HomeMy WebLinkAbout5C1 Second Amendment to License Agreement (M&M Promotions)Redevelopment Commission Agenda Item
DATE: 4/28/22
FROM: Joseph Molnar, DCI Property Manager
SUBJECT: Temporary Use Agreement (400 W Sample St)
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Specifics:
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: _______________; Break down:
Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________;
Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________;
Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________
___________________________________________. Going to BPW for Contracting? Y/N
Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
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SECOND AMENDMENT TO LICENSE AGREEMENT FOR USE
This Second Amendment to License Agreement For Use (this “Second Amendment”) is
dated April 28, 2022 (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 M & M Promotions, LLC (the “Company”) (each a “Party” and collectively
the “Parties”).
RECITALS
A. The Commission and the Company entered into a License Agreement For Use
dated January 18, 2021, as the same was amended by a First Amendment to the Agreement, dated
August 12, 2021 (together, the “Agreement”), with regard to the Property; and
B. The Company desired temporary access to portions of the Commission Property
during a ticketed public event occurring on May 14, 2022 (the “Event”),
C. The Parties now wish to amend the Agreement to change the date of the event and
the location.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
Second Amendment and the Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1. Recital A of the Agreement shall be deleted in its entirety and replaced with the following:
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 400 West Sample St., South Bend, IN 46601, as further described on Exhibit A (the
“Commission Property”).
2. Recital B of the Agreement shall be deleted in its entirety and replaced with the following:
The Licensee desires temporary access to portions of the Commission Property during a
ticketed public event occurring on October 8, 2022 (the “Event”).
3. Section 2 of the Agreement shall be deleted in its entirety and replaced with the following:
Term and Termination. The Licensee’s license to use the Property shall be effective at
12:00 a.m. on October 1, 2022 and shall terminate at 11:59 p.m. on October 15, 2022 (the
“Term”).
4. Exhibit A Property Description shall be deleted in its entirety and replaced with the
Exhibit A attached hereto.
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5. Exhibit B Property Map shall be deleted in its entirety and replaced with the Exhibit B
attached hereto.
6. Exhibit C Event Layout Map shall be deleted in its entirety.
7. Unless expressly modified by this Second Amendment, the terms and provisions of the
Agreement remain in full force and effect.
8. Capitalized terms used in this Second Amendment will have the meanings set forth in the
Agreement unless otherwise stated herein.
9. Approval of the date change and the location change of the Event is subject to approval by
the Special Event on Public Property Committee.
Signature Page Follows
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
License Agreement for Temporary Parking to be effective as of the Effective Date stated above.
M&M PROMOTIONS, LLC.
_________________________
Doug Michael, Partner
_________________________
Steve Mihaljevic, Partner
SOUTH BEND REDEVELOPMENT COMMISSION
__________________________________
Marcia I. Jones, President
ATTEST:
______________________________
Troy Warner, Secretary
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EXHIBIT A
Property Description
Tax Key No. 018-8021-0849
State Parcel ID: 71-08-14-276-002.000-026
Legal Description: Lot 5 Ignitions Park Major Sub Sec 2 15/16 NP#4562 07-01-2014
Commonly Known As: 400 West Sample St., South Bend, IN 46601
Tax Key No. 018-8021-084906
State Parcel ID: 71-08-14-226-001.000-026
Legal Description: Lot 6 Ignitions Park Major Sub Sec 2 15/16 NP#4562 07-01-2014
Commonly Known As: 400 West Sample St., South Bend, IN 46601
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EXHIBIT B
Property Map