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Home My WebLink AboutTemporary Use Agreement - Near Northwest Neighborhood, Inc.LICENSE AGREEMENT FOR TEMPORARY USE OF CITY OWNED PROPERTIES This License Agreement (this "Agreement") is made on March 27, 2018 (the "Effective Date"), by and between the City of South Bend, by and through its Board of Public Works (the "City"), and the Near Northwest Neighborhood, Inc., (the "Licensee"), an Indiana non-profit corporation with a registered office address of 1007 Portage Avenue, South Bend, IN 46616 (each a "Party," and collectively, the "Parties"). RECITALS WHEREAS, the City owns certain real Property and improvements located at 626 Allen Street, 736 N. Sherman Avenue, and 809 Harrison Avenue within the City of South Bend, Indiana, as more particularly described in Exhibit A attached hereto (the "Property or Properties"); and WHEREAS, the Licensee desires temporary access to and use of the Properties for the purpose of temporarily storing mulch and use of the Properties as storage and staging areas ("Activity") for mulch to be spread on residential properties within a twelve -block (12) radius along the 500-900 blocks of Allen, Sherman, Harrison and Cottage Grove, as described in the proposal attached hereto as Exhibit B (the "Activity Proposal"); and WHEREAS, the City is willing to permit the Licensee to gain access to and temporarily use the Properties for the Activity, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The City grants to the Licensee, its agents, employees, and invitees, a temporary, non-exclusive license to enter and use the Properties for the purpose of conducting the Activity, provided that the Licensee's use of the Properties is reasonable at all times and comports with the terms of the Activity Proposal, the terms of this Agreement, and all applicable laws. The Licensee understands that this Agreement does not permit the Licensee to use the alleys, parking lots, or sidewalks adjacent to the Properties for the Activity. 2. The Licensee's license to use the Properties for the Activity shall be effective from April 7, 2018 through April 21, 2018, provided, however, that the City or the City's authorized representative may revoke and terminate the license at any time for any reason, as determined in its, his, or her sole discretion. Immediately upon the completion of the Activity, the Licensee will remove from the Properties all supplies, materials, goods, and personal Properties (including trash) used in connection with the Activity. At all times during the period of the Activity, the Licensee will keep the Properties in good order and condition. 3. The Licensee understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of Licensee's property or any bodily harm or injury that may result from the Licensee's use of the Properties. The Licensee understands and agrees that it will at all CLARA MCDANIELS I times be solely responsible for the safety and security of all persons on the Propel -ties and any property the Licensee uses or stores on the Properties in connection with the Activity. 4. The Licensee shall not, without the prior written consent of the City, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Properties. S. The Licensee understands and agrees that it will secure in its own name and at its own expense all necessary permits and authorizations needed in order to conduct the Activity. 6. The Licensee understands and agrees that it will, at its own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Activity conducted on the Properties. 7. The City reserves the right to use the Properties during the term of this Agreement for any purpose that does not substantially interfere with or obstruct the Licensee's permitted use of the Properties in accordance with the Activity Proposal and the other terms of this Agreement. 8. To the extent that any portion of the Properties is disturbed or damaged in connection with the Licensee's use of the Properties, the Licensee, at the Licensee's sole expense, shall restore the Properties to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the City. 9. The Licensee agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, assigns, and licensees harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of the approval granted herein by the City or the Licensee's use of the Properties. If any action is brought against the City, or its agents, employees, successors, or assigns, in connection with the Activity, the Licensee agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 10. The Licensee, at the Licensee's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Licensee and the Activity in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The Licensee agrees to include the City as an additional insured on any such policy and produce to the City a certificate of insurance evidencing the same. To the extent that the City is harmed as a result of the Licensee's use of the Property, the Licensee hereby grants the City first priority on any proceeds received from the Licensee's insurance. Notwithstanding anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 11. Each undersigned person signing on behalf of his/her respective Party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. CLARA MCDANIELS j EXHIBIT B Activity Proposal The Licensee will use the Properties for storage and as staging areas for mulch to be spread on residential properties within a twelve -block (12) radius along the 500-900 blocks of Allen, Sherman, Harrison and Cottage Grove. The Licensee will supervise participants and will not install any equipment or fixtures on the Properties for the Activity. CLARA MCDANIELS EXHIBIT A Description of Properties The portion of the following Properties: S33 FT Lot 3 A H Cushings I", recorded on April 6, 2017, as Document No. 170811, in the Office of the Recorder of St. Joseph County, Indiana. [Parcel Key No. 018-1077-32461. Lot 16 AG Cushings I", recorded on April 6, 2017, as Document No. 1708150, in the Office of the Recorder of St. Joseph County, Indiana. [Parcel Key No. 018-1075-3165]. Lot 169 Cushing & Lindseys Addition, recorded on July 7, 2015, as Document No. 1625478, in the Office of the Recorder of St. Joseph County, Indiana [Parcel Key No. 018- 1072W3046]. CLARA MCDANII LS I IN WITNESS WHEREOF, the Parties have each executed this Agreement to be effective as of the Effective Date stated above. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS By: Gary A. Gilot, Board President James A. Mueller, Member Therese orau, em er AAVV I/--- Suzann"a M. Frrtzberg, kember +& 1)4_ E izabeth A. Maradik, Member ATTEST: Linda M. Martin, Clerk NEAR NORTHWEST NEIGBORHOOD, INC. An Indiana non-profit corporation By: Printed: Its: CLARA MCDANIELS Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Andrew Netter _BPW Date March 27 th 2018 Phone Extension 5931 Legal Attorney Name Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing F-1 H Agreement ❑ Professional Services Bid Opening Quote Opening ❑ Chg Order No. ❑ Ease./Encroach. Z Other: Temporary Use Company or Vendor Name New Vendor Project Name Project Number Funding Source Account No. Amount Terms of Contract H Contract F1 Amendment El Bid Award n Quote Award El C/O & PCA No n Traffic Control Z= E] Req. to Advertise Near Northwest Neighborhood, Inc. ❑ Yes ❑ If Yes, Approved by Purchasing [J No 1:1 MBE F-1 WBE Completed E-Ve,rify Form Attached F1 Title Sheet El Yes [:] No Purpose/Description Temporary use agreement of City -owned, residential vacant lots: 626 Allen St, 736 N Sherman, and 809 Harrison Ave, (Civil City property). Using the three lots as staging areas for mulching of property in the surrounding area. Part of Back the Bend 2018 (Keep the Lead Away: Mulch Madness). Hosted by The Near Northwest Neighborhood, Inc. and Norte Dame Student Government. Amount of F1 increase $ R Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Time Extension: Dispersal After Approval Copy Original