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Home My Public Portal About062-2023 - Marjorie Casebolt - site access agreement SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY FOR POST EMERGENCY-DEMOLITION REHABILITATION ACTIVITIES This Site Access Agreement ("Agreement") is made by and between the City of Richmond, Indiana ("City"), and Marjorie A. Casebolt, collectively the "Parties," regarding the property which is owned by Marjorie A. Casebolt, which is more specifically described below, and which is located at the common address of 914 E Main Street in Richmond, Indiana, in Wayne County ("Site"). A part of Lot Number 123 in that part of the City of Richmond, laid out by Charles W. Stan-, beginning at a point in the north line of Main Street, 1 foot west of the original southeast corner of said Lot Number 123; thence north parallel with the east line of said lot to the alley; thence west with the south line of alley 15 feet; thence south to the north line of Main Street; thence east 15 feet to the place of beginning. ALSO 3 feet and 9 inches off the west side of the following described land, to-wit: Beginning 5 feet east of the original southeast corner of said Lot 123 in that part of the City of Richmond laid out by Charles W. Starr in the middle of an alley vacated by Ordinance of the City Council, December 5, 1865; thence west along the north line of Main Street 6 feet; thence north to the north line of said lot; thence east 6 feet to the middle of the vacated alley; thence south along the middle of said alley to the place of beginning. As recorded in the office of the Wayne County Recorder, Parcel Number: 89-16-32- 440-808,000-030 The above-described property and Site owned by Marjorie A. Casebolt is adjacent to a double-lot property located at 91(1/914 E Main Street, Richmond, Indiana, which adjacent property was previously the location of an emergency demolition due to a partial collapse of an unsafe structure previously located on the adjacent property. The unsafe adjacent property structure had partially consisted of a common wall previously shared and said common wall now continues to exist solely on the Site owned by Marjorie A. Casebolt and is now also considered by the Parties to be a wall in need of further rehabilitation. The Parties wish to now execute this Site Access Agreement to evidence respective authority and intent to enter the Site owned by Marjorie A. Casebolt for the exclusive rehabilitation purposes listed herein. Pursuant to and in agreement with the above recitals, the parties hereby acknowledge and agree as follows: 1. The Parties have entered into discussions concerning rehabilitation and repairs which include the following activities which are intended to be conducted at the property and Site owned by Marjorie A. Casebolt, which activities specifically include, but are not limited to: repairs on portions of the east common wall, southeast corner of the structure, the parapet wall across the roof's east boundary, and bottom of the rear southern wall at 914 E Main Street which abutted the raised building at the adjacent 916/18 East Main Street location; and including, but not limited to: the reconnection of existing air- Contract No. 62-2023 Page 1 of 3 conditioning units and associated services for the construction of a platform, linesets cleaning, refrigerant charging, and gas line wire strapping. 2. The above described repairs, rehabilitation, activities, and services are collectively referred to herein as "activities" which the Parties have agreed will be performed after execution of this Site Access Agreement and which cannot be performed unless access is granted by owner Marjorie A. Casebolt to and upon her real property, grounds, common wall, and structure located at 914 E Main Street. 3. The City has retained two (2) independent contractors, Rick Thomas Masonry and Wallace Heating and Air, to perform said rehabilitation activities described in this Site Access Agreement, which are to be performed at 914 E Main Street. Said activities will be performed in accordance with all applicable federal, state, and local safety requirements. 4. Marjorie A, Casebolt hereby authorizes the City and its contractors, Rick Thomas Masonry and Wallace Heating and Air, to enter upon her property and Site and to access the interior and exterior of her structure and to access the herein-described common wall located at 914 E Main Street during the period of , 2023, through and including , 2023, or at such other dates as the Parties may mutually agree in writing, for the purpose of performing the rehabilitation activities described herein. 5. At the conclusion of the rehabilitation activities to be performed by the contractors for the City, said property and Site along with the common wall portion of the structure, as well as the grounds, will be deemed by the Parties to be restored as near as reasonably practicable to the Site's condition immediately prior to the commencement of the earlier emergency demolition activities which occurred due to the partial collapse of the adjacent structure previously sharing the same common wall, If the City or its contractors(s) proposes any actions substantially different in nature from, the activities described herein, Marjorie A. Casebolt will be given advance notice and the Parties will discuss a written addendum to this Agreement setting forth any additions to this Site Access Agreement. 6, The City shall be solely responsible for the cost of the activities performed by its contractors under the terms of this Site Access Agreement. 7. This Agreement and the Parties' respective agreements herein are not intended, nor should they be construed, as an admission of liability on the part of either Party nor either Party's successors and assigns. 8, The City and Rick Thomas Masonry and Wallace [-[eating and Air shall enter the Site at their own risk, and Marjorie A. Casebolt shall not he held responsible or liable for injury, death, or loss incurred arising out of or in connection with the rehabilitation activities conducted under this Site Access Agreement, except to the extent any injury is caused due to the acts or omissions of Marjorie A. Casebolt or any agent acting on her behalf. The City and Rick Thomas Masonry and Wallace Heating and Air agree to enter the Site in its "as is/where is"condition. 9. To the extent permitted by law, Marjorie A. Casebolt agrees to indemnify, defend, and hold harmless the City, and its agents, officers, and employees from any and all claims, demands, losses, expenses, damages (general, punitive, or otherwise) and suits, including (but not limited to) court costs, Page 2 of 3 attorney's fees and other costs and expenses arising out of or related to the acts or omissions of Marjorie A. Casebolt or her agents or assigns in connection with the performance of activities under this Agreement, except to the extent that any injury is caused due to the acts or omissions of the City, or any employee or agent of the City. 10. The City and Rick Thomas Masonry and Wallace Heating and Air ("authorized parties") may enter the Site during normal business hours and may also make special arrangements to enter the Site at other times after agreement from Marjorie A. Casebolt. Marjorie A. Casebolt ensures that she and any/all Site operators will give the authorized parties reasonable access to the entire Site for the purposes set forth in this Agreement. 11. In exercising its access privileges, the City and Rick Thomas Masonry and Wallace Heating and Air shall take reasonable steps not to interfere with Marjorie A, CaseboIt's operations on the Site. 12. Any Party to this Site Access Agreement may terminate this Agreement by giving one (I) week advanced written notice to all other Parties, or all Parties may terminate the Agreement at any time by written agreement. 13. Any person executing this Agreement in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Agreement. 14. This Agreement shall expire upon the completion of the rehabilitation activities. MARJORIE A. CASEBOLT Owner, 914 E Main Street Richmond, IN Accepted by the CITY OF RICHMOND, INDIANA by: Signed: Marjo . as•: 6 Signed: Date: - Printed: 7)4J . Dated: 03 061 2.-3 Page 3 01'3