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HomeMy WebLinkAbout6B2am SpU TH g�, 04 gAi�iiR /���ti !�z Department of Community Investment 1865 Memorandum May 30, 2013 TO: Redevelopment Commission pp FROM: David Relos, Economic Resourcesof SUBJECT: Authorization For Entry Upon and the Temporary Use of Private Property Memorial Parking Phase 36 Attached to this memorandum is an agreement that allows access for the Memorial Parking Phase 36 Project. This Agreement allows the Commission and its agent's access to the property covered by this project, and is temporary to the length of the project, or November 30, 2013. Staff requests approval of the Authorization For Temporary Entry Upon and the Temporary Use of Private Property (Access Agreement), to allow the City and the approved contractors on site to complete the demolition and parking lot work this project covers. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PRIVATE PROPERTY THIS AGREEMENT is made effective the day of 2013, by and between the CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT, acting by and through its South Bend Redevelopment Commission (the "Commission ") and MEMORIAL HOSPITAL (the "Organization "). RECITALS WHEREAS, the Organization is the owner of certain real property and improvements located in St. Joseph County, Indiana, which property is located on North Michigan Street, in South Bend, Indiana, and known as: Parcel No. Address Common Name 18- 1004 -0131 502 N. Michigan Pizza Hut Parking Lot 18- 1004 -0130 516 -520 N. Michigan Pizza Hut Parking Lot 18- 1004 -0129 522 N. Michigan Pizza Hut Parking Lot 18- 1004 -0128 526 N. Michigan Pizza Hut Parking Lot 18- 1004 -0127 530 N. Michigan Leighton Building 18- 1004 -0126 534 N. Michigan Leighton Building 18- 1004 -0132 117 E. Marion Pizza Hut Parking Lot 18- 1004 -0133 119 E. Marion Pizza Hut Parking Lot 18- 1004 -0137 505 N. St. Joseph Pizza Hut Parking Lot 18- 1004 -0156 114 E. Navarre Pizza Hut Parking Lot 18- 1004 -0161 V/L 500 blk N. Michigan Pizza Hut Parking Lot 18- 1003 -0092 401 N. Michigan Eye Doctor Building (collectively, the "Organization Property "); and WHEREAS, the Organization Property is located in the northerly gateway to the City's Central Business District and the Commission desires that the area should be renovated to enhance this gateway, which will result in a more cohesive look to this area and better marketing of the City's Medical Mile District which is in the best interests of the Citizens of South Bend; and WHEREAS, the Organization desires to demolish and remove certain improvements located on the Organization Property; and WHEREAS, the Commission has the expertise and capability to accomplish the demolition and removal desired by the Organization (the "Demolition Activity "); and WHEREAS, the Organization desires to complete parking lot improvements on certain parcels located within the Organization Property; and WHEREAS, the Commission has the expertise and capability to accomplish the parking lot improvements desired by the Organization (the "Parking Lot Improvements "); and WHEREAS, the Commission is willing to complete the Demolition Activity and the Parking Lot Activity in order to further the Commission's desire to improve the area in this northerly gateway and the Organization Property; and WHEREAS, the Organization is willing to grant to the Commission, its employees and agents access to and the non - exclusive use of the Organization Property to conduct the Demolition Activity and the Parking Lot Activity, 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. The Organization grants to the Commission, its employees and agents, a temporary, non - exclusive right on, in and across the Organization Property for the purpose of conducting the Demolition Activity and the Parking Lot Activity (collectively, the "Activities ") described herein. This non - exclusive right to enter upon and use the Organization Property for the Activities is available only as set forth herein. 2. The parties agree that the Activities shall consist of the following: a. The Commission will demolish existing improvements necessary to carry out the parking lot improvements on these parcels, before November 30, 2013. b. The Commission will contract for and complete the parking lot improvements in the estimated amount of $1,100,000.00, before November 30, 2013. 3. In consideration for authorization and approval by the Organization for the Commission to enter upon and use the Organization Property in conducting the Activity, the Organization hereby agrees and undertakes to hold the City of South Bend, Indiana, its agents, contractors, employees, successors and assigns, free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees, which the City of South Bend 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 the Organization. If any action is brought against the City of South Bend or its agents, contractors, employees, successors and assigns, because of the aforementioned Activity, the Organization agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 4. The Parties understand and agree that the access rights granted under this agreement to accomplish the Activities are temporary and do not constitute either a lease or an 2 interest in the Organization Property. 5. Except as otherwise provided in this Agreement, upon any default in or breach of this Agreement by either party or any successor to such party, such party (or successor), upon written notice from the other, shall proceed immediately to cure or remedy such default or breach within thirty (30) days after receiving the notice. If action is not taken or not diligently pursued, or the default or breach is not cured or remedied within a reasonable time, the aggrieved party may institute proceedings necessary or desirable in its sole opinion to cure and remedy the default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 6. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, limited liability company, partnership or association in which he /she is, directly or indirectly, interested. No member, official or employee of the City shall be personally liable to the Organization, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Organization, its successors or assigns or on any obligations under the terms of this Agreement. 7. A notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally and a. in the case of the Organization, is addressed to or delivered personally to the Organization as follows: Memorial Hospital of South Bend, Inc. ATTN: Jeffrey Costello 615 N. Michigan St South Bend IN 46601 b. in the case of the Commission, is addressed to or delivered personally to the Commission as follows: South Bend Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 ATTN: President With copy to: City Attorney Department of Law 1200 S. County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 or at such other address with respect to such party as that party may from time to time designate in writing and forward to the other party as provided in this Section. 8. The Commission will secure at its expense, all necessary permits and authorizations needed in order to conduct the Activities. 9. The Commission understands and agrees that it will, at its own expense, observe and comply with all statutes, laws, ordinances, requirements, orders, rules and regulations of all governmental authorities. 10. The Organization, at its expense, shall maintain during the term of this Agreement, general liability insurance on the Organization Property covering the Organization as the named insured and identifying the City of South Bend, Indiana, as an additional insured with terms satisfactory to the Commission and with companies qualified to do business in the State of Indiana, for limits of not less than $1,000,000.00 for bodily injury, including death resulting therefrom, and personal injury for any one (1) person in any one (1) occurrence, $5,000,000.00 for such injuries for all persons for any one (1) occurrence, $700,000.00 property damage insurance, or a combined single limit in the amount of $5,000,000.00. Notwithstanding the foregoing, the Organization shall, at all times, maintain said general liability insurance naming the City of South Bend, Indiana, as an "additional insured" for bodily injury, including death resulting therefrom and personal injury with limits sufficient to cover the Commission's exposure to liability for said injuries, which amounts are set forth at Indiana Code § 34- 13 -3 -4, as the same may be amended, superseded or recodified from time to time. 11. The Organization, for itself and its successors and assigns, agrees that during the term of this Agreement, the Organization shall not discriminate on the basis of race, color, creed, sex or national origin in the sale, lease, rental, use or occupancy of the Organization Property. 12. This Agreement shall be governed by the laws of the State of Indiana. 13. The undersigned person(s) executing and delivering this Agreement on behalf of the Organization represents and certifies that s/he is a duly authorized member of the Organization and has been fully empowered, by proper action by the Organization to execute and deliver this Agreement and that all necessary corporate action has been taken and done by the Organization. 14. The access rights granted under this agreement shall expire on November 30, 2013 without any further action on the part of either party. rd IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above. ATTEST: Signature Printed ame and Title ATTEST: Printed Name and Title South Bend Redevelopment Commission Memorial Hospital Signature e rev Costello. CFO CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed ame and Title South Bend Redevelopment Commission STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Jeffrey Costello, known to me to be the CFO of MEMORIAL HOSPITAL, and acknowledged the execution of the foregoing Agreement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of 2013. Notary Public Residing in St. Joseph County, IN My Commission Expires: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared and , known to me to be the and of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Agreement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the _ day of 2013. Notary Public Residing in St. Joseph County, IN My Commission Expires: I affinn, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law. Lawrence J. Meteiver This instmment was prepared by Lawrence J. Meteiver, Assistant City Attorney, City of South Bend, 227 West Jefferson, 1400 County -City Building, South Bend, Indiana 46601. 3 EXHIBIT "A" Activities Parcels