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Home My WebLink AboutTemporary License Agreement - 1410 Napier St. - Foxtrot RealtyTEMPORARY LICENSE AGREEMENT This Temporary License Agreement (the “Agreement”) is made and entered into as of ____________, 2025 by and between Foxtrot Realty Inc, with an address of 1410 Napier St., South Bend, IN 46601 (the “Licensor”) and the City of South Bend, acting by and through its Board of Public Works (the “Licensee”) (collectively referred to as the “Parties”). RECITALS WHEREAS, Licensor is the owner of certain real property located at 1410 Napier St., South Bend, IN 46601 (the “Property”); and WHEREAS, a utility easement exists on the Property benefitting the Licensee, within which a water main shut-off is located, which is currently inaccessible due to the placement of Licensor’s personal property; and WHEREAS, Licensor desires to grant to Licensee a temporary license the Property for purposes of relocating Licensor’s personal property that is blocking access to the water main shut- off pursuant to the terms contained herein. 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. Grant of License. Licensor hereby grants Licensee, including any contractors or agents hired by Licensee, a temporary, non-exclusive license to access the Property to enable Licensee to relocate Licensor’s personal property that is obstructing Licensee’s ability to reach and operate a water main shut-off valve. 2. Scope of Work. Licensee shall determine which items of Licensor’s personal property are to be moved and where such items shall be relocated within the Property, with final approval to be obtained by Licensee from Licensor, which approval shall not be unreasonably withheld. Licensee and its contractors or agents shall perform the work necessary to clear access to the water main shut-off valve, and such work shall relieve Licensor from any obligation to undertake such work itself. The Parties acknowledge that this performance by Licensee constitutes full and sufficient consideration for the rights granted under this Agreement. The Licensee shall comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the work performed on the Property. 3. Waiver and Release. Licensor hereby waives, releases, and discharges any and all claims, demands, or causes of action against Licensee and its contractors or agents for any damage to Licensor’s real property or personal property arising out of or related to the activities conducted under this Agreement except to the extent such claims, demands or causes of action are caused by Licensee or its contractors or agents gross negligence or willful misconduct. October 14 4. Indemnification. Licensee agrees to indemnify, defend, and hold harmless Licensor and its contractors or agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to the exercise of the license granted herein. 5. Term. This Agreement shall be effective as of the date of execution and shall remain in effect until the completion of the work described herein, unless earlier terminated by Licensee in writing. 6. Entire Agreement; Amendment. This Agreement embodies the entire agreement between the Licensor and Licensee and supersedes all prior discussions, understandings, or agreements, whether written or oral, between the Parties concerning Licensee’s use of the Property. This Agreement may be amended only by separate writing, signed by Licensor and Licensee. 7. Waiver. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 9. Authority; Counterparts; Signatures. Each undersigned person certifies that they are duly authorized to bind their respective party to the terms of this Agreement. This Agreement may be separately executed in counterparts by the Licensor and the Licensee, and the same, when taken together, will be regarded as one original agreement. Electronically transmitted signatures will be regarded as original signatures. [Signature page follows] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written below. LICENSOR: Foxtrot Realty Inc. By: Date: _______________________ Yatish Joshi, Manager LICENSEE: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ___________________________________________________________ Elizabeth A. Maradik, President Joseph R. Molnar, Vice President ____________________________________________________________ Gary A. Gilot, Member Murray L. Miller, Member ____________________________________________________________ Breana N. Micou, Member Attest: Hillary R. Horvath, Clerk Date:________________________ 9/24/2025 October 14, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/26/2025 Name Erin Michaels Department DCI BPW Date 10/14/2025 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Danielle Campbell Weiss 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: Temporary License Agreement Ease./Encroach Required Information Company or Vendor Name Redevelopment Commission of South Bend New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Temporary License Agreement for Relocation of Crates at 1410 Napier St Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Request for approval of a Temporary License Agreement to allow City staff temporary license to property at 1410 Napier St to relocate crates to access water shut-off valve to facilitate demolition of South Bend Range. 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: