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HomeMy WebLinkAbout6B(2) Request to use Studebaker Engineering Bldg~G' ~ `Z~ ,/, ~~~~ Community & Economic Development ~;~~ .,s. 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021 To: Redevelopment Commission From: David Relos, Economic Development Planner s Subject: Studebaker Engineering Building Access Agreement for Studebaker Drivers Club Date: April 23, 2010 Staff has been approached by the local Studebaker Drivers Club, who on May 7th is having a regional meet here in South Bend. Knowing that the Engineering building will be coming down in the next year, and this may be the last time some of their members will have a chance to visit the building, they have asked if they can give guided tours of the building to interested members. Since this building is where many of the member's vehicles were designed and engineered, while some even had family members working there, they view this building as almost spiritual. They are very excited about this possibility, and plan to put up signs of important areas and to have those with history of the building give talks as members take the tour. Because the tours would be on a Friday, they expect this to limit the number who can tour the building, but expect possibly as many as 100 members. The Club will post rules of conduct that will include items such as: staying with the group, no scavenging, etc. Legal has drafted the attached Access Agreement and also a Waiver of Liability, which will be signed by anyone who enters the building. For safety reasons, a couple areas of the building will be roped off. Staff requests your approval of this Access Agreement, to allow the tour of this building to take place. What We Do Today Makes A Difference! AUTHORIZATION BY THE SOUTH BEND REDEVELOPMENT COMMISSION FOR ENTR'Y' UPON AND TI~IE TEMPORAIt'Y USE OF PUBLIC PROPERTY LOCATED WITHIN THE CYTY OF SOUTH $END,1lVDiANA '~h THIS AGREEMENT is made effective the {~ day of April, 2010, by and between the SOUTH BEND REDEVELOPMENT COMMISSION (the "Commission's and the Studebaker Drivers Club, an Indiana not-for-profit corporation (the "Club"). RECITALS WHEREAS, the Commission is the owner of certain real property and improvements located within the City of South Bcnd, Indiana, which property is generally known as the former Studebaker Engineering Building and is more particularly described at Exlrib~t "A" attached hereto and incorporated herein (the "Property"); and WHEREAS. the Club desires temporary access to the Property for the purpose of touring the building known as the former Studebaker Engineering Building (the "Building's located on the Property (thc "Activity'; and WI~REAS, the Commission is willing to permit the Club, its members, visitors, guests and its agents (collectively, the "Participants') to gain access to and the temporary use of the Property subject to certain terms and conditions set forth in this Agreement. NUW, TI~REFORE, 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 Commission grants to the Club and the Participants a temporary non- exclusive right on, in and across the Property for the purpose of conducting the Acttivity described herein. This nonexclusive right to enter upon and use the Property for the Activity shall be on May 7, 2010. 2. The Club understands and acknowledges that the Building and the surrounding premises are not compliant with code requirements and that all risks associated with the Activity shall be the sole risk of each participant in the Activity. The Club shall obtain from each Participant a signed Activity Waiver and Release of Liability, in the form attached hereto as Exls~iblt "B". Jn consideration for authorisation and approval by the Commission for the Club to 500/ZOO~J dWtl 0606ELZbL~ Mtlj 9E~El OIOZ/9l/00 enter upon and use the Property in conducting the Activity, the Club hereby agrees and undertakes m hold the Civil City of South Bend, Indiana, and the South Bend Redevelopment Commission, the agents, contractors, employees, successors and assigns of each, free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees, which the Civil City of South Bend pr the South Bend Redevelopment Commission 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 Commission. If any action is brought against the City of South Bcnd or the South Bend Redevelopment Commission, the agents, contractors, employees, successors and assigns of each, because of the aforcmcntioned Activity, the undersigned agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 3. The Club understands and agrees chat the right to use rrie Property granted under this agrcement are temporary and do not constitute either a lease or an interest in the Properly. The Club further understands and agrees that the rights granted under this Agreement shall terminate without further action by the Commission upon the earlier of (i) May 8, 2010 or (ii) delivery of written notice from the Commission to the Club in care of: Tim Janowiak, South Bend Fire Dept., South Bend, Indiana 46601. 4. To the extent that any portion of the Praperry is disturbed in connection with the exercise of the privileges granted under this Agreement, the Club shall restore the Property to the same condition in which it was immediately prior to such disturbance to the satisfaction of the Commission. 5. The Club 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. The Club shall not, without the prior written consent of the Commission, cause or permit, knowingly or unlrnowingly, any hazardous material to be brought or remain upon, kept, used, dischargod, leaked or emitted in or about, or treated at the Property. 6. The Giub understands and agrees that it will, at its own expense, observe and comply with all present and future statutes, laws, ordinances, requirements, orders, rules and regulations of all governmental authorities. 7. The Club, at its expense, shall maintain during the term of this Agreement, commercial general liability insurance on the Property covering the Club as the named insured and identifying the City of South Bend, Indiana and the South Bend Redevelopment Commission as an "additional insured" with terms satisfactory to the Commission and with companies qualified to do business in the State of Indiana, for limits of not less than $700,000.00 for bodily injury, including death resulting therefrom, and personal injury' for any one (1) person in any one (1) occurrence, $5,000,000.00 for such injuries for all persons for any one (1) occun~cnce, $1,000,000.00 property damage insurance, or a combined single limit in the amount of $6,000,000.00. Notwithstanding the foregoing, the Club shall, at all times, maintain sand general liability insurance naming the City of South Band, Indiana and the South Sand Redevelopment Commission as an "additional insured" for bodily injury, including death resulting therefrom and 2 900/E00 ~ dWd 0606ELZbL9 KVd 9E~El OlOZ/9L/b0 personal injury with limits sufficient to cover the City or the Commission's exposure to liability for said injuries, which amounts are set forth at Indiana Code § 34-13-3-~, as the same may be amended. superseded orrecodified from time to time. 8. 'fhe Club shall notify its insurance carrier of the terms of this agreement and that each Participant shall be deemed a licensee under this agreement. 9. This Agreement shall be governed by the laws of the State of Indiana. 10. The undersigned person(s) signing on behalf ofhis/her respective Parties certify that he/she is duly authorized to bind his/her respective Party to the terms hereof. 1N WITNBSS 'Wl-IEREOF, the Parties have each executed this Agreement as of the date first written above. CTfY OF SOUTH BEND, DEPARTMENT OF REDE'V'ELOPMiENT ~~- ! Qmt oa t r~ South Bead Redevelopment Commission STUDEBAICER DRrVERS CLUB Kaalurt .~...~.. -- - ~~~; ~ i n ~ are aae and-T! e ~ ~ ~ ~• ~~t Ol'rl ~ ~ f~~. ATTEST: paa3'~-' _ „~ ome ~-, irle South Bend ledevelopment Commission 3 900/b00 @J dWtl 0606ELZbL9 xtld 9E~El OIOZl9l/b0 ~XNii3iT "A" Property bescription EXHIBIT "B" Form of Activity Woiv~cr send Release of Liability 900/900/ dWtl 0606ELZtiL9 xVd 56~E1 O14Z/9l/b0 Activity Waiver and Release of Liability I, (Participant), in consideration of my being permitted to gain entry into and tour the former Studebaker Engineering Building located in South Bend, Indiana, on this date, do hereby release and forever discharge the property, its owner, and managing agent, if any, their officers, directors, agents, employees, shareholders, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of actions, suits, damages costs and expenses for any and all personal injuries, loss of time, pain and suffering or property damage arising out of or occurring in connection with the above activity. I have been advised that the former Studebaker Engineering Building is not compliant with applicable code requirements. I recognize and acknowledge that my participation in this activity is solely at my own risk. I further understand that this Waiver and Release is absolute as to all claims, demands, causes of actions, suits, damages, costs and expenses which may arise as a result of my injury or demise or as a result of any property damage which could occur. I further agree to abide by all the rules and regulations as hereinafter amended or supplemented, established by Owner and Managing Agent, and agree that my use of the Premises maybe canceled at any time, without prior notice or warning and that I disclaim any recourse in the event of such cancellation and agree to immediately vacate the Premises upon request. I have read and fully understand this document, including the fact that I am releasing and waiving certain potential rights held by me and voluntarily and freely agree to the terms and conditions set forth. Signed this day of , 2010. Participant Signature Printed Name of Participant Witness Signature