HomeMy WebLinkAboutRight-of-Way Encroachment License Agreement - Four (4) Digital Kiosks in ROW – KRG Eddy Street Land III
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
March 22, 2022
Mr. Mark Jenkins
KRG Eddy Street Land III
30 S. Meridian St., Suite 1100
Indianapolis, IN 46204
thalsey@kiterealty.com
RE: Right-of-Way Encroachment License Agreement
Dear Mr. Jenkins:
At its March 22, 2022 meeting, the Board of Public Works approved the above
referenced agreement for four (4) digital kiosks in the right-of-way at Eddy Street Commons,
Phase I, DP #17-005.
Enclosed please find a copy of the agreement for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
4.Revenue Sharing; Right of Inspection. In consideration of the City permitting the Licensee
to install the Encroachment in the City R/W, the Licensee agrees to provide the City with
fifty percent (50%) of all net revenues generated from advertisements of products and
services from the Encroachment. No revenue sharing shall be required during the first
year of the Agreement; but rather shall commence within thirty days (30) after the one
year anniversary of the first advertisement in the Encroachment and continue throughout
the term of the Agreement. Such payments shall be made on an annual basis and shall be
sent to the attention of the contact listed in Section 15 of this Agreement. Licensee affirms
that it has not/will not enter into advertisement agreements designed to front-load net
revenues during year one of this Agreement.
The Licensee shall maintain books, records, documents and other evidence, consistent
with its normal accounting procedures and practices, sufficient to reflect the perfo1mance
of its obligations reasonably and accurately under this Agreement, and the payment of its
Revenue Share obligation. Upon request the Licensee shall provide the City with access
to Licensee's records, with reasonable notice and during regular business hours, to
confam compliance with the Revenue Sharing requirement.
5.City Event Advertising. Licensee agrees to allow the City to advertise City events and
programs free of charge during the term of this Agreement. The licensee will allow a
reasonable number of City events and programs to be promoted at each of the four (4)
digital kiosks and agree to prominent placement and timing of the advertising during the
day. The design and creation of content for the City related advertisements shall be the
responsibility of the City. Licensee shall have the right to approve City content, which
content shall not be umeasonably withheld.
6.Term, Safety Concern, Termination, and Restoration. This Agreement and the License
granted to Licensee hereunder shall commence as of the Effective Date and shall continue
for an initial te1m of three (3) years from the Effective Date. The Parties agree to review
and re-evaluate the Agreement a minimum of ninety (90) days prior to the initial expiration
date and may by mutual written agreement extend the term of the Agreement for successive
three (3) year tenns.
Safety Concern Notice. Upon receipt of notice from the City of a safety concern claim
("Safety Concern Claim") from the City, Licensee shall immediately cease advertising on
the affected kiosk(s) during the City's investigation.
Termination by City. The City may te1minate this Agreement, in whole or part, by
providing the Licensee with a written notice of partial or full te1mination ("Partial or Full
Termination Notice"). A Partial Termination shall only apply to the specific kiosk signs
indicated in the Notice.
Upon receipt of a Partial or Full Tennination Notice, the Licensee shall remove the
affected kiosk sign(s), at no cost to the City, within sixty (60) working days of receipt of
the notice; and restore the City right of way to the same or better condition that existed
2
March 22, 2022
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 3/15/2022
Name Sue Ellen Doudrick Department DPW
BPW Date 3/22/2022 Phone Extension 5922
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title
Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. __ PCA
Chg. Order, No. Traffic Control Resolution
Other: Kiosk Agreement Ease./Encroach
Required Information
Company or Vendor Name KRG Eddy Street Land III (Kite Realty Group)
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Eddy Street Commons Phase I
Project Number DP 17-005
Funding Source n/a
Account No. n/a
Amount n/a
Terms of Contract License Agreement
Purpose/Description KRG is seeking a license agreement with BPW for signs in the ROW. The
primary portion of the agreement is regarding 4 digital kiosks in the ROW.
For Change Orders Only
Amount of
Increase
Decrease
($)
Previous Amount
Current Percent of Change:
Increase
Decrease
(%)
New Amount
Total Percent of Change:
Increase
Decrease
(%)
Time Extension Amount: 0
New Completion Date: -