HomeMy WebLinkAbout5A4 MOU (Valerie Loew)
Redevelopment Commission Agenda Item
DATE: 7/10/23
FROM: Joseph Molnar
SUBJECT: MOU Fat Daddy’s Façade Artifacts
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: MOU allowing for Valerie Loew to make molds of the former Fat Daddy’s façade
artifacts.
Specifics: The RDC is in possession of façade artifacts of the former Fat Daddy’s building that
was authorized to be demolished in December 2018. Valerie Loew is a South Bend resident and
artist who desires to use portions of the façade saved by the RDC for the purpose of casing
molds for various art projects.
The attached MOU allows Ms. Loew to use the artifacts to create molds so long as no harm is
done to the artifacts. Staff believes this is an opportunity to share the City’s architectural
history with a broader audience and aid a local artist.
City Staff recommends approval of the MOU.
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
MEMORANDUM OF UNDERSTANDING BETWEEN THE
SOUTH BEND REDEVELOPMENT COMMISSION
AND VALERIE LOEW
This Memorandum of Understanding (this "Agreement") is made and executed between
the South Bend Redevelopment Commission (the "Commission") and Valerie Loew (the
"Artist"), an individual, on the 13th day of July 2023.
WHEREAS, in December 2018, the Commission authorized the demolition of a structure
at the southwest corner of Michigan Street and Monroe Street in the City of South Bend (the
"City"), commonly known as Fat Daddy's; and
WHEREAS, the Artist is a resident of the City and desires to use portions of the facade
saved by the Commission, descriptions of which are attached as Exhibit A (the "Artifacts"), for
the purpose of casting molds for a project; and
WHEREAS, the Commission has determined that allowing the Artist to temporarily use
the Artifacts to create molds to replicate them for use in her creations is a valid public purpose
and will generally serve the interests of the City’s residents.
NOW, THEREFORE, the Commission and the Artist do hereby mutually agree as follows:
I. TERM
This Agreement shall be effective on July 13, 2023 and continue until July 1, 2028. The
Commission reserves the right to terminate the Agreement within thirty (30) days’ notice of
termination to the Artist.
II. GENERAL TERMS
The Commission will allow the Artist to temporarily use the Artifacts to create molds to
replicate them for use in her creations. The Artist shall return the Artifacts to the Commission
upon completion of the molds. For the term of this Agreement, the Artist may re-request the
temporary use the Artifacts as often as needed.
III. RESPONSIBILITIES OF THE COMMISSION
a) The Commission authorizes Joseph Molnar of the Department of Redevelopment, or
his designee, to work with the Artist with regard to the selection, receipt, and return of
the Artifacts in accordance with the terms hereof.
b) The Commission agrees to obey all applicable local, state, and federal laws and
regulations pertaining to this transaction.
IV. RESPONSIBILITIES OF THE ARTIST
a) The Artist agrees to work with Joseph Molnar or his designee to select and
document the Artifacts.
b) The Artist agrees to use reasonable care with the Artifacts during transport and
storage and will not permanently alter or damage the Artifacts or allow anything
to permanently alter or damage them while such Artifacts are in the Artist's care,
custody, and control.
c) The Artist shall promptly return the Artifacts to Joseph Molnar or his designee
upon completion of the creation of molds.
d) The Artist agrees to make exact replicas of the Artifacts and not to use or incorporate
them in a manner that would reasonably be found offensive to the general public.
e) The Artist agrees to obey all applicable local, state, and federal laws and regulations.
V. ASSIGNMENT
Neither party may assign this Agreement without first obtaining written consent from the
other party.
VI. ILLEGALITY
If any provision of this Agreement is found by any court of competent jurisdiction to be illegal,
invalid, or unenforceable, the remainder of this Agreement will not be affected thereby, and in lieu of
any provision that is found to be illegal, invalid, or unenforceable, there will be added as part of this
Agreement a provision as similar to such illegal, invalid, or unenforceable provision as may be possible
and be legal, valid, and enforceable.
VII. ENTIRE AGREEMENT
This document contains the entire agreement between the parties regarding the issue of the use
of the Artifacts by the Artist and supersedes all prior negotiations, representations, or agreements, either
written or oral, regarding the sole issue of the use of the Artifacts by the Artist. This Agreement shall
not be amended or modified except by written instrument signed by both parties.
VIII. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Indiana and venue shall be in St.
Joseph County, Indiana.
SIGNATURE PAGE FOLLOWS
EXHIBIT A
Artifacts