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Home My WebLink AboutAuthorization Access Agreement - Demolition of Rabbi Shulman Apartments Proj No 125-0141316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601-1830 PHONE 574/235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 9, 2025 Ms. Marsha J. Parham -Green Housing Authority of South Bend, Inc. 501 Alonzo Watson Dr. South Bend, IN 46601 Mparham-green@housingauthoritysouthbend.org RE: Authorization Access and Indemnification Agreement Dear Ms. Parham -Green: At its September 9, 2025 meeting, the Board of Public Works approved the above referenced agreement for the access for the demolition of the former Rabbi Shulman Apartments at 628 W. Western Ave. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Hillary Horvath Hillary Horvath, Clerk Enclosures HH ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARYA. GILOT MURRAY L. MILLER BREANA N. MICOU AUTHORIZATION. ACCESS AND INDEMNIFICATION AGREEMENT This AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEEMENT (the "Agreement") is made and entered into this 9th day of September 2025 (the "Effective Date"), by and between the City of South Bend, Indiana, a municipal corporation, by and through its Board of Public Works (hereinafter, the "City"), and Housing Authority of South Bend, Inc. ("Owner"). The City and Owner are sometimes collectively referred to herein as the "Parties" and individually as a "Party". RECITALS: WHEREAS, Owner is the owner of a residence located at 628 West Western Ave., South Bend, IN (the "Property"), and WHEREAS, the City desires to have access to the Property in order to perform necessary local public improvements on the Property. AGREEMENT: NOW, THEREFORE, for and in consideration of mutual promises and undertakings set forth herein, the City and Owner agree as follows: 1. Access. In consideration of this Agreement, the City's willingness to perform the work contemplated in this Agreement at its own expense, and as of the Effective Date of this Agreement, Owner hereby grants the City all necessary access to and from the Property, as the City, or its designee, deems reasonably necessary to perform the work contemplated by this Agreement. 2. Use. The City, or its designee, shall, at its sole expense, shall be granted access to the Property in order to demolish the existing six -story vacant apartment building located at 628 W. Western Avenue, including its foundation, more commonly referred to as the Rabbi Shulman building. The City will be permitted to remove all asphalt parking, concrete flatwork, fencing, lighting, landscaping, and underground utilities. Upon completion of the demolition, the City will regrade the site, place new topsoil, and seed all disturbed areas. The City, or its designee, shall exercise its responsibilities in a good, safe, and workmanlike manner, and in compliance with all applicable federal, state, and local laws, rules and permit conditions. 3. Term. The City shall have access to the Property until the City completes the work contemplated in Section 2 above. 4. Compliance with taws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Parties hereto agree to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. 5. Relationshi tinde endent Contractor. Both Parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one Party shall not be deemed or construed to be the employee(s) or agent(s) of the other Party for any purpose whatsoever. Neither Party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or contractors of the other Party. 6. Indemnification. It is understood that the City is performing this work in an effort to enhance and support the mission of the Owner. Accordingly it is acknowledged and agreed that the Owner shall indemnify, defend, and hold harmless the City, including any such City agents, City representatives, City designees, and City employees from and against any and all claims, losses, and damages for personal injury, property damage, or economic harm asserted by any third -party as a result of the City's access to the Property. 7. Miscellaneous Provisions. a. Time of the Essence. The Parties agree that time is of the essence for this Agreement. b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be stricken and the remaining provisions of this Agreement shall remain unaffected as if the illegal or unenforceable provision never existed. c. Force Majeure. Neither Party will hold the other responsible for damages - ----- or delay-Gaused-by actts of God, acts of war, strikes, or other events beyond the other's control. d. Choice of Law; Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana and venue shall lie in any of the federal or state courts located in St. Joseph County, Indiana. e. WaiverofRights. Failure or delay by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. f. Headings. Headings in this Agreement are for reference only and shall not be considered binding terms of this Agreement. 2 g. Countersignature and Electronic Signature. This Agreement may be signed in counterparts, each of which will be deemed an original and all of which, taken together, shall constitute one and the same instrument, binding on each signatory thereto. This Agreement may be executed by signatures, electronically or otherwise, which shall be binding upon each signing party to the same extent as an original executed version hereof. h. Notice. Any notice or communication between Owner and the City that may be required, or that may be given, under the terms of this Agreement shall be in writing, and shall be deemed to have been sufficiently given when directly presented or sent prepaid, first-class United States Mail, addressed as follows: CITY: City of South Bend Attn: Board of Public Works 227 West Jefferson Blvd. 13th Floor South Bend, Indiana 46617 OWNER Attn: Po-Y sr►o_zT. 9av1naM- 501 pA urn U) Oi Scm ter• IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. DATE: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS tll�a Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Breana Micou, Member $A�f�ff_' Attest: Hillary R. Horvath, Clerk Date: September 9, 2025 DATE: Ci `6 ! 21 j 3) 6 0 Jc- OWNER HOUSING AUTHORITY OF SOUTH D, IN�Cf . By: Printed: R_Lr n 7r_61( _ Title: EMO_ �l� Y BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/29/2025 Name Zach Hurst Department DPW BPW Date 09/09/2025 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — RequirE ❑ 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: Authorization, Access and Indemnification Agreement Reauired Information Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution ❑ Ease./Encroach Housing Authoritv of South Bend ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑ Nos Demolition of Rabbi Shulman Apartments 125-014 N/A Request to approve access agreement with HASB to demolish the former Rabbi Shulman Apartments at 628 W. Western Avenue. For Change Orders Onl 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: