice President ___________________________________ Gary Gilot, Member ___________________________________ Jordan Gathers, Member ___________________________________ Murray Miller, Member ATTEST: ___________________________________ Theresa Heffner, Clerk May 27, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 5/19/2025 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 5/27/2025 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name 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: Sidewalk construction agreement Ease./Encroach Required Information Company or Vendor Name Blueprint, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name HRP Campus Project Number DP25-014 Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Agreement to construction sidewalk in future if adjoining properties develop 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: