HomeMy WebLinkAboutAccess Agreement - 427 Laurel Court - HASBCITY OF SOUTI I BEND. IN DIANA ENVIRONMENTAL ACCESS AGREEMENT
THIS AGREEMENT is made eflcc1ive the 26th day ofMay, 2026 ("Ellcctivc Date"). by the City of South Bend. by and through its Board of Public Works (the "City") and the Housing Authority of South Bend. an Indiana non-prolit organization ('"HASB"').
RECITALS
WHEREAS. in accordance with IC 36-9-6 et. al. the Board of Public Works is the authorized contracting agent of the City of South Bend: and
\VI IEREAS. HASB is the owner of certain property located at 427 Laurel Court within the City of South Bend. Indiana ('"Property"): and
WI IEREAS, the City desires access to the Property for the purpose of conducting environmental investigative testing (the "Ac1ivi1y··): and
WHEREAS. HASB is willing to permit the City and its designated contractor(s) access to the Properly subject to certain terms and conditions set fonh in this Agreement.
NOW. THEREFORE. in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufliciency of which arc hereby acknowledged, the parties agree as follows:
I.1·11\SB shall cooperate in allowing the City, as well as its rnspe,�tivc agents and
contractors access to and use of the Properly al all reasonable times to enable the City and its agents and contractors to obtain reasonable and necessary environmental investigative data. including. but not limited to. soil. soil gas, and groundwater data. To the extent that it may be
required to perform the Activity. HASB will allow the City to bore monitoring wells or take such additional samples as necessary to complete the Activity. provided that the City shall cause its designated contractor to cause as little disturbance as possible to the Property and shall take care to return the Property to as substantially similar condition as possible as of the Effective Date. The license to access the Properly shall continue for as long as reasonably necessary to ascertain site conditions and perform remedial work, as detennincd necessary in the sole discretion of the City. The City will provide HASB with reasonable prior notice of its access to the Property. I IASB will take reasonable actions to ensure that its agents. employees, contractors. and residents arc aware of the location of any monitoring wells or any remediation equipment in order to avoid damage thereto and potential exacerbation of any hazardous substance (as defined at 42 lJ.S.C.A. § 9601).
2.HASl3 shall not intentionally or unreasonably impair the City's ability to comply with applicable environmental laws or to perform the investigation work. HASB shall, at the sole cost of the City. cooperate with and assist the City in obtaining any required approvals. consents. permits or related documents required for the performance of the investigation work.
3.In consideration for authorization and approval by HASB for the City and its
designated contractor(s) to enter upon and use the Property in conducting the Activity, the City
May 26, 2026
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date 05/06/2026
Name Allison Doctor Department DCI
BPW Date 05/12/2026 Phone Extension 9337
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 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: Access Agreement Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description The site access agreement would allow City of South Bend and its designees
to perform environmental testing at 427 Laurel Court.
For Change Orders Only
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