License Agreement - Grant a License for Three (3) CCTV Equipment Systems for City-Owned Signalized Intersections for 2 – University of Notre Dame

Home Browse Search

LICENSE AGREEMENT This License Agreement ("Agreement") is made and entered into this 26th day of May, 2020 (the "Effective Date") by and between the University of Notre Dame du Lac (the "Licensee") and the City of South Bend, Indiana, by and through its Board of Public Works ("City"). WHEREAS, the City owns traffic signal devices and property located at three intersections near the southern boundary of Licensee's property: (1) at the intersection of Leahy Drive and Angela Boulevard; (2) at the intersection of Eddy Street and Angela Boulevard; and (3) at the intersection of Notre Dame Avenue and Angela Boulevard (collectively the "City Property"). All of the City Property is located in South Bend, St. Joseph County, Indiana; and WHEREAS, Licensee desires to install, operate, and maintain CCTV equipment at each of the intersections identified above as City Property; and WHEREAS, the City agrees to permit Licensee and its agents to enter upon the City Property for the purpose of installing, operating and maintaining the CCTV equipment (the "Equipment"), subject to the terms hereof, including Licensee's agreeing to indemnify, defend and hold the City harmless for personal injuries (including death), property damage and other matters that might occur or arise as a result of the entry of Licensee or Licensee's contractors on City Property, all as more particularly described in this Agreement; NOW, THEREFORE, in consideration of the parties' mutual covenants and undertakings, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: The City hereby grants the Licensee a perpetual and non-exclusive license to enter onto the City Property as required to access, maintain, and operate Licensee's Equipment. Exhibit A, attached hereto, depicts the Equipment, as well as specifications for the Equipment. The proposed location of the Equipment is more fully described and/or depicted in Exhibits B-1 (Leahy Drive), B-2 (Eddy Street), and B-3 (Notre Dame Avenue). The Licensee shall not perform any other activities on the City Property without the prior written consent of City. 2. This Agreement shall commence as of the Effective Date and shall remain in effect until written notice of termination is provided to Licensee by City no less than 365 days prior to the date of termination. Upon termination, Licensee shall, at its sole expense, remove all Equipment from the City Property and shall restore the City Property to the same condition as existed prior to installation. 3. Licensee shall be solely responsible for the costs to buy the Equipment, install and maintain the Equipment, and all costs relating to the storage of video material captured by the Equipment. City shall bear no liability to Licensee for damages arising out of or incidental to the installation of the Equipment.