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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
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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(
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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
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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