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Home My WebLink AboutAccess Indemnification Agreement - Notre Dame and 749 Harrison Avenue Proj No 124-062 February 24, 2026 Mr. Brian Guarraci Office of the Vice President & General Counsel 204 Main Building Notre Dame, IN 46556 Bguarra1@nd.edu; kwalsh8@nd.edu RE: Access and Indemnification Agreement Dear Mr. Guarraci: At its February 24, 2026 meeting, the Board of Public Works approved the above referenced agreement to allow research of building demolition process for academic purposes at 747-749 Harrison 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/cb AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEMENT This AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEEMENT (the “Agreement”) is made and entered into this 5th day of February, 2026 (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 the University of Notre Dame Du Lac, a non-profit educational institution (“Notre Dame”). The City and Notre Dame are sometimes collectively referred to herein as the “Parties” and individually as a “Party”. RECITALS: WHEREAS, City is the owner of a building located at 749 Harrison Avenue, South Bend, Indiana, 46616 (the “Property”), and WHEREAS, Notre Dame desires to have access to the Property in order to perform academic research 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 and Notre Dame’s willingness toperform the work contemplated in this Agreement at its own expense, the Cityhereby grants Notre Dame all necessary access to and from the Property. Suchaccess shall include any and all of Notre Dame’s designees, guests, or invitees as Notre Dame deems reasonably necessary to perform the work contemplatedby this Agreement. Notre Dame has been advised that the Property is inherentlyhazardous and that it, and its designees, invitees, or guests, are accessing theProperty at their own risk. 2.Use. Notre Dame, or its designees, invitees or guests, shall be granted accessto the Property in order to perform academic research at its sole expense. Someof the research performed on the Property may entail items such as material non-destructive testing, drone scanning and structural modeling. Notre Dame shallhave the discretion to choose the type of testing it desires to perform provided such testing does not endanger the structure of the Property. Upon completion ofthe academic research, Notre Dame will notify the City and secure the Propertyin a manner acceptable to the City. At all times throughout the duration of thisAgreement, Notre Dame, or its designees, invitees or guests, shall exercise itsresponsibilities in a good, safe, and workmanlike manner, and in compliance with all applicable federal, state, and local laws, rules and permit conditions. NotreDame shall share its research and findings with the City upon request. 2 3.Term. Notre Dame shall have access to the Property from February 5, 2026through May 1, 2026. 4.Compliance with Laws. This Agreement shall be construed and interpretedaccording to the laws of the State of Indiana. The Parties hereto agree tocomply with all applicable federal, state and local laws, rules, regulations andordinances, and all provisions required thereby are hereby incorporated hereinby reference. 5.Relationship/Independent Contractor. Both Parties, in the performance of thisAgreement, shall act in an individual capacity and not as agents, employees,partners, joint venturers or associates of one another. The employee(s) oragent(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 toany property, arising out of the acts or omissions of the agents, employees orcontractors of the other Party. 6.Indemnification. It is understood that Notre Dame is performing this work in an effort to enhance and support its academic mission. Accordingly it isacknowledged and agreed that Notre Dame shall indemnify, defend, and holdharmless the City, including any such City agents, City officers, Cityrepresentatives, City designees, and City employees (collectively the “Indemnified Parties”) from and against any and all claims, losses, and damages for personal injury, property damage, or economic harm (collectively “Claims”)asserted by any third-party, including any of Notre Dame’s designees, invitees, orguests, as a result of the Notre Dame’s access to the Property, except to theextent that such Claims proximately arise out of the negligent or intentional act or omission of any Indemnified Parties. 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 illegalor unenforceable, such provision shall be stricken and the remainingprovisions 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 damagesor delay caused by acts of God, acts of war, strikes, or other eventsbeyond the other’s control. 3 d.Waiver of Rights. Failure or delay by either Party to enforce any provisionof this Agreement will not be deemed a waiver of future enforcement ofthat or any other provision. e. Headings. Headings in this Agreement are for reference only and shallnot be considered binding terms of this Agreement. f.Countersignature and Electronic Signature. This Agreement may be signed in counterparts, each of which will be deemed an original and all ofwhich, taken together, shall constitute one and the same instrument,binding on each signatory thereto. This Agreement may be executed bysignatures, electronically or otherwise, which shall be binding upon eachsigning party to the same extent as an original executed version hereof. g.Notice. Any notice or communication between Owner and the City thatmay be required, or that may be given, under the terms of this Agreementshall be in writing, and shall be deemed to have been sufficiently givenwhen directly presented or sent prepaid, first-class United States Mail, addressed as follows: CITY: City of South Bend Attn: Board of Public Works 215 S. Dr. Martin Luther King Jr. Blvd. South Bend, Indiana 46601 NOTRE DAME Attn: Brian Guarraci Office of the Vice President & General Counsel 204 Main Building Notre Dame, IN 46556 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. DATE: _________________________ DATE: _________________________ CITY OF SOUTH BEND BOARD OF PUBLIC WORKS __________________________ Elizabeth A. Maradik, President ___________________________ Joseph R. Molnar, Vice President UNIVERSITY OF NOTRE DAME DU LAC By: _________________________ Printed: _____________________ Title: ________________________ Stefanos Polyzoides Francis & Kathleen Rooney Dean School of Architecture February 24, 2026 4 __________________________ __________________________ Abigal Magas, Member __________________________ Murray L. Miller, Member ATTEST: _________________________ Hillary Horvath, Clerk BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/03/2026 Name Zach Hurst Department DPW BPW Date 02/24/2026 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt 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: Access and Indemnification Agreement Ease./Encroach Required Information Company or Vendor Name University of Notre Dame New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Demolition of 747-749 Harrison Avenue Project Number 124-062 Funding Source N/A Account No. Amount Terms of Contract Purpose/Description Access and Indemnification Agreement to allow research of building demolition process for academic purposes. 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: