HomeMy WebLinkAboutSpecial Event - Trax Music Bash - May 14, 2022 RescheduledAPPLICATION FOR USE OF
PUBLIC RIGHT-OF-WAY FOR EVENT
The following special events have been approved by the Special Events Committee
Submitted by: Denise Miller
Event name: Trax Music Bash
Event Date: 5/14/22
Street Closure: Ignition from Sample to Cotter
Closure Times: 7:00 am to 12:00 midni t
Sidewalk Closure: ❑ Yes ❑ X No
Comments: Music Festival previously approved by the Special
Events Committee for 9-18-21 was rescheduled and a new event
application was submitted for 5-14-22.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Joseph R. Molnar, Member
Jordan V. Gathers, Member
Murray L. Miller, Member
Attest: Anne Fuchs, Clerk
1
T City of South Bend Special Event Application
City and Regional Event
$50 application fee if filed 60 days or greater (up to 360 days) in advance of event
$100 expedited application fee if filed 30-59 days in advance of event
Review the Instructions on the Special Events page before completing the application. City and Regional Special
Event applications must be submitted more than 30 days in advance of the event date or the application will not
be accepted.
Date of Application: 7-1-2021
Section A - Applicant Information
Organization Name:M&M Promotions—___------___—.
Applicant (Contact) Name: Doug Michael & Steve Mihaljevic (Co_ Promoters)___
indiMusic.com
Applicant (Contact) Phone: _—_213-398-9288 --_ ---_ Contact Email: Dou 9@S p
Address: 428 Lincoln Way West city/state/ZIP: South Bend, IN 46601
List any professional event organizer, event service provider or commercial fundraiser that is authorized to work
on your behalf to plan, produce and/or manage your event.
Organization Name:
Contact Phone:
Address:
Trax Music Bash
Event Name :_________
Contact Name:
Contact Email:
City/State/ZIP:
Section B - Event Information
Event Type: (Festival, Race, Parade, Other):Music Festival
-------------
Event Classification: ❑ Non -Profit` ® For -Profit
❑ City (Civic) Sponsored ® Other (If Other, please describe): MUSIC Festival
'The Special Events Committee may request proof of non-profit status.
Provide a brief description and timeline of event (Note: A detailed map plan is required in Section H of this
application. The description should be a summary overview.)
Sound check will happen around 9:30 am with gates opening to the public at 11:30 am the
day of the event with the first artist performing at 12:30 pm with the last artists leaving the
stage at 10:30 pm allowing all attendees to leave by 11:00 pm. There will 7 to 8 artists the
day of the event with various set times.
Date of Event Setup [mm/dd/yy): 5-12-22
Begin Date of Event [mm/dd/yy]: 5-14-22
End Date of Event [mm/dd/yy]: 5_14-22
Event Cleanup Completion [mm/dd/yy]:
5-16-22
Total anticipated attendance: 4+000 to 5,000
Time: 8 am --
Time: 11:30 am
Time:
11:00 pm --------------
-------- ----
Time: 5pm---------------------
The proposed event will require the closing of: ❑` Streets E Sidewalks
Is the event ticketed or include fees? M Yes ❑ No If yes, list fees and fee groups below:
Estimated Ticket prices:
VIP Tickets cost $70 to $75 plus $4 processing fee
General Admission Tickets $45 to $50 plus $4 processing fee
Does the event have any partnered sponsorships? M Yes ❑ No
If yes, list the number of sponsors at each level of partnered sponsorship:
We have Bud Light / United Beverages as a sponsor.
Is this a returning special event or part of a series of special events? ® Yes ❑ No
If yes, provide the date, location, and attendance of past special events and/or future planned events in the
series:
We are planning on this being an annually event.
If your event is a parade, race, or other processional -type event, please complete Section C. Otherwise,
continue to Section D.
Section C - Parades. Races, and other Processional Events
What is the estimated number of parade/race spectators on the proposed route?
Describe any sound equipment that will be used in the parade/race:
Does the event have participant categories? For example, a run that has different race divisions or a parade with
separate walking/marching groups.
❑ Yes ® No
If yes, list categories and anticipated participants per category.
If your event is a parade, what is the approximate number and type(s) of animals, vehicles, and floats participating
in the parade? (Note: If using animals in a parade, event organizers are responsible for cleaning up animal waste
left on the parade route.) Describe parade participants below:
Section D - Eauioment. Set -uv. and Logistics
Are you hiring a company to provide entertainment, games or inflatables? ❑ Yes ® No
c If yes, you must submit proof of insurance for all stage and entertainment companies three (3) weeks
before the event.
Describe any hired entertainment:
Will you be staking any tents, inflatables, portable restrooms or any other anchorings? ® Yes ❑ No
o If yes, you must provide proof of locates (locate number) two (2) weeks prior to your event. Locates can
be found by calling 811.
Does your event include the use of fireworks, rockets, lasers, or other pyrotechnics? ❑ Yes ® No
o Depending on the potential fire risk, applicants may need to receive approval of the South Bend Fire
Department (process facilitated by event coordinator).
o Describe the event's proposed fire -related entertainment:
Will there be any musical entertainment features at the event? ® Yes ❑ No
o If yes, describe the type of music, schedule of sound check/performances, and the names of any artists
performing:
India Pop / Rock possible headliners Walk The Moon, The Interrupters, Ben Rector. Sound Check around 9:30 am and the last artists performing to
10:30 pm. We are not able to confirm these artist until city approval. To Book these artists the deposit will cost $50,000 to $75,000 that is
non-refundable.
For stage inspections, contact the Department of Homeland Security at 317-232-2222.
If your route crosses over a state road or a bridge please contact the following for permission:
State, IN DOT: County bridges:
Michael Hurt Andy Hayes
219-235-7528,Mhurt1@indot.in.gov 574235-9626,ahayes@co.st-joseph.in.us
Section E - Food
Are you having food at your event (food vendors, caterers, food trucks, etc.)? E Yes ❑ No
If yes, the event coordinator must apply for and receive a St Joseph County Health Department
Temporary Event Permit.
Vendor(s) must also apply for and receive a St. Joseph County Health permit. Health Permits must be
filed with the county 30 days prior to the proposed event. Each vendor must obtain necessary permits to
serve on-site and display these permits at the event.
All applications and guidelines can be found at the St. Joseph County Health Department Food Service
website: sochd.org/food-service.
Please select food sales types: ® Food Vendor ❑ Caterer N Food Truck ❑ Other:
If a Food Truck, please list company name:
Unable to confirm any food trucks 11 months in advance.
Describe how food will be cooked and served:
Section F - Alcohol
Will alcohol be served or sold? M Yes ❑ No
If no, please continue to Section G - Contingency and Strategic Planning
If yes:
o The applicant must apply for and receive a temporary liquor license from the Alcohol & Tobacco
Commission. Indiana ATC forms are located at in.gov/atc/2409.htm. (Temporary Permits are near the
bottom of the form list.) Forms must be filed with the district ATC office five (5) days prior to the
requested event date.
c Application cannot be processed without a copy of this license.
o A refundable $400.00 deposit paid by card or check (made to City of South Bend) must be submitted
with application.
o Application cannot be processed without deposit. Deposit will be returned upon inspection of
event area by the Board of Public Works.
o Events with have alcohol sales must provide security. If your event will be hiring a security company,
please provide its contact information in sub -section (a) below. Otherwise, please list the names, phone
numbers, and qualifications (e.g. off-duty police officer, professional security guard, or event applicant) of
three (3) security guards in the fields provided in sub -section (b).
(a)
Company Name:Dieter Security_______Contact Name:
Contact Phone: 574-532-2200
Email: dddny15@att.net
Address: -1740 Portage Ave. — — City/State/ZIP: South Bend, IN 46616
(b)
Name: __— ------ -- ---- --__ Contact Phone:
Name: T------ _ Contact
Qualifications: ...... --
Name: ----- ----------------- _________ Contact
Qualifications: _... _-- --_—_-------------
Section G - Contingency and Strategic Planning
For each of the following, please provide detailed descriptions. If you run out of space, attach a response to this
application submission.
• Emergency Safety Plan - This plan should include, but is not limited to:
o The number of Indiana Law Enforcement Academy certified officers, fire, and emergency
medical personnel, and the need to use any of the City's public safety or emergency response
services.
c If hiring a security service, provide contact information and the number of hired event personnel.
c Proposed internal communications systems and public address systems.
There will be a minimum of 6 Police Officers 43 Security personal for 4000 attendees
(Minimum of 1 security person for every 100 people that attend the event). There will be an
additional 4 security officers patrolling outside of the event. There will be 4 EMT's for any first
aid that is needed. Internal Communications System - Bearcom
Any public announcements will be made over the concert PA System.
• Proposed Cleanup Plan - This plan should include, but is not limited to:
c Measures in place to collect and remove trash, litter and recyclables.
We will have 25 stewards working for us to help with garbage. There will be several 55
gallons drums lined with garbage bags on site to be used as trash cans. The bags of garbage
will go into a dumpster in the backstage area. The day after the event any debris on the
ground will be removed and placed in the dumpster by our stewards. The 55 gallon drums
and dumpster will be removed on Monday after the event.
• Inclement Weather Plan - This plan should include, but is not limited to:
c Safety measures that will be taken in the event of a tornado warning, tornado watch,
thunderstorm, and extreme temperatures.
We will be monitoring the weather closing on the day of the event through radar and local
meteorologist for any inclement weather. If there is any severe weather an announcement will be
made with instruction where to seek shelter prior to the weather arriving giving everyone time to
make it to the shelter. With an expected crowd of 4000 we will recommend seeking shelter at the
closest public parking garages underground level and the basement of the public library located
about 5 to 8 blocks from the event.
In the event of extreme heat additional tents will be set up for shade as well as free water and a
first aid stations. There will also be a notice the day before the event on all social media of possible
extreme heat as well as announcements through out the day of the event on how to recognize heat
exhaustion are where to go and what to do.
Proposed Lost and Found Plan - This plan should include, but is not limited to:
o A description of the use of signage, announcements on public address systems or pre -event
handouts.
Lost and Found will be located at one of the entrances with signage. Attendees will be
provide a map with the purchase of the ticket prior to the event showing the location of lost
and found, first aid, bathrooms and security. Also all attendees will be have access to a map
on our website showing the location of lost and found, first aid, bathrooms and security. There
will be also maps available the day of the event. Announcements will be made through out the
day of where the lost and found is located as well as first aid and security.
Section H - Site Plan / Route Mao
For parades, races and other processional events:
Are you selecting one of South Bend Police Department's (SBPD) pre -approved race routes? ❑ Yes ❑ No
You must select from SBPD's pre -approved race routes (see links on application site) or provide sufficient
evidence of event participation if the applicant is proposing a different route through South Bend.
If your event will not be using a pre -approved race route, the proposed event map should include a route plan
clearly identifying the timing and locations of proposed street closures, and the direction of parade
movement.
If your event will not be using a pre -approved race route, please explain:
Site Plan / Route Map - For All Events:
Provide an attached map with the geographic locations of all event items listed below.
• Outline of entire event venue including the names of all affected streets and areas.
• Clear markings for street closures and a schedule for each.
• Location of fencing, barriers, and/or barricades. Indicate any removable fencing and exit locations for
emergency purposes.
• Location of all stages, platforms, bleachers, grandstands, tents, booths, cooking areas, vehicles, trailers,
and other temporary structures. Applicants should also clearly mark locations of food and alcohol
serving or sales, if applicable.
• The location(s) and number of all portable toilets and wash stations.
• The location(s) and number of all trash and recycling containers, including dumpsters.
• The location of generators or any source of electricity.
• Traffic plan and map, including proposed loading/drop off areas, barricades, secured areas, vehicle and
bicycle parking areas, and considerations for TRANSPO bus route changes.
Section I - Mitigation of Impact
If you are using and/or closing public sidewalks or streets, you are required to notify area business owners and
residents. You must:
o Present your event concept to the surrounding stakeholders (residents, businesses, and neighborhood
groups) that represent the venue area.
Attach a copy of the brochure or door hanger distributed to all affected residents/businesses/neighborhood
groups describing the event purpose, date and time.
Section J - Insurance
A Certificate of Insurance (copy) confirming the existence of a liability policy (General Liability and Automobile
Liability) of not less than $700,000 per occurrence and $1,000,000 aggregate, which specifically names the City
of South Bend, IN as an additionally insured for the event must be submitted. Copy of Certificate of Insurance
must be submitted two (2) weeks prior to the date of the event.
Section K - Indemnity & Hold Harmless Agreement
City of South Bend Special Events Committee
Indemnity & Hold Harmless Agreement
Date: 7-1-21 Event Date: 5-14-22
--------------------------------
Event Name: TraX_Muslc Bash --_
M & M Promotions
Organization: ------- ------------- --------------
Applicant (Contact) Name: Doug Michael & Steve Mihaljevic (Co -Promoters)__
Applicant (Contact) Phone: 213-398-9288
----------- ------Alt. Phone: -----------------------------
Email: Doug@SpindiMusic.com ____________ ________ _
Address: 428 Lincoln Way WestCity/State/ZIP: South Bend, -IN 46601—
Event Location (Please describe):
Empty grass and parking lots next to Four Winds Field owned by the City of South Bend. Surrounding streets are
Lafayette BLVD, Monroe St, S. Main St, W. South Street. Addresses of lots are: 520 Lafayette,
504 Lafayette, 316 Main & South, 511 Main, 515 Main, 517 Main
Length of Event (Dates/Times): 5-14-22 (11_30 am _ 11 00
Insurance Amount: This event is insured for no less than $700,000 per occurrence and $1,000,000 in aggregate,
and the certificate of insurance includes a rider naming City of South Bend, Special Events Committee, and Board
of Public Works as additionally insured for the event.
Organization Name: _M & M Promotions _____________________________ agrees to indemnify, defend
and hold harmless the Civil City of South Bend, Indiana, from any liability, loss, costs, damages or expenses,
including attorney fees, which the Civil City of South Bend, Indiana, may suffer or incur as a result of any claims
or actions which may be made against the City, its agents, employees, or subdivisions by any person, including a
participant in the activity, arising out of the approval of this request by the Civil City of South Bend, Indiana,
through the Board of Public Works, to close a portion of the public right-of-way for the event described above,
or for any harm or damage alleged to have occurred because of the holding of the special event The
undersigned certifies that he/she is authorized to bind the APPLICANT to these terms.
Signed on this Date:
Doug Michael
Authorized Organizer Signature
Digitally signed by Doug Michael
Date: 2020.10.29 21:35:23 -04'00'
Doua Michael Co -Promoter
Printed Name and Title
Section L - Permit & Agreement
1. Pursuant to Local Ordinance No. 10628-18, there is a $50.00 non-refundable fee for Tier II and III event
applications filed 60 or greater days in advance of the event, or a $100 non-refundable expedited fee for
applications filed between 30 and 59 days in advance of the event.
2. The APPLICANT must comply with all terms and conditions of this Permit and Agreement.
3. The APPLICANT must obtain signatures from and/or make an attempt to notify all residents that reside
on the block. A copy of a brochure or door hanger distributed to all affected residents/businesses
describing the event purpose, date, time and contact information must be included with the
attachments to this application. The applicant is responsible for providing affected residents and
business owners with transportation to their property.
4. The APPLICANT shall reimburse the Board for the actual cost to the City for the event, if deemed
necessary.
5. Notification of approval/denial of this request will be issued by return of this form, upon signed
authorization by the Special Events Committee.
6. The APPLICANT shall provide to the Board a Certificate of Insurance showing a liability policy in full
force and effect with limits of $700,000.00 per occurrence and $1,000,000.00 aggregate and the City of
South Bend, Special Events Committee, and Board of Public Works listed as an additional named insured
for this event.
7. The APPLICANT assumes full responsibility for providing ample disposal containers for refuse/recycling
and assures the area will be cleaned up upon the conclusion of the event.
8. Barricades will be delivered and picked up at the event location. The APPLICANT is responsible for
seeing that all cones are maintained and returned undamaged.
9. The APPLICANT will follow the City of South Bend Noise Ordinance, which is in effect at all hours.
Between the hours of 11:00 p.m. and 7:00 a.m. certain noises are particularly prohibited. These include
operating radio receiving sets, musical instruments, phonographs and other sound reproduction devices if
audible fifty (50) feet away, as well as shouting, yelling, hooting, whistling, or singing in the streets in a
manner to disturb the peace (Municipal Code 13-57).
10. The APPLICANT assures the City that the area will be closed during the times indicated on the
application only. Event end times are pursuant to the recommendations of the South Bend Police
Department.
I have read the Application and the Permit and Agreement for this Special Event and I affirm the truth of
the information provided by me to the best of my knowledge. I understand and agree to the above rules
and regulations, and any applicable state and federal laws. I also understand that this application may be
denied based on any false or incomplete information.
Date: _-21.
------ -- Digitally signed by Doug Michael— --
ApplicantSignature:DOUg Michael Date: 2020.10.2921:40:42 -04'G-04'00'
Printed Name: Doug Michael
President
Amber
SPECIAL EVENTS COMMITTEE APPROVAL
Member
Member
7.20.011
Date
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defined separation bztween the bur are.: and famty "Ina, (Mlml be nn fMnr Plan)
3. There shall hr. NO nary -me pdvllegue, NO cam,•-kl rinvilNos and NO spirituous bevem9ee allowed.
4. Each applicnal mus! designate all indiv;dral W be respoesiblo ter Ihr: evert And stich Parson shelf sk3u Um authority.
b. ANY and ALL persons dispem;im3 rx accepiing Paymeri fur aicolacle bovumges MUST POSSESS a valid ATL; enrylOyoe Pcmrit.
b The event roust meet appktaehle Indiana estate Demd of Health requiremonln, partieuhnly wilt' myard kl resbnum fneilifies.
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Et, Legal Naar.: Of dispensing alcohtNic hOvrrafpas: (Pmvailing lime)
Monday through Saturday - 7 AM to 3 AM the roilo ing day
Sunday - 7 AM to 3 AM the lollowinq is,,
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10. The authority must be pester) tP the mart llR6plc eu4 Place Of t%S l+Xatial of the ovool. All oxcisn offigol or cmrirowionel. for flood cause, has
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7. ALL EVENTS ARE $50.00 PER DAY, BUSINESS CHECK i OR MONEY ORDERS ARE ACCEPTED MADE OUT TO THE
INDIANA ALCOHOL AND TOBACCO COMMIS!i ION
2. SERVING PAST MIDNIGHT, NO 1_A7ER I"HAN 3 AAA, IS 4UEW DAY.
3. NO RAIN CHECKS ON ANY OF THE ABOVE EVENTS.
Page 2 Or 2
• LICENSE AGREEMENT FOR USE
This License Agreement For Use (this "Agreement") is made
on January 28, 2021, by and between the South Bend Redevelopment Commission, governing
body of the City of South Bend Department of Redevelopment (the "Commission"), and M & M
Promotions, LLC. (the "Licensee") (each a "Party," and collectively, the "Parties').
RECITALS
A. The Commission owns certain real property and improvements located within the
River West Development Area of the City of South Bend, Indiana (the "City"), commonly known as
1010 & 1100 Prairie Ave., South Bend, IN 46601, as further described on Exhibit A (the
"Commission Property").
B. The Licensee desires temporary access to portions of the Commission Property
during a ticketed public event occurring on September 18, 2021 (the "Event").
C. The Commission is willing to permit the Licensee to gain access to and temporarily use
certain portions of the Commission Property during the Event, subject to applicable laws and the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the
• Parties agree as follows:
1. License. The Commission grants to the Licensee a temporary, exclusive license to
enter and use the portions of the Commission Property outlined and shaded in red on Exhibit B.
which is attached hereto and incorporated herein by reference (the "Property"), during the Event,
provided that the Licensee's use of the Property is reasonable at all times and comports with the
terms of this Agreement and all applicable laws. The Licensee agrees that the Event layout shall be
substantially similar to the layout set forth on Exhibit C, which is attached hereto and
incorporated herein by reference. Any material changes to the layout shall be subject to review
and approval of the Commission. Access to and use of the unshaded portions of the Commission
Property is specifically denied.
2. Term and Termination. The Licensee's license to use the Property shall be effective at
12:00 a.m. on September 11, 2021 and shall terminate at 11:59 p.m. on September 25, 2021 (the
"Term").
3. No Lease or Easement; Assimment. The Commission represents that it is the sole
owner in fee simple of the Property and has the lawful right to permit the Licensee to use the
Property under this Agreement. The Parties acknowledge and intend that this Agreement will not
constitute a lease of or an easement over the Property, and the Licensee will have no right or
authority to convey any leasehold or other interest in the Property to any other person or entity.
Except as expressly provided in this Agreement, any attempt by the Licensee to grant or lease any
interest in the to any other person or entity will be void ab initio and of no force or effect. The
Parties agree that neither this Agreement nor any of the Licensee's rights under this Agreement
0
0
9
• may be assigned, in whole or in part, to any other party without the Commission's prior written
consent.
4. Maintenance. The Licensee will keep the Property in good order and condition
during the Term, including, without limitation, clearing all debris from the Property.
5. Security. The Licensee shall provide security sufficient for the Event and to ensure
compliance with the terms of this Agreement. The Licensee understands and agrees that the
Commission and the City shall not be liable for any loss, damage, destruction, or theft of the
Licensee's or its employees' or invitees' property or any bodily harm or injury that may occur
during the Event or result from the Licensee's or its employees' or invitees' use of the Property or
unauthorized access to or use of the Commission Property or any adjacent properties. The
Licensee understands and agrees that it will at all times be solely responsible for the safety and
security of all persons, property, and vehicles, including any property contained within the
vehicles, on the Property in connection with the Event or the Licensee's or its employees',
contractors', agents', or invitees' use of the Property render the terms of this Agreement.
Additionally, the Licensee shall ensure that no employees, contractors, agents, or invitees of the
Licensee shall access or use the unshaded portions of the Commission Property or any adjacent
properties.
6. Storage Other than the equipment required for the Event, the Licensee agrees that
it will not store or allow to be stored any supplies, materials, goods, or personal property of any
• kind on the Property. The Licensee shall not allow any equipment, vehicles, machinery, or any
other personal property to be placed or stored on the unshaded portions of the Commission
Property. In addition, the Licensee will not cause or permit, knowingly or unknowingly, any
hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the
Property.
7. Regulations' Other Permits. The Licensee understands and agrees that it will, at its
own expense, observe and comply with all applicable statutes, laws, ordinances, requirements,
orders, rules, regulations, and guidelines of all relevant governmental authorities in relation to its
use of the Property and that it will consult with other City departments as may be reasonably
requested by the City. The Licensee understands and agrees that it will secure in its own name and
at its own expense all other permits and authorizations, if any, necessary for its use of the Property
in accordance with the terms of this Agreement.
8. COVID-19. The parties acknowledge and agree that a Declaration of Public Health
Emergency by the Governor of the State of Indiana or any similar such declaration from the
officials of St. Joseph County or the City may subject the occurrence of the Event to special rules
and guidelines promulgated by the Indiana State Department of Health ("ISDH") and/or the St.
Joseph County Health Department ("SJCHD"). The Licensee agrees that it will consult with
officials from the ISDH and/or the SJCHD with regard to the Event and will follow all rules and
guidelines promulgated by those authorities or suggested to the Licensee by either of those entities
specifically for the Event. If either the ISDH or the SJCHD determines that it is not in the interest
of public health to hold the Event, then this Agreement shall immediately terminate without
liability to the City or the Commission
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• 9. Restoration. To the extent that any portion of the Property is disturbed or damaged
in connection with the Licensee's use of the Property, the Licensee, at the Licensee's sole expense,
shall restore the Property to the condition that existed immediately prior to such disturbance or
damage to the satisfaction of the Commission. Further, if any damage to any portion of the
Commission Property is evident or suspected at any time during the Term, the Licensee shall
immediately notify the Commission and restore those portions of the Commission Property to the
condition that existed immediately prior to the Tenn at the Licensee's sole expense.
10. Indemnification. The Licensee agrees and undertakes to defend, indemnify, and
hold harmless the City and the Commission, and their respective officials, employees, agents,
successors, and assigns, from and against any liability, loss, costs, damages, or expenses, including
attorneys' fees, which the City or the 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 Event, the license granted
herein by the Commission, the Licensee's use of the Property, or the acts or omissions of the
Licensee's employees, contractors, agents, or invitees, including acts or omissions occurring on
adjacent properties. If any action is brought against the City or the Commission, or their respective
officials, employees, agents, successors, and assigns, in connection with the Event, the license
granted herein, the Licensee's use of the Property, or the acts or omissions of the Licensee's
employees, contractors, agents, or invitees, including acts or omissions occurring on adjacent
properties, the Licensee agrees to defend such action or proceedings at its own expense and to pay
any judgment rendered therein. This Section shall survive the termination of this Agreement.
• 11. Insurance. The Licensee, at the Licensee's sole expense, shall maintain doming the
Tema of this Agreement commercial general liability insurance sufficiently covering the Event,
but in no event less than Five Million Dollars ($5,000,000), and shall name the City and the
Commission as additional insureds. The Licensee shall provide the Commission with a Certificate
of Insurance evidencing the amount no later than fourteen (14) days prior to the Event. Failure to
provide a Certificate of Insurance in the amount stated above will result in the immediate
termination of this Agreement with no liability to the City or the Commission. To the extent that
the Commission or the City is harmed as a result of the Event, Licensee's use of the Property, or
the acts or omissions of the Licensee's employees, contractors, agents, or invitees, the Licensee
hereby grants the Commission first priority on any proceeds received from the Licensee's
insurance. Notwithstanding anything in this Agreement to the contrary, neither the Commission
nor the City waive any governmental immunity or liability limitations available to them under
Indiana law. This Section shall survive the termination of this Agreement.
12. Intearatiow Amendment. This Agreement supersedes all prior negotiations,
understandings, and agreements, whether written or oral, concerning the subject matter of this
Agreement and constitutes the Parties' entire agreement. This Agreement may not be altered
except by a written instrument signed by authorized representatives of both Parties.
13. 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 thered 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
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• unless it is in writing and is signed by the party asserted to have granted such waiver. This Section
shall survive the termination of this Agreement.
14. 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.
15. Counterarts: Signatures. This Agreement may be separately executed in
counterparts by the Commission and the Licensee, and the same, when taken together, will be
regarded as one original Agreement. Electronic signatures will be regarded as original signatures.
16. Authority. 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.
17. Governing Law. This Agreement will be governed by and construed in accordance
with the laws of the State of Indiana.
{Signature Page Follows}
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IN WITNESS WHEREOF, the Parries have executed this License Agreement For Use to
be effective as of the Effective Date stated above.
CM&'M Promotions. LLC
Michael, Partner
18-2o2 /
evIhaljevic. Parma
Date: /
SOUTH BEND REDEVELOPMENT
COMMISSION
Marcia 1. Jones, President
ATTEST:
/��
Quentin M. Phillips, Secretary
Date: 1.28.21
•
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Property Description
Tax Key No. 018-8021-094904
State Parcel ID: 71-08-14-226-002.000-026
Legal Description: Lot 4 Ignitions Park Major Sub Sec 2 15/16 NP#4562 07-01-2014
Commonly Known As: 1010 Prairie Ave., South Bend, IN 46601
Tax Key No. 018-8021-084903
State Parcel ID: 71-08-14-203-002.000-026
Legal Description: Lot 3 Ignitions Park Major Sub Sec 2 15/16 NP#4562 07-01-2014
Commonly Known As: 1100 Prairie Ave., South Bend, IN 46601
Tax Key No. 018-8021-084902
State Parcel ID: 71-08-14-203-003.000-026
Legal Description: Lot 2 Ignitions Park Major Sub Sec 2 15/16 NP#4562 07-01-2014
Commonly Known As: 1100 Prairie Ave., South Bend, IN 46601
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Event Layout Map
3 On North side of street
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M & M Promotions
South Bend, IN
323-864-8836
October 29, 2020
Dear Special Event Committee,
We are proposing to do an all day Music Festival on Sept. 18, 2021 that would
have an estimated 4000 to 5000 people, with 7 artists, which include 3 to 4 national
artists performing. The event area is owned by the City of South Bend and at the time
of submitting this application the city is drafting a licensing agreement to allow us to
use the land. This event would have one stage located on the south end of the lot and
have temporary fencing around the perimeter of the lot. There would be port a -potties
located on the parking lot next to the field, several tents set up around the perimeter
and have 40 to 50 people for security, in addition to the 6 to 8 off duty police officers.
• We will also be making a donation to the Hope Mission located across the street from
the event.
I, Doug Michael, personally have 25 years experience working in Los Angeles in
the Music Industry managing Record Producers and promoting concerts in the LA
area. Since moving back to South Bend and have been consulting and handling
business with clients in LA, I also own a restaurant in South Bend and have promoted
one concert which was in Ohio. My business partner is also a business owner and real
estate developer here in the area. Our production manager has about 10 years
experience touring North America doing Front of House (FoH) sound with several
national recording artists.
This event will have a positive economic impact for the city and downtown
businesses. We are estimating 40% of the concert attendees will not be from South
Bend with half of those people needing hotel rooms for at least one night. The event
will also be providing jobs, not just jobs for security personnel but to stage hands and
stewards working the event.
We understand that the city has never had an event like this and that there will
be concerns in hosting such an event. We take this event very seriously and every
aspect of this event will be handled professionally with the proper insurance, security
and paramedics / EMT's to ensure the safety of all. We understand that with the
• current Covid-19 Pandemic that things are changing weekly. We hope that by the time
of the event that we will be in a position to have live music events, but if we are still in a
• pandemic we understand that the event will have to be canceled or postponed. With
the Artist that we wish to bring in for the show they are already booking concerts for
next year. So we need to book and confirm these artists in the next 45 days and have
tickets going on sell by late February to early March. We hope for this to to be an
annual event here in the City of South Bend and that we have great working
relationship with the city moving forward.
Sincerely yours,
Doug Michael and Steve Mihalievic
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• DOUG MICHAEL 109
428 12 LINCOLN WAY W
SOUTH BEND, IN 466O1-1116 37-65/111985 7
/O -3o • 2020
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