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Home My WebLink AboutLicense Agreement - Monument of Martin Luther King, Jr in Leighton Plaza1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 9, 2016 Mr. Eric Tidwell Intellectual Properties Management (IPM) 449 Auburn Avenue, NE Atlanta, GA 30312 PHONE 574/235-9251 Fax 574/235-9171 RE: License Agreement — Monument of Martin Luther King, Jr. in Leighton Plaza Dear Mr. Tidwell: The Board of Public Works, at its meeting held on August 9, 2016, approved the above referenced agreement in the amount of $1,000.00. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Jitin Kain, Public Works GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU LICENSE AGREEMENT This License Agreement (this "Agreement") is made this 91h day of August, 2016 between Intellectual Properties Management, Inc. as Manager for the Estate of Martin Luther King, Jr. (hereinafter referred to as "Licensor"), and City of South Bend, Indiana, acting by and through its Board of Public Works, located at 227 West Jefferson Blvd., Ste. 1316, South Bend, Indiana 46601 (hereinafter referred to as "Licensee"): 1. License: Licensor grants Licensee a non-exclusive license to use the Licensed Property in and on the Project for the Term as follows: a. Effective Date: Upon parties' full execution of this Agreement b. Term: Perpetuity C. Territory: South Bend, Indiana d. Language: English e. Project: Oversize bronze statues honoring Dr. King and Father Theodore Hesburgh, C.S.C., as described in attached Exhibit A f. Licensed Property: Likeness of Dr. King to be used on oversize bronze statue alongside oversize bronze statue of Fr. Hesburgh g. Rights: (i) Public display of the Project; (ii) non-commercial photographic uses incidental to public display of the Project; and (iii) non-commercial creation of limited number of replicas for sponsors and donors of the Project. 2. Other Terms: Licensee acknowledges that the Licensoe's authorization to Licensee to use the licensed property are limited to the rights granted herein. Licensee shall not use the Licensed Property in a way that tarnishes the Licensed Property, Licensor, or the legacy of Dr. Martin Luther King, Jr. Any use of Dr. King's name, image, likeness, persona, identity, words, recorded voice, rights of publicity, or any other portrayal of Dr. King (whether part of the Licensed Property or not) under this License, that is outside of the scope of what is described in the Exhibit A must be separately approved by Licensor. This provision is additionally binding upon any affiliates, successors or assigns of Licensee. Licensee's license to use the Licensed Property is not assignable without Licensor's prior written approval. Licensor does not "endorse" the Licensee, and that term and similar terms shall not be used by Licensee to describe this License. This license is also in no way an endorsement of the views policies opinions statements and actions of the persons featured in the proiect. "LICENSE GRANTED BY INTELLECTUAL PROPERTIES MANAGEMENT, ATLANTA, GEORGIA, AS EXCLUSIVE LICENSOR OF THE KING ESTATE" must be the attribution noted in Licensee's records. Licensor shall receive one photograph of completed statue for its records. LICENSEE: City of South Bend, Indiana, acting by and through its Board of Public Works LICENSEE ADDRESS: 227 West Jefferson Blvd., Ste. 1316 South Bend, Indiana 46601 Licensee Telephone -Office: 574 235-5835 Licensee Fax.: 574 235-9171 Licensee Contact: Jitin Kain, Deputy Director of Public Works LICENSEE: City of South Bend Board of Public Works J� Gary Gilot, President Therese orau, Memb r Elizabeth Maradik, Member James Mueller, Member G David Rel ATTF T: n a Martin, Clerk Date: LICENSOR: Intellectual Properties Management, Inc. Eric Tidwell Intellectual Properties Management as Manager for The Estate of Dr. Martin Luther King, Jr. I / 7?//.� Date 6 LICENSOR: Intellectual Properties Management, Inc. Eric Tidwell Intellectual Properties Management as Manager for The Estate of Dr. Martin Luther King, Jr. -IMI)/6 Date EXHIBIT A The project is a bronze statue which will serve as a memorial to Father Theodore Hesburgh, long time President of the University of Notre Dame, and Dr. Martin Luther King, Jr. It highlights the involvement of the two men in the Civil Rights Movement. It is a life size statue recreating the event of the two men linking arms at Soldier Field in Chicago at a 1964 Civil Rights rally. The memorial is intended to honor and commemorate the lives of the two men and serve as a central place for meetings, celebrations and peaceful conflict resolution. The statue shall be placed in a public plaza in downtown South Bend. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/3/16 BPW Date 8/9/16 Name Jitin Kain Department Phone Public Works 235-5835 o Legal ® Attorney Name Ben Dougherty M -o Controller review is required for all Contracts $5,000.00 or more $ o Controller ❑ and greater than one year in length per the City Purchasing i(D a` .0 m Policy U) Purchasing ❑ Check the AnorODrlate Item Tvne — Renuirar9 fnr All.Suhmi.cginn.c ® Agreement El Contract El Proposal El Addendum ElClaim ❑ Bid OpeningEl Bid Award ❑ Req. to Advertise ❑ Title Sheet Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ❑ Other: Keauired Intormation Company or Vendor Name Intellectual Properties Management New Vendor ® Yes ❑ No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE Project Name Fr. Hesburgh & Dr. King Monument Project Number Funding Source Account No. Amount $ Terms of Contract Purpose/Description Permission from the King Center to use Dr. Kings likeness in the monument. For Change Orders Only Amount of ❑ ❑ Increase Decrease $ $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % PO No. Copy Original El M ® ❑ Linda Martin Jitin Kain Dispersal After Approval