HomeMy WebLinkAbout5A2 License Agreement for Temporary Use of Private Property (113-117 North Main Street)LICENSE AGREEMENT
FOR TEMPORARY USE OF PRIVATE PROPERTY
This License Agreement (this "Agreement") is made on May 9, 2019 (the "Effective
Date"), by and between the South Bend Redevelopment Commission, governing body of the City
of South Bend Department of Redevelopment (the "Commission"), and 113-117 North Main Street
Land Trust (the "Owner") (each a "Party," and collectively, the "Parties").
RECITALS
WHEREAS, the Owner holds title to certain real property and improvements located
within the City of South Bend, Indiana (the "City"), located at 113 N Main Street, and more
particularly described in Exhibit A and depicted on Exhibit A-1, attached hereto (the "Property");
and
WHEREAS, the Commission is engaged in a project wherein its contractor will be
painting the edifice of a building (the "Project") commonly known as Liberty Tower, located at
213 W Washington Street within the City, which adjoins the Property ("Liberty Tower"); and
WHEREAS, certain aspects of the Project will require the temporary use of the parking
areas located on the Property; and
WHEREAS, the Commission desires temporary access to the Property for the sole
purpose of erecting scaffolding, storing equipment, and otherwise performing repairs to Liberty
Tower (the "Activity"); and
WHEREAS, the Owner is willing to permit the Commission to gain access to and
temporarily use the Property 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 Owner grants to the Commission, its agents, contractors, employees, and
invitees, a temporary, non-exclusive license to enter and use the Property for the sole purpose of
conducting the Activity, provided that the Commission's use of the Property is reasonable at all
times and comports with the terms of this Agreement and all applicable laws. The Commission
understands that its access to the Property is limited to the areas required to complete the Activity,
specifically depicted on Exhibit A-1, and agrees that this Agreement does not allow it to access
any structures on the Property.
2. In consideration for the above license, the Commission agrees to provide or cause
to be provided the following to Owner:
1
a. Six Thousand Dollars ($6,000.00), paid in advance, for three (3) calendar
weeks of use, commencing on a date to be provided to Owner in writing at least ten (10) days prior
to the start of the Activity ("Activity Period"). For any days the Activity continues on the Property
beyond Activity Period, the Commission shall pay Owner Three Hundred Dollars ($300.00) per
day for its continued use of the Property. If Commission expects the Activity Period to be
extended, it shall provide Owner with at least three (3) days prior written notice and an estimated
number of days of the extension.
b. Five (5) parking passes for Owner's tenants' use of the Liberty Tower
parking garage.
C. The installation of a steel plate or other material over an open pit near the
south wall of Liberty Tower to safeguard pedestrians and prevent trash accumulation.
d. A Certificate of Insurance from Commission's contractor naming Owner as
an additional insured during the term of the Activity.
3. The Commission's license to use the Property for the Activity shall be effective as
set forth in this Agreement, and the Commission agrees that it will not use the Property for any
purposes except in the furtherance of the Activity. Immediately upon the completion of the
Activity, the Commission will remove or cause to be removed from the Property all supplies,
materials, goods, and personal property (including trash) used by it or its agents, employees,
contractors, or invitees in connection with the Activity. At all times during the period of the
Activity and the Project, the Commission will use or cause to be used commercially reasonable
efforts to keep the Property in good order and condition.
3. The Commission understands and agrees that the Owner shall not be liable for any
loss, damage, destruction, or theft of the Commission's property or the property of the
Commission's agents, contractors, employees, or invitees, or any bodily harm or injury that may
result from the Commission's use of the Property. The Commission understands and agrees that
it will be solely responsible for the safety and security of all persons on the Property and any
personal property the Commission or its agents, contractors, employees, or invitees use in
connection with the Activity while on the Property.
4. The Commission understands and agrees that it will secure in its own name (or the
name of the City) and at its own expense all necessary permits and authorizations needed in order
to conduct the Activity.
5. The Commission understands and agrees that it will, at its own expense, observe
and comply with, or cause to be observed and complied with, all applicable statutes, laws,
ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation
to the Activity.
6. The Owner reserves the right to use the Property during the term of this Agreement
for any purpose that does not substantially interfere with or obstruct the Commission's permitted
use of the Property with regard to the Activity and the other terms of this Agreement.
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7. To the extent that any portion of the Property is disturbed or damaged in connection
with the Commission's use of the Property, the Commission, at its sole expense, shall restore or
cause to be restored the Property substantially to the condition that existed immediately prior to
such disturbance or damage to the reasonable satisfaction of the Owner.
8. The Commission agrees and undertakes to indemnify and hold the Owner and its
agents, employees, successors, assigns, and licensees harmless from any liability, loss, costs,
damages or expenses, including attorneys' fees, which the Owner 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
Commission's use of the Property. If any action is brought against the Owner, or its agents,
employees, successors, or assigns, in connection with the Activity, the Commission agrees to
defend such action or proceedings at its own expense and to pay any judgment rendered therein.
Notwithstanding the foregoing or anything herein to the contrary, neither the Commission nor the
City waive any governmental immunity or liability limitations available to them under Indiana
law.
9. 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.
IN WITNESS WHEREOF, the Parties have each executed this Agreement to be effective
as of the Effective Date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
Marcia I. Jones, President
ATTEST:
Quentin Phillips, Secretary
113-117 NORTH MAIN STREET LAND TRUST
By: Pinnacle Property Management, Inc., Trustee
By: _ K
-r11mo$W P. ha , P sident
3
EXHIBIT A
Description of Property
The following real property commonly known as 113 North Main Street, South Bend, Indiana,
Parcel Key nos. 018-1008-0320 and 018-1008-032101:
A part of Lot 238, Original Plat of the City of South Bend, Indiana, south 22 feet on Main
Street by 100 foot deep; and
A part of Lot 238 of the City of South Bend, Indiana, south 22 feet continuing from adjacent
portion of Lot 238, Original Plat of the City of South Bend, Indiana, 65 feet.
EXHIBIT A-1
Map (attached)
Area of use is depicted in red.
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