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Home My WebLink About6C(1)C 6pUTH O�g1i;QClr ~O Community & Economic Development'`' °, 227 West Jefferson, Suite 1200, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: South Bend Redevelopment Commission From: Jitin Kain, Senior CED Specialist �* Subject: License Agreement for Citizen's Bank & Trust Plaza Renovation Date: November 5, 2012 Attached with this memo is a license agreement between the Redevelopment Commission and 112 West Jeff, LLC for renovation work on the plaza that is situated on the SW corner of Michigan St. and Jefferson Blvd., formerly known as the Wells Fargo Plaza. 112 West Jeff, LLC is investing approximately $6 million in both the interior and exterior renovations of the historic building located at 112 W. Jefferson Blvd. They have requested assistance with the renovation work of the plaza which is estimated at $256,708. The spreadsheet below shows the cost breakdown for the plaza work: Item Amount Earthwork $52,584.00 Electric $50,372.00 Foundations $13,625.00 Slab $28,971.00 Lndscp /h-rg Allowance $38,650.00 Masonry $69,771.00 Plumber $2,735.00 Project contingency (15 %) $38,506.20 TOTAL $295,214.20 The renovated plaza will be another defining public plaza space in the core of downtown South Bend. It will provide opportunities for public use throughout the year, and especially with events such as the Red Table Plaza concerts, First Friday events and Art Beat. Staff requests approval of the attached License agreement and appropriation of $295,214.20 from the SBCDA TIF towards this project. AGREEMENT FOR LICENSE This Agreement for License (hereinafter referred to as the "Agreement ") is made and entered into this day of November, 2012 between 112 West Jeff, LLC ( "Owner ") and the South Bend Redevelopment Commission (the "Commission "), (hereinafter collectively referred to as the "Parties "), the governing body of the Department of Redevelopment of the City of South Bend, existing and operating under the provisions of Indiana Code § 36 -7 -14, as amended. BACKGROUND A. The Owner is the owner of certain real estate more particularly described at Exhibit "A" (the "Real Estate "). B. The Commission desires to complete certain improvements to the Property which improvements will be accessible to the general public for their use and enjoyment. C. The site improvements being funded and constructed by the Commission are described in Exhibit `B" (the "Improvements "). D. In order to permit the Commission to provide the Improvements, the Owner is granting to the Commission and any of its designated agents and contractors (collectively "Commission ") the License to enter upon the Real Estate to construct and install the Improvements ( "License "). Pursuant to the mutual covenants and promises contained in the Agreement, the Parties agree as follows: L Incorporation of Background. The Background provisions are incorporated into the Operative provisions of this Agreement as if fully set forth herein. 2. Grant of License. The grant of License to the Commission shall be used only for the purpose of providing the Improvements on the Real Estate. The License includes incidental rights of ingress and egress to the Real Estate. 3. Exclusive Grant of License. The License and all interest and rights created by this Agreement are, and shall remain exclusive to the Commission subject to use of the Real 1 Estate by the Owner and its successors and assigns in any manner not inconsistent with the rights of the Commission created by this License. 4. Termination of License. The License, rights, and privileges granted hereunder shall terminate when or at such time as the Improvements are completed to the satisfaction of the Parties or when efforts to construct the Improvements are abandoned. 5. Warranty, Maintenance, and Repair. Upon completion of the Improvements, (i) the Commission shall assign any warranties it may have regarding the Improvements to the Owner, and (ii) the Owner shall assume all maintenance, repair, and replacement obligations which are outside of any warranty assigned to the Owner. 6. Owner Reservation of Rights. The Owner retains, reserves, and shall continue the use of the Real Estate for any purposes which do not interfere with or prevent the use by Commission of the License granted by this Agreement. 7. Indemnification. The Commission shall and will indemnify and hold the Owner harmless from and against any and all damages, injuries, losses, claims, demands, or costs caused by any acts of the Commission in the construction of the Improvements. 8. Entire Agreement. This instrument contains the entire agreement between the Parties relating to the License herein granted and the obligations herein assumed. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in South Bend, Indiana. 112 WEST JEFF, LLC 2 Printed: Its Authorized Representative STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared , the of 112 West Jeff, LLC and acknowledged the execution of the foregoing on the day of 52012. My Commission Expires: , Notary Public Residing in St. Joseph County 3 CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Printed ame and Title South Bend Redevelopment Commission ATTEST: Signature Printed ame and Title South Bend Redevelopment Commission STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and said County and State, personally appeared the City of South Bend, Department of Redevelopment by and ' the and respectively, and acknowledged the execution of the foregoing Certificate of Completion. In WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, this day of '2012. Notary Public Residing in St. Joseph County, Indiana My Commission Expires: I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Lawrence J. Meteiver. This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1400 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, (574) 235 -9294. 5 EXHIBIT "A" Legal Description of the Real Estate A PART OF LOTS NUMBERED TWO HUNDRED EIGHTY -THREE (283) AND TWO HUNDRED EIGHTY -FOUR (284) AS SHOWN ON THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND, BOUNDED BY LINES RUNNING AS FOLLOWS, VIZ: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT NUMBER TWO HUNDRED EIGHTY -THREE (283) AND RUNNING THENCE SOUTHERLY ALONG THE WEST LINE OF MICHIGAN STREET, EIGHTY -SEVEN (87) FEET, FIVE AND SEVEN - EIGHTS (5 -7/8) INCHES TO THE CENTER OF A SEVENTEEN INCH (17") BRICK WALL, WHICH WALL IS THE SOUTH WALL OF THE PREMISES HEREBY CONVEYED, AND THE NORTH WALL OF THE PREMISES ADJOINING ON THE SOUTH; RUNNING THENCE WESTERLY ALONG THE CENTER OF SAID WALL ONE HUNDRED TWENTY -ONE (121) FEET TO A POINT IN THE SEVENTEEN AND ONE -HALF (17 -1/2) INCH WALL, BEING THE WESTERLYWALL OF THE PREMISES HEREBY CONVEYED, AND THE EASTERLY WALL FO THE PREMISES ADJOINING ON THE WEST; RUNNING THENCE NORTHERLY EIGHTY -SEVEN (87) FEET FIVE AND SEVEN - EIGHTS (5 -7/8) INCHES TO A POINT IN THE NORTH LINE OF LOT TWO HUNDRED EIGHTY -THREE (283) ONE HUNDRED TWENTY -ONE (12 1) FEET WEST OF THE NORTHEAST CORNER OF SAID LOT NUMBER TWO HUNDRED EIGHTY -THREE (283); THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT NUMBER TWO HUNDRED EIGHTY -THREE (283) TO THE PLACE OF BEGINNING. ALSO, THE RIGHTS AND BENEFITS OF A PARTY WALL AGREEMENT SET OUT IN A DEED BY AND BETWEEN THE STUDEBAKER VEHICLE COMPANY AND SEBASTIAN S. KRESGEE RECORDED NOVEMBER 23, 1912 AS DEED RECORD 148, PAGE 467 OF THE ST. JOSEPH COUNTY RECORDS. re T 'z "M A v m D D. D �r �r 1 "0 F M E• �m [A ;m r m D I EXHIBIT "B" Description of the Improvements i I CITIZENS BANK & TRUST A JOSEPH A. DZIERLA & ASSOCIATES, INC. BUILDING REHABILITATION 0❑ Amhitmn— &Planning n +die0 ? ENLARGED PLAZA PLAN & SITE DETAILS 7 r