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HomeMy WebLinkAboutagenda item 2015 0625 rdc 06b2Department of Community Investment Memorandum June 25, 2015 TO: FROM: SUBJECT: South Bend Redevelopment Commission Brock Zeeb, Economic Resources Temporary Use Agreement -Sounds By South Bend LLC Sounds By South Bend LLC has requested approval of a Temporary Use Agreement for the top level of the Wayne Street parking garage on Friday, July 3rd, for a fireworks viewing party. The event will be open to the public and free of charge, and is expected to include a DJ, live band, catering, and service of alcoholic beverages. The City will coordinate with DTSB and users of the garage in order to limit any inconvenience on parking tenants in the garage. Staff requests approval of the Temporary Use Agreement with Sounds By South Bend. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV ITEM: 6.B.(2) LICENSE AGREEMENT FOR TEMPORARY USE OF REDEVELOPMENT COMMISSION PROP:ERTY THIS LICENSE AGREEMENT (this "Agreement") is made on Jun0_, 2015, by and between the South Bend Redevelopment CommissioD:, gdvetning body of the City of South Bend Department of Redevelopment (the "Commission"), and Sounds By South Bend L.L.C., an Indiana limited liability company with a registered office address of $15. Napoleon Street, South Bend, Indiana 46617 (the "Company')) (each a ''Party,'} and colkctively, the "Parties"). RECITALS WJIBREAS, the Commission owns certain real property and improvements located within the River West Development Area of the City of South Bend!> Indiana (the "City1'), as more particularly described iri Exhibit A attached hereto (the "Property''); and WHEREAS, the Company desires temporary access to 1he Property for the pm:pose of conducting the -~vent known as "The No .. Coast to Coast Fireworks Viewing Party" (the· "Activity'·,), as de~cribed in the proposal attached hereto as Exhibit B (the "Activity Proposal"); and - WHEREAS, the Commission is willing to peimit the Co:m.pap.y to gain access to an<;! tempol'ary usv of the Prqperty fot the Activity, subject to the teims and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants corita_ined herein and for other good and v~luable c.onsideration, the receipt and sufficiency of which are hereby acknowledged, the Partiys agree as follows: 1. ' The Commission grants to the Company, its agents, employ~es, and invite.es, a temporary, non-exclusive license to enter and us·e the Prope1iy for the purp_ose of conducting the Activity, provided th~t the Comp~ny's nse of the Prppetty is reasonable at all times and comports with the te.:pns of the Aqtivity J?i·opo$al, the teims ofthi~ Agreement, and all applicable Jaws. 2. The Company's license to use the Property for the Activity shail be effect~ve :from 8:00 p.-;m. to 11:00 p.:tn. on July 3, 2015, provided, however, that -the Commi~sion or the Comnussion's ~uthorized repres_entative m.ay revok~ 11nd te1minate the license at any time for any 1.·~asqn, as determined in itti,. his, or hel' sole discretion. The Company agrees that it will not -store any supplies, materials, goods,. or personal property of any kind on the Property except . dining the time of the license stated in the for~going ~entence. lmmediat~ly upon the coiripletfon bf the Activity, the Company will remove from the Ptoperty aU supplie~, materials, goods, and personal property (:including trash) used in connection with the Activity. - 3. The .Company understand$ and qgtees that it will sec;mre in its own name and at its own expense all ilep~ssa~y pe1mits and authorizations needed ju order· to cond11ot the Activity. The Co;ti.J.pa1iy shaU not, without the prior written consent of the Commission, cause or pennit, knowingly or un1mowingly, any hazardous material to be brought _or remain upon? kept, used, discharged, leaked, or emitted at the Property .. 4. , The Company understands and ~grees that it will, at its own expense, observe and comply with a:ll applicable statutes!! laws, ordinances, requirements; orders, mles, and rngulations of all governmental authorities in relation to the Activity conducted on th~ Property. 5, To the extent that any portion of the Property is disturbed or damaged in connection with the Company's use of the Property for the Activity, the Company, at the Company's sole expense_, ·shall restore the Property to the c.ondition that existed jmmediately prior to such disturbance or damage to the satisfaction of the Commission. 6. The Company agrees and undertakes to indemnify and hold the City and the Commission_, mid their respective agents, employees, successors, and assigns, hannless from any liability, loss, costs, damage-s or expenses, including atl;omeys' fees, which the City or the Commission may suffer. or incur as a result of any claims or :;i.ctions which may py btought by any person or entity arising out of the approval granted herein by the Commission 01· any actinn rel<;1.ted to the Actfvity. If any action is brought against the City or the Com.mission, or their respective agents, employees, -successors_, or assigns, in connection with Activity} the Company agrees to defend such action or pmceedings at its .own expense and to pay any judgment rendered therein. 7. The Company, at the Company's sole .expense, shall maintain during the term of this Agteement commercial geiiera1 liability insurance cnvering the Company and the Activity in an amount not foss than Five MiliionDollars ($5,000,00.0.00) pGr qccU11·ence, The Company agrees to include the Commission and the City as additional illsureds on any such policy and produce to the Commission a certificate of insurance evidencing the same. To the e'xtent that the-Commission or the City is hanned 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. N otwlthstanding anything in this Agi'e~ment to the contrary, n~ithyt the Commission Ml' th~ City waive any governmental immunity or liability limitations available to the.tu 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 r~spe~ctive Party to the teJ1i1~ of this Agreement. (SIGNATURE .p .AGE l!OLLO WS) IN WITNESS WHEREOF, the Parties have each .executed this Agreement to be .effective as of the date fil'st writte.n above. SOUTH BEND REDEVELOPMENT · COMMISSION By: Marcia 1. Jones, President . South Bend Redevelopment Commission ATTEST: Donald E. Inks, Secretary South Bend Redevelopment Commission SOUNDS BY SOUTH BEND L.L.C., an Indiana limited Uabil.ity comp~ny By: Dena Woods , Manager 4000.0000063 57097478.001 EXHIBIT A Description of Property T9p floor ofthe Wayne Street Parking Garage lo.dated at 121 Wayne Street, South Bend, Indiana. [Parcel Key No. 18-3003-0058] EXHIBITB Activity Proposal The Company will host an event for viewing the fireworks displays in downtown South Bend on July 3·, 2015. The event will be open to the public and free 9f charge. The Company will seek all necessary approvals to include the following in the event at the Property: a DJ, a live band, catering, and service of alcoholic beverages. r ACORD® CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DDNYYY) ~ 06/08/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTJFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTJFrCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsement(s). PRODUCER CONTACT NAME: Randy Lellaert Agency Inc r.fi8NtJo E'.xt);_(57 4 )67 4-0015 ·--I FAX 410 Lincoln Way W lAlC No\:(574)674-9582 E·MAIL ADDRESS: --.. ~ Osceola, IN 46561 INSURER{S)AFFORDING COVJ;RAGE NAIC# INSURERA:lllinois Casually Company INSURED INSURERS: Chicory Of South Bend, Inc ·-- 105 E Jefferson Blvd #103 INSURER~: South Bend, IN 46601 INSURER o: ERIE INS CO OF NY INSURER E: INSURERF: COVERAGES CERTIFJCATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSJONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNSR -· ADDL SUBR -POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER lMMIDDTYYYY! IMM/DDNYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY BP34927 03/28/2015 03/28/2016 EACH OCCURRENCE $ 1,000,000 ~ ~ CLAIMS-MADE D OCCUR DAMAGE TO RENTED f---PREMISES (Ea occurrence) $ -1,000,000 -MED EXP (Any one person) $ 2,000 PERSONAL & ADV lNJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ DPRO- Owe PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IEa accident) - ANY AUTO BODILY INJURY (Perperson) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS -AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS IPer accident\ -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ D WORKERS COMPENSATION 0877800181 3/28/2015 3/28/2016 I PER I I OTH-X STATUTE ER AND EMPLOYERS' LIABILITY YlN ANY PROPRIETOR/PARTNER/EXECUTIVE D NJA E.L. EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH} E.L. DISEASE -EA EMPLOYEE $ 100,000 ~~~Mr~iP~~ ~~gPERATIONS below EL DISEASE-POLICY LIMIT $ 500,000 A Liquor Uabity LQ1064070 05/19/2015 05/16/2016 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORP 101, Additional Remarks Schedule, may be a!tached if more space Is required) CERTIFICATE HOLDER CANCELLATION Additional Insureds SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of South Bend/ THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN Sounds by South Bend LLC ACCORDANCE WITH THE POLICY PROVISIONS. Po Box4183 South Bend, IN. 46634 AUTHORIZED REPRESENTATIVE ~ -1. ......... J..._ ~~ •-?...~ v.,-, ... .::· ,-';_{~T. t1_ ~ {'.._ I © 1988M2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of AGORO