HomeMy WebLinkAbout6F(1) Access Agreement Douglas Road Retail PartnersF U)
ACCESS AGREEMENT
THIS AGREEMENT made this day of September, 2009, by Douglas Road
Retail Partners, LP (the "Property Owner ") and the City of South Bend Department of
Redevelopment, by and through its Redevelopment Commission (the "City").
RECITALS
WHEREAS, the Property Owner is the owner of certain real property located on the
north side of Douglas Road and described as Tax Parcel No. 24 -2019- 0425.02 (the
"Property "); and
WHEREAS, the City requires access to the Property in order to complete paving of
the access drive onto and across the Property; and
WHEREAS, the Property Owner is willing to permit the City and its respective
agents and consultants to gain access to the Property to complete the paving subject to the
terms and conditions stated herein.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Grant of Access. The Property Owner grants to the City, its agents, contractors,
employees and successors and assigns, a temporary, non - exclusive right on, in, across and
over the Property for the purposes of completing the paving of the access drive to be located
on the west sixty (60) feet of the Property. Access shall be limited to the West Sixty (60) feet
of the Property. This non - exclusive right to enter the Property shall be at all reasonable times
as determined by agreement of the parties. The City agrees to provide the Property Owner
with reasonable notice before accessing the Property.
2. Termination. The rights granted under this Agreement shall terminate on the
earlier of completion of the paving of the access drive on the Property by the City, or (ii)
delivery of written notice from the Property Owner to the City of South Bend, Department of
Law, County-City Building, Suite 1400, 227 W. Jefferson Boulevard, South Bend, Indiana
46601.
3. Indemnification. The City agrees to defend, indemnify and hold harmless the
Property Owner from and against any and all damages and claims arising from or related to
the acts or omissions of the City, its agents, contractors, employees, successors and assigns,
in the exercise of any privileges granted under this Agreement.
IN WITNESS WHEREOF, the parties have each executed this Access Agreement
effective as of the date first written above.
DOUGLAS ROAD RETAIL
PARTNERS, LP
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
Printed Name and Title
South Bend Redevelopment Commission
ATTEST:
Printed ,Fame and Title
South Bend Redevelopment Commission
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this
day of September, 2009, personally appeared , for and on
behalf of Douglas Road Retail Partners, LP, and acknowledged execution of the foregoing
Access Agreement on behalf of said organization.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal.
, Notary Public
Resident of St. Joseph County, Indiana
My commission expires:
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and
day of September, 2009, personally appeared
known to be the
State this
and
and
of the South Bend Redevelopment Commission and
acknowledged execution of the foregoing Access Agreement on behalf of said Organization.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal.
Notary Public
Resident of St, Joseph County, Indiana
My commission expires:
This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1400 County -City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601, (574) 235 -9294.
I affirm, 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.