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HomeMy WebLinkAboutSpecialty License Agreement - No Cost use of 1234 Eddy Street for Police Department - KRG Eddy Steets Commons, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 28, 2020 Mr. Sean Beers KRG Eddy Streets Commons, LLC. 30 S. Meridian St., Suite 1100 Indianapolis, IN 46204 r:`..� >,kit:cr:calt:.ccatn RE: Specialty License Agreement Dear Mr. Beers: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 28, 2020, approved the above referenced agreement for no cost use of 1234 Eddy Street for Police Department substation for five (5) years. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR 701 W. SAMPLE STREET SOUTH BEND, INDIANA 46601-2890 CITY OF SOUTH BEND JAMES MUELLER, MAYOR PHONE 574/235-9311 FAx 574/288-0268 SOUTH BEND POLICE DEPARTMENT SCOTT A. RUSZKOWSKI, CHIEF OF POLICE Board of Public Works April 17, 2020 City of South Bend, Indiana Honorable Board Members, The South Bend Police Department is requesting Board approval of an agreement with KRG Eddy Street Commons, LLC to provide to provide space for a police substation at Eddy Street Commons, 1234 N. Eddy Street, Suite 126, South Bend, IN. The substation will serve the public interest of greater security and safety and a deterrent to crime by providing an increased police presence The term of this agreement is for five years and there is no cost associated with it. Thank you, ark Dollinger Director of Logistics & Purchasing South Bend Police Department SERVICE BRAVERY RIDE EDICATION DocuSign Envelope ID: 43241E26-3162-4B34-B85A-651EF35CC8A3 Aw AWNArw REALTY GROUP SPECIALTY LICENSE AGREEMENT This Specialty License Agreement ("Agreement") is made by and between KRG Eddy Street Commons, LLC, an Indiana limited liability company ("Licensor"), having a notice address and telephone number c/o Kite Realty Group, 30 South Meridian Street, Suite 1100, Indianapolis, Indiana 46204, (317) 577-5600, and the City of South Bend, Indiana ("City"), a governmental unit and municipal corporation, organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ("Licensee"), on behalf of its Police Department, having a notice address and telephone number at 701 Sample Street, South Bend, Indiana 46601, (574) 235-9201, to be effective ("Effective Date") as of the date signed by the last of the City and Licensor as set forth through their signatures below. WHEREAS, The Licensee may accept donations in accordance with I.C. § 36-1-4-10 and City Executive Order 1-2014, on behalf of the City for specified purposes determined to be consistent with the public interest; and WHEREAS, The Licensor is the owner of certain real property located at Eddy Street Commons ("Center"), 1234 N. Eddy Street, Suite 126, South Bend, Indiana, consisting of approximately 1,099 square feet ("Licensed Area"); and WHEREAS, The Licensee desires to establish a Police Department Sub -Station in the Licensed Area, which will serve the public interest of greater security and safety and a deterrent to crime by providing an increased police presence; and WHEREAS, The Licensor is willing to grant to the Licensee, its employees, visitors and guests, a non -transferable right and revocable permission for the temporary use and right to occupy the Licensed Area; and WHEREAS, The location of the Licensed Area is subject to the absolute and unconditional review and approval of Licensor, which guarantees no particular location at any time during the Term of this Agreement (as defined hereunder). NOW THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. (.:llcctt )attc /"I'ertri/l�eraiitted Use. The term of this Agreement ("Term") shall commence on the date Licensor delivers the Licensed Area to Licensee, or on the date of execution of this Agreement, renewable on its own every year, for a period of five (5) years, and thereafter shall expire, unless renewed by the Parties for a subsequent Term. Should termination be required prior to the expiration of the Term, expiration will occur on the date which is thirty days after written notice of termination is given by either party hereto. Licensee shall operate the Licensed Area for the sole purpose of a police substation ("Licensee Use"), and for no other purpose whatsoever. 2. Specialq License Pa meat Terms. DocuSign Envelope ID: 43241F26-3162-4B34-B85A-651EF35CC8A3 K1TE REALTY GROUP Amq!»t Date Due Rent $0.00 N/A 3. General Terms and Conditions: The General Terms and Conditions attached hereto are hereby incorporated into and made part of this Agreement as though set forth fully herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their duly authorized officers or representatives as of the day and year written hereunder. LICENSOR LICENSEE DS KRG Eddy Streei s1 i : l...l...0 BOARD of PUBJ Jc wouxs CGS BY=...., A Id . VC (Signature) 1EBB1E43C5E6465... C/I DS Sean Beers Gary A. Gilot, President (Printed Name) >/ Title: vice President, Asset Mana ement Elizabeth A. Maradik, Member Dated: 2/25/2020Jz_�-`, ah.. Therese J. Doran, Member Jordan V. Gathers, Member 7� Joseph R. Molnar, Member ATTEST: �IIIL�ii C7PTitYdll Linda M. Martin, Clerk Dated: Aril 28, 2020 .......................... ................ 2 DocuSign Envelope ID: 43241 F26-3162-4B34-B85A-651 EF35CC8A3 4 REALTY GROUP GENERAL "f'ERMAS AND CONDITIONS: 1. Clse of"Licensed Area. The Licensee Use will be subject to the absolute and unconditional review and approval of Licensor throughout the Term, which is to commence on the date of execution of this Agreement, renewable every year, for a period of five (5) years. Any deviation of Licensee Use at any time during the Term will require prior written approval of the Licensor. Further, any deviation from the Licensee Use without prior written consent of the Licensor, will constitute a violation of the terms of this License Agreement. 2. '[intentionally Omitted. 3, littentionally Omitted. 4. Intentionaltv Omitted,. 5. Condition of Licensed Area. Licensee agrees to take the Licensed Area as -is at the commencement of the Term. By taking possession of the Licensed Area, Licensee shall be deemed to have: (a) inspected the Licensed Area; (b) accepted the Licensed Area "as is" with no representation or warranty by Licensor as to the condition of the Licensed Area, or their suitability for Licensee's proposed operation; and (c) agreed that Licensor has no obligation to improve or repair the Licensed Area unless said obligation is specifically set forth in this Agreement. Licensee shall, at all times during the Term, maintain, at its sole cost and expense, the Licensed Area in good and tenantable condition. Licensee's obligation to repair and maintain the Licensed Area shall include, without limitation, maintaining items such as: floor coverings, ceiling (other than structural ceilings). In addition to all other remedies of Licensor under this Agreement, if. (i) Licensee does not fully perform its obligation to maintain the Licensed Area as set forth herein; or (ii) Licensor, in the exercise of its sole discretion, determines that emergency repairs are necessary; or (iii) repairs or replacements of any portion of the Licensed Area, or the Center, are made necessary by any act, omission or negligence of Licensee or its agents, employees, or permitted assignees, then in any such event, Licensor may make such repairs without liability to Licensee for any loss or damage that may occur to Licensee, its merchandise, fixtures, or other property or to Licensee's business. Licensee shall not make any alterations, additions or improvements to the Licensed Area without the prior written consent of Licensor and all alterations, additions or improvements made by Licensor shall become the property of Licensor and shall remain upon and be surrendered with the Licensed Area at the expiration of the Term. Notwithstanding the foregoing, if Licensor shall direct Licensee to remove any alterations, additions or improvements at the end of the Term, Licensee shall remove the items so designated by Licensor at the end of the Term and promptly repair any damage caused thereby. 6. Covenants of Licensee. Licensee covenants to comply, at its sole cost and expense, with the following terms and conditions: A. Licensee shall at all times maintain the Licensed Area in good, clean and safe condition and, upon the expiration of the Term, shall return the Licensed Area to Licensor in broom -clean condition and restored to the condition existing on the date Licensee took possession, normal wear and tear accepted. DocuSign Envelope ID: 43241 F26-3162-4B34-B85A-651 EF35CC8A3 MrSTWAff REALTY GROUP B. Licensee, at its sole cost and expense, shall at all times maintain all required permits and licenses and observe and comply with all laws, ordinances, rules, regulations and code requirements imposed by applicable governmental or quasi -governmental body having jurisdiction over the Licensed Area or the use thereof. C. Licensee shall not keep or display anything in the common area of the Center adjacent to or outside of the Licensed Area or otherwise obstruct said areas. D. Licensor is not required to provide storage space for Licensee. If storage space is to be provided by Licensor, it will be subject to a separate agreement. E. Garbage and trash shall be kept in an adequate, sanitary, closed container, riot visible to the public, within the Licensed Area or the Center (as directed by Licensor). Licensee shall dispose of such garbage and trash daily, or if required by the circumstances, more frequently. 7. intentionally Omitted. 8. Indemnification. To the fullest extent permitted by law, Licensee shall defend, indemnify and hold harmless Licensor and its respective subsidiaries, parent companies, members, affiliates, officers, directors, agents, employees and guests ("Licensor Parties") from any loss, cost, damage, liability or other expense, including, but not limited to, attorneys' fees, expert fees and other costs, arising out of, resulting from, or relating in any way to property damage, bodily injury or death suffered by third parties specifically related to Licensee's use, occupancy or maintenance of the Licensed Area. The indemnities set forth herein shall apply notwithstanding Licensee's duty to obtain and maintain insurance as required under this Agreement. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement until all claims specifically related to Licensee's use, occupancy or maintenance of the Licensed Area are fully and finally barred by the applicable statute of limitations. 9. Assignment. Licensee shall not sell, assign, mortgage, pledge or in any manner transfer, this Agreement or any interest herein, nor sublet or license all or any part of the Licensed Area, by operation of law or otherwise, without Licensor's prior written approval which approval may be withheld in Licensor's sole and absolute discretion. 10. Intentionally Omitted. 11. Intentionally Omitted. 12. Termination. Licensor shall have the right to terminate this Agreement for any reason whatsoever upon thirty days prior written notice to Licensee at any time during the term hereof. Licensee shall have the right to terminate this Agreement for any reason whatsoever upon thirty days prior written notice to Licensor at any time during the Term hereof. Licensee shall voluntarily vacate the Licensed Area on the date stated in said notice, leaving the Licensed Area in a broom - clean condition, normal wear and tear excepted. After such termination, no further obligations shall accrue under this Agreement, provided that Licensee shall remain liable for obligations arising prior to the date of termination. 13. tntentionally Omitted. 14. Relocation. The Licensed Area may be relocated by Licensor to any space in the Center, 4 DocuSign Envelope ID: 43241 F26-3162-41334-1385A-651 EF35CC8A3 REALTY GROUP provided such space is available within the Center, and at the sole discretion of the Licensor, at any time upon not less than thirty days prior written notice. 15. 1 icensor's Ent . Licensee shall permit Licensor and its agents to enter the Licensed Area at reasonable times for the purpose of. (a) inspecting the Licensed Area; (b) making repairs, additions, or alterations to the Licensed Area, or to the building in which the Licensed Area is located ("Building"); and (c) showing the Licensed Area to prospective purchasers, lenders, and tenants, subject to any restrictions on entry to the Licensed Area, or any portion of the Licensed Area, permitted or required by federal, state or local law and regulation. 16. Miseellaneous. This Agreement shall become valid and effective only when executed by the Licensee as well as the Licensor. This Agreement supersedes all prior discussions and agreements of the parties relating to the transaction represented hereby, whether written or oral, and constitutes the entirety of the agreement. The Agreement may be modified only by a written instrument executed by both parties hereto. 17. Counterparts: Electronic This Agreement may be executed in any number of identical counterparts, all of which, when taken together, shall constitute the same instrument. A copy of the executed Agreement (in electronic form or otherwise) shall be deemed an original for all relevant purposes. The exchange of copies of the executed Agreement by electronic mail or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document shall constitute effective execution and delivery of this Agreement. Signatures of any parties hereto transmitted electronically shall be deemed to be their original signatures for all purposes. 18. Waiver. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 19. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect unless amended or modified by mutual consent of the parties. 20. uthori y. Each undersigned person signing on behalf of his or her respective Party certifies that he or she is duly authorized to bind his or her respective Party to the terms of this Agreement. 21. Covernin , Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. Certificate Of Completion Envelope Id: 43241 F2631624B34B85A651 EF35CC8A3 Status: Completed Subject: Documents for your DocuSign Signature: SBPD at Eddy Street Source Envelope: Document Pages: 6 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 2 Rhonda Gulley AutoNav: Enabled 30 S Meridian St Ste 1100 Envelopeld Stamping: Enabled Indianapolis, IN 46204 Time Zone: (UTC-05:00) Eastern Time (US & Canada) rgulley@kiterealty.com IP Address: 13.110.78.8 Record Tracking Status: Original Holder: Rhonda Gulley Location: DocuSign 2/19/2020 1:26:38 PM rgulley@kiterealty.com Signer Events Signature Timestamp Bob Solloway °S Sent: 2/19/2020 1:28:05 PM rolloway@kiterealty„com S Viewed: 2/19/2020 1:59:41 PM Vice President, Lead Real Estate Attorney Signed: 2/19/2020 1:59:48 PM Kite Realty Group Trust Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (None) Using IP Address: 66.162.54.226 Electronic Record and Signature Disclosure: Accepted: 8/26/2016 3:00:03 PM ID: 3c0481ee-al12-4d5d-b643-7ee2e9d85aa2 Teagan Lawson Sent: 2/19/2020 1:59:49 PM tlawson@kiterealty.com Fis Viewed: 2/19/2020 2:01:29 PM Kite Realty Group Trust Signed: 2/19/2020 2:01:42 PM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 12.228.168.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Sean Beers 1�1 0"uWgme`1by, Sent: 2/19/2020 2:01:43 PM sbeers kitereal .com t^ b^@ tY Viewed: 2/20/2020 4:45:46 PM Vice President, Asset Mana ement k�8Cl04, 1'BBI gG4 9 Signed: 2/25/2020 6:24:02 AM KRG Management, LLC Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (None) Using IP Address: 97.100.145.138 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent HashedlEncrypted 211912020 2:01:43 PM Certifieo Delivered Security Checked 212012020 4:45:46 PM Signing Cornplete Security Checked 2/25/2020 624:02 AM Cornpleled Security Checked 212612020 & 24;02 AM Payment Events, Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 2/10/2016 5:29:04 PM Parties agreed to: Bob Solloway ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Kite Realty Group Trust (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Kite Realty Group Trust as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Kite Realty Group Trust during the course of my relationship with you. DocuSign Envelope ID: 43241F26-3162-4B34-B85A-651EF35CC8A3 KmE7j= BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM /17/202 Date 4 0 .........__. .. Name Mark Doll Department SBPD BPW Date 04-28-2020 Phone Extension 7677 Required Pnor to Submittal to Board Diversity Compliance F] Officer Name _ Michael Patton and Inclusion Officer BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Geovanny Martinez m^ Purchasing ❑ Check the opgate ItemmIT x ymmm mm Professional Services Agreement Contract Open Market Contract E Amendment/Addendum EJ Bid Opening 0 Bid Award F1 Quote Opening n Quote Award Proposal Opening C/O & PCA No. [� Chg. Order, No. ❑ Traffic Control Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension Amount: New Completion. Date: All Submissions LJ Proposal Special Purchase, QPA ❑ Req. to Advertise E] Reject Bids/Quotes 0 PCA E] Resolution Ease./Encroach Information ❑ Title Sheet KRG Eddy Commons, LLC �. (� YesE] If Yes, Approved by Purchasing No ❑ VMV-BBE Completed E-Verify Form Attached ❑ No Substation Areement� None Five (5) years _ South Bend Police Department is requesting approval o................................._........., mm..�..m_. f agreement with KRG to occupy space for a substation in Eddy Street Commons, 1234 Eddy Street, South Bend, IN, allowing for greater security, safety and a deterrent to crime in the area, for a griAo of live e rs with no annual cost. Increase mm $ Decrease Increase % Decrease /o Increase % Decrease ( %