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Home My WebLink Aboutagenda item 2015 0514 rdc 06c3Department of Community Investment Memorandum Monday, May 11, 2015 TO: FROM: SUBJECT: Redevelopment Commission Brock Zeeb, DCI Temporary Use Agreement AIDS Ministries has requested Commission approval of a temporary use agreement for the top level of the Wayne St. parking garage on Friday, June 19th and Friday, August 14. Staff has previously provided temporary use of the top level of the Wayne St. Parking Garage. The City will coordinate with DTSB and South Bend School Corporation in order to limit any inconvenience on parking tenants in the garage. Staff asks for approval of the temporary use agreement. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTH BEN DIN.GOV ITEM: 6.C.(3) 02/10/2015 14:12 5742322872 AM AA PAGE 02/02 www.aldsmlnl.strles.org • Malling Address P.O. Box l:l.582 South Bend, IN 46634 Ph one: ·800-3 88-AIDS • South Bend Office 20l. s. William Street South aend, IN 4660l Phone: '5 74-/.34w2870 Fax: 574-23Ak2B72 • Elkhart Office 616 s. Main Street Elkhart, IN 46516 Phone: 574-29.3-9743 Fax: 574·294~8673 J.arnMty 26, 2015 Ma. Deborah Jemdngs Com munlty & Economic Development 1200 County~c;.ty Building South Bend, IN 46601-1830 Dear Ms. Jennin~s, On behalf of AIDS MJn.istties/ A ms Assist1 I am submitting our nm1mil req.u.est for pennis~io.a f.ro:ro tho Red.evelqpment Commission of South Bend to hold the Rooftop Rendezvous eveut on the roof of the Wayne StrectJ .Joseph Street J?arking Gmnge during the suro.mer of 2015, The dato(s) we are requosting are: Fridi~y ~ Ju.0.0 19 Friday, Augu~ ·\ '-/ We have discussed the need f.nr using the paddng spaces provided to School City with people at the ~iouth Bend Conunun.i.ty School Corporntion. and they arcwilling to worl< with 'lls on this p~nticul::ir Friday. We have nlso talked with DT.SB Parking about altemat]ve parking for School City eroployoes on the seteoted daros. They are a1$o willing to work with LJS. The n:10.ney raised fl'om these even.ts assists iu providing food, housh1~, medical oquipment and care coordination for. toe MJohl.ana HIV/AIDS Community, We now are serving over 400 irifected indiv.iduuls flnd ove.r 1,600 affected individuals. As :in the pastl we wm cou.tinue to provide private security to' patrol the garage as won ElS mah1tAin crowd control o.n tho i·oof, We also have asslstfmce from tl;l.0 South Bend Parks Department in cloru1ing up after ea.oh evont and .have always been able to leave the garage clean flfl:er we t\so it. We will oo.u.Unuo to dialogue wjtu the South Bend Com.rnuojf:y School Corporati.onadminlstratioll o;fflco and DTS:S :Parldng so that each ofus is aware of what the expectations are for these events. Ro()ftop Rendezvous Is an excellent way to ge.norate public interest /.o. HIV/AIDS, a necessary mot.iva.tlon ln our education efforts, At AIDS Ministries/AIDS Assist we .r0ly on the fmancJ.al and emotional suppmt of the commtmlty in OJ'cer to meet the growing demand fot mv /AIDS services Jn ot1r ~rea. 1 bope you will be able to aocommoda.te us aud grat.lt us the oppo1tu.1lity to continue th.es1} events. Sine.orcly, d~~~ United Wa.v Helps Hetro ~11-1. OPP0l\1'UNTY & Indiana State 9 De12artr.nent of Health /f/V CllM r.nord111orfa11 Is a pr~(lrom ~J l/111 /~dl11na srari: Oapartmcnf nf /-Ina/th f,..ee1~h Hopper Exe<:ut\ve Program Director Cc: Cathy Djetz1 .DTSB Mike Szy:mauskf, South Bend Comm.u.nity School Corporation I f f I l ~ f I ~ t l i ! f ! LICENSE AGREEMENT FOR TEMPORARY USE OF REDEVELOPMENT COMMISSION PROPERTY THIS LICENSE AGREEMENT (this "Agreement") is made on May 14, 2015, by and between the South Bend Redevelopment Commission, governing body of the City of South Bend Depmtment of Redevelopment (the "Commission"), and AIDS Ministries/ AIDS Assist of North Indiana, Inc., an Indiana non-profit corporation with its office at 201 S. William St., South Bend, Indiana 46634 (the ''Company'') (each a "Party," and collectively, the "Parties"). RECITALS WHEREAS, the Commission owns certain real property and improvements located within the River West Development Area of the City of South Bend, Indiana (the "City"), as more particularly described in Exhibit A attached hereto and incorporated herein (the "Properti'); and WHEREAS, the Company desires temporary access to the Property for the purpose of conducting the events known as the "AIDS Ministries/AIDS Assist Rooftop Rendezvous" (the "Activity"), as described in the proposal attached hereto as Exhibit B (the "Activity Proposal''); and WHEREAS, the Conunission is willing to permit the Company and its agents to gain access to and temporary use of 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 Paiiies agree as follows: 1. The Commission grants to the Company, 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 Company's use of the Property is reasonable at all times and comports with the terms of the Activity Proposal. 2. In consideration for the Company's license to use the Property for the Activity, the Company hereby agrees and undertakes to indemnify and hold the City and the Commission, and their respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City or the Commission 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 Commission or any action related to the Activity. If any action is brought against the City or the Commission, or their respective agents, employees, successors, or assigns, in connection with Activity, the Company agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 3. The Company's license to use the Prope1ty for the Activity shall be effective from 1:00 p.m. to 10:30 p.m. on Friday, .Tune 19, 2015 (the "First Event"), and from 1 :00 p.m. to 1 10:30 p.m. on Friday, August 14, 2015 (the "Second Event"), provided, however, that the Commission or the Commission's authorized representative may revoke and tenninate the license at any time for any reason, as determined in its, his, or her sole discretion. The Company agrees that it will not store any supplies, materials, goods, or personal prope11y of any kind on the Property between the end of the First Event and the beginning of the Second Event. Immediately upon the completion of the First Event and the Second Event, respectively) the Company will remove from the Property all supplies, materials, goods, and personal prope11y .(including trash) used in connection with the Activity. 4. To the extent that any portion of the Property is disturbed or damaged in connection with the Company's use of the Prope11y for the Activity, the Company, at the Company's sole expense, shall restore the Property to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the Commission. 5. The Company understands and agrees that it will secure in its own name and at its own expense all necessary pe1111its and authorizations needed in order to conduct the Activity. The Company shall not, without the prior written consent of the Commission, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Property. 6. The Company understands and agrees that it will, at its own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all govemmental authorities in relation to the Activity conducted on the Property. 7. The Company, at the Company's sole expense, shall maintain during the term of ·this Agreement commercial general liability insurance on the Property covering the Company and the Activity in an amount not less than Five Million Dollars ($5,000,000.00) per occuffence. The Company agrees to include the Commission and the City as additional insureds on any such policy and produce to the Commission a certificate of insurance evidencing the same. To the extent that the Commission or the City is harmed as a result of the Company's use of the Property, the Company hereby grants the Commission first priority on any proceeds received from the Company's insurance. Notwithstanding anything in this Agreement to the contrary, neither the Commission nor the City waive any governmental immunity or liability limitations available to them under Indiana law. 8. 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 tenns of this Agreement. (SIGNATURE PAGE FOLLOWS) 2 IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above. SOUTH BEND REDEVELOPMENT COMMISSION By: Marcia I. Jones, President AITEST: Donald E. Inks, Secretary AIDS MINISTRIES/ AIDS ASSIST OF NORTH INDIANA, INC., an Indiana non-profit corporation By:. Leeah Hopper, Executive Program Director 3 EXHIBIT A Description of Property Top floor of the Wayne Street Parking Garage located at 121 Wayne Street, South Bend, Indiana. [Parcel Key No. 18-3003-0058] 4000.0000046 5303307 4.003 EXHIBIT B Event Proposal