Loading...
HomeMy WebLinkAboutLicense Agreement - Temporary Use of Leighton Garage – Ava Downey dba Outside Notre Dame1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 SANDRA KENNEDY CORPORATION COUNSEL CITY OF SOUTH BEND JAMES MUELLER, MAYOR DEPARTMENT OF LAW April 15, 2024 Members of the Board, Theresa, and Michael: PHONE 574/235-9241 FAX 574/235-7670 TTY 574/235-5567 JENNA K. THROW CITY ATTORNEY Presented for approval at the Board's April 23rd, 2024 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 and Desi Inc. 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. This is the 2nd year hosting this event and will include a bar provided by Chicory Cafe and a DJ. Security will be provided by Invictus Securityto assure safe operations from the event hours of 7pm to 10:30pm. KYLIE CONNELL Andrew Schreiber General Manager of Venues South Bend Venues Parks & Arts 211 N Michigan St. South Bend, IN 46601 O: 574-235-5796 C: 574-310-2938 DANIELLE WEISS THOMAS E. PANOWICZ MICHAEL SCHMIDT ADAM E. TAYLOR DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F LICENSE AGREEMENT FOR TEMPORARY USE OF BOARD OF PUBLIC WORKS PROPERTY 4/15/2024 This License Agreement (this "Agreement") is made on , 2024 (the "Effective Date"), by and between the City of South Bend ("City") acting through its Board of Public Works ("BPW") and Desi Technologies, Inc., ("Organizer") (each a "Party," and collectively, the "Parties"). RECITALS WHEREAS, BPW owns certain real property and improvements located within 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 Rooftop House Volume I (the "Activity"), as described in the proposal attached hereto as Exhibit B (the "Activity Proposal"); and WHEREAS, the BPW 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: 1. 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 Main and Colfax 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 May 2, 2024 at 12:00 a.m. to May 2, 2024 at 11:59 p.m., provided, however, that the City or the City'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. 3. The Organizer understands and agrees that the City and the BPW, or any of its designees or representatives 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 DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F 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 City's designated security provider, Invictus, or another security provider approved by City 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 BPW, 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 City and BPW reserve 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 City. 9. The Organizer agrees and undertakes to indemnify, defend, and hold the City, BPW, and their respective agents, employees, successors, assigns, and licensees harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City, BPW, 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 BPW or the Organizer's use of the Property. If any action is brought against the City, BPW 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 term of this Agreement commercial general liability insurance covering the Organizer and the Activity in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The Organizer agrees to include BPW and the City as additional insureds on any such policy and produce to BPW, or its representative, a certificate of insurance evidencing the same. To the extent that BPW or the City is harmed as a result of the Organizer's use of the Property, the Organizer hereby 2 DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F grants the City first priority on any proceeds received from the Organizer's insurance. Notwithstanding anything in this Agreement to the contrary, neither BPW nor the City, 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 DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Briana Micou, Member Murray L. Miller, Member ATTEST: Theresa M. Heffner, Clerk Date: April 23, 2024 DESI TECHNOLOGIES, INC. By: Docu Signed by: 1L4D44E4230F784D4 ... CEO & President , Authorized Representative 2 DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F FXHTRTT A Description of Property The portion of the property commonly known as the Leighton Garage located at 109 West Jefferson Blvd. DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F EXHIBIT B Activity Proposal �4 Entrance Address: 114 S Michigan St. S Michigan Street k _ ,m -.r MAW DJ Stand Mw Y dkf m Bar / 21+ mmoormw Only No Entrance/No Exit 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: