Loading...
HomeMy WebLinkAbout6F(2) Access Agreement Douglas Road Partners & Memorial Health Care,� I= ( z) ACCESS AGREEMENT THIS AGREEMENT made this day of September, 2009, by Douglas Road Partners, LP (the "Property Owner "), Memorial Home Care, Inc. (the "Tenant ") 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 - 0425.03 (the "Property"); and WHEREAS, the Property Owner is currently leasing the Property to the Tenant; 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 and the Tenant are 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 and the Tenant each grant 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 east sixty (60) feet of the Property. Access shall be limited to the East 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 and the Tenant 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 and the Tenant 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 PARTNERS, LP MEMORIAL HOME CARE, INC. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name 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 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 State this day of September, 2009, personally appeared , for and on behalf of Memorial Home Care, Inc., 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 State this day of September, 2009, personally appeared and , known to be the 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.