Loading...
HomeMy WebLinkAbout#2865- Deed; EASEMENTS FOR VARIOUS LOCATIONS -Chimps- Grant of Temporary Easements�giiT �F l�rlG✓�,Q� yyrLY;TS 4 LL4 L LC 6 -1-7646 VAv�� TY GRANT OF TEMPORARY EASEMENTS INSTALLATION OF CHIMP SCULPTURES AT VARIOUS PARTS OF THE CITY ENCROACHING INTO THE PUBLIC RIGHT-OF-WAY This Grant of Temporary Easements, made this 1�day of May, 2003, by the City of South Bend, Indianathrough its Board of Public Works (Grantor) in favor of South Bend Zoological Society, Inc., its successors and assigns (Grantee). WITTNESSETH THAT: WHEREAS, the South Bend Zoological Society is a not -for -profit Indiana Corporation whose primary purpose is to aid the Potawatomi Zoo of South Bend; and WHEREAS, Grantee, to further the knowledge of the presence of and to stimulate attendance at Potawatomi Zoo, wishes to locate sculptures of Chimpanzees at various locations throughout the City of South Bend, some of which locations are on the public property; and WHEREAS, the Board of Public Works desires to grant right of easements for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public property. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto other, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easements. The Board of Public Works of the City of South Bend does hereby grant to the South Bend Zoological Society, its successors and assigns, an exclusive right, privilege and easements to locate the Chimpanzee sculptures through October 31, 2003 at the following locations in the City of South Bend: a. The Morris Center on the Brick Walk at the East Entrance Fountain Area; b. The Century Center at the Sign on the Grass on St. Joseph Street; c. The College Football Hall of Fame at the Corner of St. Joseph and Washington Streets, across from the Marriott; d. The West Michigan Island - Grassy Island in Front of Memorial Hospital; e. The County -City Building, 227 West Jefferson Boulevard; f. The South Bend Chocolate Factory, 100 South Michigan Street; g. The Leighton Healthplex Brick Atrium off Main and Jefferson Streets; h. The Key Bank Center at the Comer of Jefferson and Michigan Streets; i. The St. Joseph County Main Library, 340 South Main; j. The Fannie Mae Candy Shop, 101 North Michigan Street; Z. k. The Potawatomi Zoo Society, Michigan and Chippewa Streets on City Island. For purposes of this grant, each location shall be considered a different easement. 2. Easement Revocable by Board. The Board of Public Works reserves the right to revoke an easement at any time should it determine that any one sculpture presents a safety hazard to the public, the full use of the property at this location is required, or if the condition of the sculpture becomes an eyesore. However, the revocation of any easement at one location shall not in any way affect the continuing validity of the easements as to the other locations. 3. Indemnification. Grantee agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of public property by this Grant of Temporary Easements. Grantee further agrees to repair and restore the concrete sidewalk near each easement or immediately adjacent thereto from all damage caused by the removal of the sculptures, said repairs to be made within one month after the sculptures are removed. If the repairs are not made by Grantee within said time, or if the Grantee fails to remove the sculptures by November 30, 2003, the City may remove the materials, repair the sidewalk, and notify Grantee of the costs. Grantee shall, within thirty (30) days after notice, pay the reasonable costs of the repairs and removal. GRANTEE: SOUTH BEND ZOOLOGICAL SOCIETY GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot Carl Littrell Don Inks ATTEST: 0 Angela . Jacob, ClerkJ Chimp Location Rules Chimps will be located in the City right -a -way throughout the City. They must be located 2' behind the curb and must have a 5' walk way around the chimp. The base is 28" round and 16" tall, weighing about 200 lbs. The chimps are 4' to 6' tall, total height on base will be 5' to 7'. A map will be provided to the City of South Bend Board of Public Works showing every location of a chimp. Any damage to landscaping will be repaired by the Celebrate Chimp committee. Contractor: Aggregate Industries 1700 Egbert P.O. Box 99 Goshen, IN. 46567 Mr. Phil Czarnecki Phone 574-533-0415 G O U va U vK�m cl c} ca UD y O W m y O 'S4 c G cA cc O ` y u Z . ca ' ✓] o ` is 0C G • C cn ca a? G r^ �# a`yi is a3i Q Y U Ica � "t--oaU �� 3 (n Aar �nU.�UO U) aU c 3 mrnUUm.0L2t�U z 0 a cs 0 a w Gd i N y xCI3 y 9 CU . CO ozvs v6vi16 CliUiV34l.v�zzvi Q r1 N �_' %n O O [h O O -,r .--r Ln %.D %O N V-1 N rn a N N U tN -- N O O — U (V f! ^ !- O N O C C CO .0 =to to GC V F� �3� .� C6 o o�3t O4 0 � i� y wEa� �� cIuQ� u v p. cc w .°' co cc m PUBLIC RECOGNITION Each chimp Patron will be identified on plaque mou11ted on the base of the object. In cases where there is no base, the plaque will be placed in close proximity. Each Chimp Patron will be included in the event/map/brochure and website, providing that all pertinent deadlines are met. OWNERSHIP OR CHARITABLE CONTRIBUTION After the exhibition, the chimps will be donated to the closing charity auction with net proceeds from the sale of each object benefiting the zoo, and being a tax-deductible donation for the patron. CELEBRATE THE CHIMPS/TERMS OF AGREEMENT FOR SPONSORSHIP OF THE STANDARD FIBERGLASS CHIMP FORMS: 1. Reason/content of Agreement — The Celebrate Chimps Committee intends to hold a public art exhibition in Summer 2002 under the title "Celebrate Chimps" Go Ape With Us. An International Exhibition of Chimpanzees. As a major component at least 150 of life size fiberglass Chimpanzees designed by artists/architects/photographers/graphic designers/others (hereafter refen-ed to as "Creative Agent"), will be displayed on the parkways, plazas, sidewalks and other public and private places in South Bend and Mishawaka. Signing this agreement binds the buyer (hereafter referred to as "Patron"), to the delivery, payment and display and design of the ordered chimp according to the following conditions: 2. Ownership Ownership is retained by the Potawatomi Zoological Society. Patrons receive ownership of the tax benefits of purchase of the chimp. 3. Charity Auction The chimps will be auctioned after the exhibit ends with proceeds benefiting the Potawatomi Zoological Society. The amount of net funds generated from the auction of the patron's chimp and the costs of sponsorship and creative agent design, will be considered to a donation to a 5 0 1 ( c)-3 charity as defined by the Internal Revenue Service. 4. Production The chimps are made from fiberglass. The outer surface is finished so that it can be primed and then painted or otherwise altered by the Creative Agent. The chimp object will be mounted on a ground plate during the exhibit to secure the object and assure stability. 5. Design and Painting/sculpting of the chimp The execution of the artwork will be planned and completed thorough a Creative Agent, who has signed the exhibitions Creative Agent Contract. The Patron and the Creative Agent have the freedom to design the chimp according to their own ideas; however, political, religious and obscene messages and icons are prohibited. Content that could damage the personal integrity of a third party is strictly forbidden. 6. Placement Patrons may request location; however, the Celebrate Chimps committee reserves the right to determine the final location of all Chimps. Final approval is subject to inspection by relevant city agencies. The Celebrate Chimps committee may during the event temporarily relocate the chimps. Cost of temporary relocation will be the responsibility of the Celebrate Chimps Committee. 7. Storage and Transportation The Celebrate Chimps Committee will be responsible for delivery and' pick up of the chimps. We will deliver the fiberglass form to your creative agent's place of design , and upon completion will pick up the chimp for placement. It will be the responsibility of the committee to remove the chimps after the exhibit and store them until the Charity Auction. Removal and pick up of the chimp after the auction is the responsibility of the entity that purchased the chimp at auction. 8. Copyright of Chimp Art Ownership of copyright will reside with the Creative Agent. However the Creative Agent has granted the Celebrate Chimps Committee the right to photograph and/or videotape the chimps during production and the exhibition as to use the images of the chimps for promotional, publicity or other purposes deemed appropriate. 9. Event Trademarks and Copyrights The Patron acknowledges and stipulates that "Celebrate Chimps" Go Ape With Us an International Exhibition of Chimps and any variation thereof are the trademarks and copyrights of the Celebrate Chimps Committee which intends to use said trademarks or copyrights in promotional materials and commercial sales of goods or services. The Patron fiirther acknowledges and stipulates that the Celebrate Chimps Committee has these exclusive rights, title, and interest in and to said trademarks and copyrights. 10. Liability The Celebrate Chimps Committee is not responsible for theft or damage to the Chimps during the exhibition. Liability insurance will be retained by the Celebrate Chimps Committee during the exhibition period. Liability of use is transferred to the PatronJCreative agent while chimp is in possession of Patron/Creative Agent. 11. Cancellation The Celebrate Chimps Committee reserves the right to cancel the event in case there are insufficient number of Patrons such that the cost of the event will not be covered. In case of cancellation of the event, all payments made for sponsorship will be refunded, but no additional compensation will be paid. 12. Legal Jurisdiction All legal matters pertaining to this event will be governed under the Laws of the State of Indiana and the County of St. Joseph. 13. Payment for Chimps Payment in full is required at the time of contract execution . Payment may be made by check, money order, or credit card. Checks are to Be made payable to the Potawatomi Zoological Society — Celebrate Chimps. 14. Invalid Provisions If any provision of this Agreement is deemed or held to be illegal, invalid or unenforceable, this Agreement shall be considered divisible and in all other respects this Agreement and its provisions shall remain in full force and effect. CHIiti1P PATRONS As a civic -minded patron of the arts, you can join in the fun and increase tourism to our area by buying a CHIMP and sponsoring its artist and display in the event. Private individuals, corporations, charities and organizations may purchase the chimps. (At the end of the event the chimp becomes the property of the Potawatomi Zoological Society and will be donated to the closing charity auction. The Potawatomi Zoological Society is a 501-(c) —3 charitable organization as defined by the Internal Revenue Service. Net funds generated by the sale of their chimp at auction will be considered to be the patron's tax deductible donation in addition to the initial cost of the chimp sponsorship.) An auction brochure with detailed information will be available in the near future. CHOICE OF CREATIVE AGENT Artists, architects, photographers, graphic designers and others (hereafter referred to as "Creative Agents") will be commissioned by the Celebrate Chimps committee to design and paint/sculpt/decorate the chimps. The Celebrate Chimps Committee pool will consist of local and regional artists. The pool will have applicants ranging from young and emerging to distinguished and celebrated representatives of our community. Creative Agents chosen from the Celebrate Chimps Committee pool must be paid a minimum of $500.00 by the Patron to help defray expenses incurred in fulfilling the proposal. If the Patron does not choose a design from the Celebrate Chimps Artist pool, the Patron may supply a Creative Agent and design of their own choosing. All designs must be submitted to the Celebrate Chimps Committee for approval in advance. It will be the responsibility of the Patron to negotiate a fee and pay their Creative Agent. However, all Creative agents must enter into the Creative agent contract with the Celebrate Chimps Committee. (Included with all sponsorships of proposals from the Celebrate Chimps' creative agent pool, are the costs of the decoration, local delivery and pick up from creative agent studio (see Terms of Agreement for limitations), ground plate, normal installation and deinstallation and delivery to the charity auction after the closing of the event. For all sponsorships, the costs of the identifying plaque, inclusion on the event, map/brochure and website (provided that all pertinent deadlines are met), and liability insurance are included. CHOICE AND LOCATION AND PLACEMENT The placement and installation of the chimps on ground plates will be implemented by the Celebrate Chimps Committee. Specific locations may be requested by Patrons. If a location request is not on the public right-of-way but is on private property or on a landscaped parkway, the Patron must negotiate approval with the appropriate authority and provide a contact name and telephone number. Due consideration will be given to all Patron location requests; however, exhibition management will determine the final location. CELEBRATE CHIMPS SPONSORSHIP RESERVATION FORM This form is your invoice, you will not be bdlea t, the undersigned, herewith order from the Celebrate Chimps Committee, under the Terms of Agreement included in this document, fiberglass Chimp forms to be used by a Creative Agent for participation in Celebrate Chimps and/or seek to participate in Celebrate Chimps with a non-standard sponsorship that will not utilize the fiberglass chimp form. Signature Corporate Name. Contact Person. Title: City/State/Zip Telephone: FAX. SPONSORSHIP ORDERED: SPONSORSHIP OPTIONS: GOLD S5,000.00 — Silver sponsor rights. plus Swing with Sammy Party Sammy Safari Clue Site. ONLY 10 AVAILABLE SILVER S3,500r00 —Bronze sponsor rights, plus 4 tickets to Auction Gala, advertising rights for your Chimp, installation and delivery, name on the plaque on chimp base, tax deduction of auction proceeds and chimp and artist costs. BRONZE S1,500.00 — Listing on advertising materiafs and map and website. 2 tickets to Auction Gala (Does not include Chimp mold) GOLD $5,000.00 LEVEL quantity = S SILVER $3,500.00 LEVEL quantity = S BRONZE $1500.00 LEVEL quanity = 5 PLACEMENT OF CHIMPS We request placement of our chimp in the following locations) on the public way (subject to availability, compliance with ADA guidelines, and with the approval of appropriate regulatory agencies). We intend to place the chimp on private property (to which we have rights and have made all necessary arrangements for access) for public display in a store window, lobby, plaza, etc... located at: if sponsoring chimps and providing your own Creative Agent please provide name(s) and contact information for your Creative Agent." 'All creative agents are required to enter into a contract with the Celebrate Chimps committee Creative Agent Contact Name- Title/Discipline Address City/State/Zip. Telephone. Email: Rpt BOARD OF PUBLIC WORKS INTER -OFFICE MEMORANDUM TO: Carl Littrell. Division of Engineering Chief Howard Buchanon, Fire Department Joe Markovich, Police Department Tom Bodnar, Assistant City Attorney VD"" Fozo, Building Department FROM: Angela K. Jacob, Clerk LT RE: Request for Encroachment "Celebrate Chimps" DATE: April 15, 2003 The Board of Public `Yorks has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation by April 23, 2003. You may fax your response tome at 235-9171. Thank you. REQUEST: Placement of "chimps" - See locations on attached packet LOCATION: See attached CONTACT PERSON: Marcia Qualls/5939 RECOMMENDATIONS AND COMMENTS: I'i� v� �2{ v i[ w�.,Q �l.l� , � a �n Ir r -(� ��. �+.�.� ti��t ✓iv_� �;..c e.� eta s . BY: �3 DATE: Attachment Apr 17 03 09:31a SBPD TRAFFIC (2191235-9308 BOARD OF PUBLIC WORKS INTER -OFFICE MEMORA UM TO: Carl LittrelI, Division of Engineering Chief Howard Buchanon, Fire Department LJo'eMarkovich, Police Department Torn Bodnar, Assistant City Attorney Don Fozo, Building Department FROM; Angela K. Jacob, Clerk v 6 RE: Request for Encroachment "Celebrate Chimps" DATE: April 15, 2003 The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation by April 23, 2003. You may fax your response to nee at 235-9171. Thank you. REQUEST: Placement of "chimps" - See locations on attached packet LOCATION: See attached CONTACT PERSON: Marcia Qualls/5939 REC0 MENDATIONS AND COMMENTS: D �j o •LCs B Y: Attachment DATE_ Lf ~ (7 — d 3 p.2 04124/2003 11:19 5742359305 SOUTH BEND FIRE DEPT BOA OF PUBLIC WORKS INTER-OI+'Fi E MEMORA.NDUM TO: earl Littrell, Division of Engineering LE;,' �ief Howard Buchanon, Fire Department oe Markovicb, Police Department Tom Bodnar, Assistant City Attorney Don Fozo, Building Department FROM: Angela K. Jacob, Clerk GI j� RE: )2equest for Encroachment V "Celebrate Chimps" DATE: kpril 1.5, 2003 PAGE 01 The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation by April 23, 2003. You may Fax your response to me at 235-9171. Thank you. REQUEST: Placement of "chimps" - See locations on attached packet LOCATION: See attached CONTACT PERSON: Marcia Qualls/5939 REcornMEra�aTloNs AND COMMENTS: BY: ,� �, DATE: — � 3 -O3 _ Attachment BOARD OF PUBLIC WORKS INTER -OFFICE MEMORANDUM TO: arl Littrell, Division of Engineering Chief Howard Buchanon, Fire Department Joe Markovich, Police Department Tom Bodnar, Assistant City Attorney Don Fozo, Building Department FROM: Angela K. Jacob, Clerk Of RE: Request for Encroachment V "Celebrate Chimps" DATE: April 15, 2003 The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation by April 23, 2003. You may fax your response to me at 235-9171. Thank you. REQUEST: Placement of "chimps" - See locations on attached packet LOCATION: See attached CONTACT PERSON: Marcia Qualls/5939 RECCOQMQMENDATIONS AND COMMENTS: r n BY: ad DATE: 61,916.3 Attachment : DRUID HOFFMAN FAX NO. : 574 277-3707 Cahn-Gvlde Agene JI Persooll], Cominercinl, Life, Health and Disability Insurance Ray M. Barson Direct (574) 272-50.50 rayb@hoffmaninsgrp.com 5/5/2003 AGENCY MEMO To: Marcia Qualls From: Ilay A Bxrson �nglrorrrRrrCr Grhu�+ I.1.C� May. 05 2003 04:11PM P1 - Mull - I'f 1 Itux !bri Soulli bend. IN -16624 -Grnngcr Location - 6? 10 N. Mein SI.. S-irc 18D Uranecr. IN. 0530 I-honc (Si4)272-3036 15ix (574) 277 3707 WEII www,hulTmanineErl).con1 #of Pages to follow-1 Client: potawatomi Zoological Society 1-660-12SC778A-TCT-02 Subject: Certificate of Insurance / Chimp Exhibit Dear Marcia, Here is a copy of'tile Certificate ol'Insurance that yol,l requested from the Yotawatomi Z00100cal Society. if you bane any questions concerning this information, please feel free to give me a call at 574-272- 5050. Sincerely, Ray M Batson Account Executi ve✓ Ph: 574-272-5050 Fax: 574-277-3707 U-mail: rtt b u)hul'(manins r .com Ilofl5nnn 111wallice GI-011l), I.1-C Al 'FI t.IA'CrS C Ohn-GOlden Ast'.II Y d!u — i aparyielei s Imaran(V setwe s aiv. l,ce M Itnfnrui,t Amwirifes LL('— ddisk Management Counseling FROM : DRUID HOFFMAN FAX NO. : 574 277-3727 May. 05 2003 04:11PM P2 'ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDtYY) 05/05/2003 PKnOUCER (574)282-2748 T FAX (574)288-4501 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cohn -Golden Agency div Hoffman Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Po Box 268 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 210 South Michigan St Ste-130 -w- INSURERS AFFORDING COVERAGE South Bend, IN 46624 INSURED PotawatOMi Zoological Society INSURERA Travelers P.O. Box 1764 iNSURFRa. South Bend, IN 46634 INSLIPER C: iNFURFR F COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE HFI:N ISSUFI7 TO THE INSIJRI-I] NAMFO ABOVE FOR THE POLICY PFRIOD INDICATFO NOTWITHSTANOINO ANY REQUIREMENT, I rKM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER I AIN, I HL• INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IE TERMS, EXCLUSIONS AND CONDITIONS OF . 'H POLVAI.a. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS T 1 YPF OF INSURANCE POLICY NUMBER DATE M ONY DATE DD1YY cENERA,.1.1^81I.lrY-660-125C778A-TCT-OZ 10/15/Z002 10/15/2003 i-AGHuri:IIKNI-Wh s 1 000 0001 X MM[Rr.IAL GCNERAL LIAMLITY I Min UAMAU6 (Any one IV8) S 50,00( ���r.O(:I AIMS MAOF- l "" 1 c7(-:UK MCD CXP (Airy gnu pnri ao) S 5 1,00E A I'IwIiS0NA1_& AUV INJURY _ S _ 11()00,00( - UENEHAL ACGREGA"IE S 2,000,00( 41. AGGREGATE LIMIT APPOES PER. HRL11)Ul:I S - CUMrrUI' ACG s 2 , 000 , 00( TOLiCY j lj,": 7� 1LOC AUTOMOBILE LIABILITY ANY AUY0 ALL OWNED AU I OS SCHF-r0.11 Fri Aifro,, HIRED AUTOS NON OWNCD AUTOS A G_'iARAGIi wARFLITY I ANY AUTO EXCESS LIABILITY X.1 Fu'Guk L.,-1 CrwvsMADE DEDUCTIBLE RCTCNTION i WORKERS COMPENSATION AND I:MPI,OYERS' 1-IASILITY MIN -CUP-125078A-IND-02 1 10/1S/Z002 COMBINED 91NCLE LIMIT , ([S dCClddnll NAUILY INJURY S (PH jinr_nnI UOUILY INJURY (I'm 6[Cid6[lll PROPENIY DAMAGE Irc[ acddenll AUTO O NI Y- EA ACC1111-NI —FAA[,(_ ; UIHtN THAN.._... $ AU I U ONLY. AGG EACH ULCUHHE_NCk 1,000, 10/1S/2003 AGGREGATE s 110001 S DESCRIPTION OF OPERA TIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSE MENTISPECIAL PROVISIONS IdditionaT Named Insured: Board of Public Works regarding Chimp exhibit. CERTWICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: Board of Public Works 227 W. Jefferson South Send, IN 46601 E.L. EACH ACCIDENT S C.L. DISLA;L D C ,PLOYEf? S F I • KII 11'Y I IMI I S CANCELLATION SHOULD ANY OF THE A)OVF DF6CRIRF.D POI•ICiF6 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMI'ANY MLL ENDEAVOR TO MAIL 30„ DAYS wRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NO FILE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESCNTAYIVE Ray flarson ACORA 25-S (7/97) VACORD CORPORATION 1988