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HomeMy WebLinkAboutLicense Agreement - Temporary Use of Leighton Garage – Ava Downey dba Outside Notre DameINTER -OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Theresa Heffner, Michael Schmidt FROM: Jenna Throw, City Attorney SUBJECT: License Agreement for Temporary Use of Board of Public Works Property DATE: August 1, 2023 Members of the Board, Theresa, and Michael: Presented for approval at the Board's August 81" meeting is a License Agreement for Temporary Use of Board of Public Works property pertaining to an event to be hosted by Licensee Ava Downey d/b/a Outside Notre Dame on the rooftop of the Leighton Garage. Ms. Downey has been in extensive discussions with Andrew Schreiber of Venues Parks & Arts pertaining to the event and the City's requirements. Ms. Downey is expected to be available for any questions. LICENSE AGREEMENT FOR TEMPORARY USE OF BOARD OF PUBLIC WORKS PROPERTY This License Agreement (this "Agreement") is made on August 8, 2023 (the "Effective Date"), by and between the City of South Bend ("City") Board of Public Works, governing body of the Department of Public Works (the "Board"), and Ava Downey d/b/a Outside Notre Dame, ("Organizer") (each a "Parry," and collectively, the "Parties"). RECITALS WHEREAS, the Board owns certain real property and improvements located within the City of South Bend, Indiana (the "City"), as more particularly described in Exhibit A attached hereto (the "Property"); and WHEREAS, the Organizer desires temporary access to the Property for the purpose of conducting the event known as Back in the Bend Sunset Roof Party (the "Activity"), as described in the proposal attached hereto as Exhibit B (the "Activity Proposal"); and WHEREAS, the Board is willing to permit the Organizer to gain access to and temporarily use the Property for the Activity, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I . The Board grants to the Organizer, its agents, employees, and invitees, a temporary, non-exclusive license to enter and use the Property for the purpose of conducting the Activity, provided that the Organizer's use of the Property is reasonable at all times and comports with the terms of the Activity Proposal, the terms of this Agreement, and all applicable laws. The Organizer understands that the Property is comprised of the area commonly known as the top level of the Leighton parking garage (the "Garage") alone, and this Agreement does not permit the Organizer to use the lower floors of the Garage, or any alleys, parking lots, or sidewalks adjacent to the Property for the Activity. 2. The Organizers' license to use the Property for the Activity shall be effective from August 25, 2023 at 12:00 a.m. to August 25, 2023 at 11:59 p.m., provided, however, that the Board or the Board's authorized representative may revoke and terminate the license at any time for any reason, as determined in its sole discretion. The Organizer agrees that it will not store any supplies, materials, goods, or personal property of any kind on the Property or otherwise use the Property for any purposes except during the time of the license stated in the foregoing sentence. Immediately upon the completion of the Activity, the Organizer will remove from the Property all supplies, materials, goods, and personal property (including trash) used in connection with the Activity. At all times during the period of the Activity, the Organizer will keep the Property in good order and condition. 1 3. The Organizer understands and agrees that the Board shall not be liable for any loss, damage, destruction, or theft of the Organizer's property or any bodily harm or injury that may result from the Organizer's use of the Property. The Organizer understands and agrees that it will at all times be solely responsible for the safety and security of all persons on the Property and any property the Organizer uses or stores on the Property in connection with the Activity. As a condition for use of the Property, the Organizer shall be required to contract with VPA's designated security provider, Invictus, or another security provider approved by VPA in advance in writing. Security personnel shall be required to check identification for all persons entering the Activity through any entrance of the Garage. 4. The Organizer shall not, without the prior written consent of the Board, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Property. 5. The Organizer understands and agrees that it will secure in its own name and at its own expense all necessary permits and authorizations, including but not limited to any permits and authorizations required for alcohol service, needed in order to conduct the Activity. 6. The Organizer understands and agrees that it will, at its own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, guidelines, and regulations of all relevant governmental authorities in relation to the Activity conducted on the Property. 7. The Board reserves the right to use the Property during the term of this Agreement for any purpose that does not substantially interfere with or obstruct the Organizer's permitted use of the Property in accordance with the Activity Proposal and the other terms of this Agreement. 8. To the extent that any portion of the Property is disturbed or damaged in connection with the Organizer's use of the Property, the Organizer, at the Organizer's sole expense, shall restore the Property to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the Board. 9. In consideration for the Organizer's license to use the Property for the Activity, the Organizer agrees and undertakes to indemnify, defend, and hold the City, the Board, the Park Board, VPA, and their respective agents, employees, successors, assigns, and licensees harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City, the Board, the Park Board, VPA, and their respective agents, employees, successors, assigns, and licensees 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 approval granted herein by the Board or the Organizer's use of the Property. If any action is brought against the City, the Board, the Park Board, VPA, and their respective agents, employees, successors, assigns, and licensees, in connection with the Activity, the Organizer agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 10. The Organizer, at the Organizer's sole expense, shall maintain during the effective term of the license commercial general liability insurance covering the Organizer and the Activity 2 in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The Organizer agrees to include the Board and the City as additional insureds on any such policy and produce a certificate of insurance evidencing the same prior to the effective period of the Organizer's license. If a certificate of insurance meeting the requirements of this Section has not been provided within two weeks of the effective term of the license, the City may terminate this Agreement. To the extent that the Board or the City is harmed as a result of the Organizer's use of the Property, the Organizer hereby grants the Board first priority on any proceeds received from the Organizer's insurance. Notwithstanding anything in this Agreement to the contrary, neither the Board, the Park Board, the City, nor VPA waive any governmental immunity or liability limitations available to them under Indiana law. 11. Each undersigned person signing on behalf of his/her respective Party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. IN WITNESS WHEREOF, the Parties have each executed this Agreement to be effective as of the Effective Date stated above. Signature Page to Follow 3 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, �Vice President Gary A. Gilot, Member Alexandra Dolz-Lane, Member %f 4 7--� Murray L. Miller, Member ATTEST: Theresa M. Heffner, Clerk Date: August 8, 2023 AVA DOWNEY D/B/A OUTSIDE NOTRE DAME Lo Ava Downey EXHIRIT A Description of Property The portion of the property commonly known as the Leighton Garage, and more particularly described as follows: Lot 1 as shown on the recorded plat of Leighton Plaza First Minor Subdivision recorded on February 23, 2017, as Document No. 1704410 in the Office of the Recorder of St. Joseph County, Indiana. [Parcel Key No. 018-3006-0190] EXHIBIT B Activity Proposal "Back in the Bend" Rooftop Sunset Party Total Spend in the Community: $2,500-$3,000 event spend Time: 5:30-9:30pm, Friday, August 25th, 2023, Set up at 4pm; Tear down complete 1 Opm Where: Leighton Garage, Level 6 Who: Outside Notre Dame strives to connect Notre Dame students to South Bend through exploring and sharing different restaurants, cafes, shops, activities and hosting events. By doing this, we hope to change the negative stigmatization about South Bend that is prevalent on Notre Dame's campus and encourage students to get outside of Notre Dame and involved in South Bend. What: I hope to use Leighton Garage's Top Level to put on an event to promote SB and Outside ND primarily to Notre Dame students. It will be centered around a DJ concert performed by South Bend and Notre Dame artists. There will be a cash bar ( Hall Pass/Dainty Maid) for 21+, but the event itself will be 18+ (or ND student ID). I plan to hire Invictus Security for crowd control, Hall Pass will be in charge of checking IDs. Outside ND had an event similar to this at LangLab in November 2022. We had over 150 people attend, half South Bend residents and half Notre Dame students. I hope for a bigger turnout of around 400 people because of (i) the unique location, (ii) live music, (iii) a thorough advertising campaign (see attached posters). Tickets will be issued and I hope we get a good number through pre -sale. You can see the layout on the projected plan attached (subjected to hookup locations). Layout Description: While there are three entrances to the top level, I plan to limit all crowd flow through the elevator/stair entrance off of S Michigan Street. Once attendees reach the top level, they will have to check in through the check in table and receive a stamp for entrance and exit privileges. There will be a temporary fence for the drive up portion to prohibit entrance and exit. The bar area will be reserved for 2 1 + and fenced per Hall Pass. Hall Pass will be checking IDs as attendees enter the "Bar Area". The second elevator/stair entrance there will be marked with signage stating that this is not an entrance or exit with directions to the main entrance off of S Michigan. AW stands for "Art Wall"; we will have one art wall that attendees can contribute too. Frequent Discussion Items: I. Will the city provide a portable restroom? No. I will provide a portable restroom at the entrance off of S. Michigan Street. The restroom will be locked outside of event times and will be picked up on Monday. II. What is the maximum number of people allowed on the top level? Right now, we will cap the number of attendees to 450. If we receive strong demand we can invest more money into security to accommodate more people. III. Will the event host take out liability insurance? Yes. A policy of $1,000,000 per city guidelines. IV. Who will be the security provider? Invictus Security. We will hire 6 people total with one off -duty officer. V. Rain Location. While unfortunate, there probably will be no rain location due to the size of this event. I will issue everyone a 75% refund. VI. Crowd control. Bike -racks and tables provided by the city. We can touch base closer to the event date to figure out details on this end. I will pick up on the event date at Morris Theater. VII. Trash. I will recycle all trash, Hall Pass will assist in these efforts. Entrance Address: 114 S Michigan St. S Michigan Street 0 Teaser Poster for First Week of August (DRAFT) "BACK II goo AUG............ € SUNSET PARTY 25 v.......n............................................................................................ HOSTED BY MUSIC BY OUTSIDE NO LUI UNIVERSE, WILL, ELIE.R A ..... ....................... :................. ............. ....................................... . TOP LEVEL, LEIGHTON GARAGE $10 PRE -SALE 1$15 DOOR , 19 ........... DRINKS BY HALL PASS TICKETS AVAILABLE ATE LINHT.AEEICUTSIDE,HU 114 S MICHIGAN ST, SOUTH BEND, IN 46601; 5:30PM�-9:30PM Poster for Detail Release Second Week of August (DRAFT) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/l/2023 Name Jenna Throw Department Legal BPW Date August 8, 2023 Phone Extension Ext. 9354 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer 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 n Other: M Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Ava Downev d/b/a Outside Notre Dame ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ MBE ❑ Yes El WBE Completed E-Verify Form Attached ❑ No NA NA NA NA NA License agreement for temporary use of Board of Public Works property. For Chance Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: