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Home My WebLink Aboutagenda item 2016 0414 rdc 5-CItem: 5X LICENSE AGREEMENT FOR TEMPORARY USE OF REDEVELOPMENT COMMISSION PROPERTY This License Agreement (thus "Agreement ") is made on March _, 2016 (the "Effective Date "), by and between the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (the "Commission "), and AIDS Ministries /AIDS Assist of North Indiana, Inc., an Indiana non-profit corporation with a registered office address of 201 S. William St,, SouthBend, Indiana 46634 (the "Company ") (each a "fatty," 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 (the "Property "); and WHEREAS, the Company desires temporary access to the Property for the purpose of conducting the two 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 Commission is willing to permit the Company 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 Commission grants to the Company, its agents, employees, and invitees, a temporary, non - exclusive license to enter and use the top level of 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; the terms of this Agreement, and all applicable laws. 2. The Company's license to use the top level of the Property for the Activity shall be effective from 1:00 p.m. to 16:30 p.m. on Friday, June 17, 2016 (the "First Event"), and fiom 1:00 p.m. to 10:30 p.m, on ri•iday,-August 12, 2016 (the "Second Event "), provided, however, that the Commission or the Commission's authorized representative may revoke and terminate 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 property of any kind on the Property or otherwise use the Property for any purposes except during the times of the First Event and the Second Event stated in the foregoing sentence. 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 property (including trash) used in connection with the Activity. At all times during the period of the Activity, the Company will keep the Property in good order and condition. 3. The Company understands and agrees that the Commission shall not be liable for any loss, damage, destruction, or theft of the Company's property or any bodily harm or injury that may result from the Company's use of the Property. The Company understands and agrees that it will at all times be solely responsible for the safety and security of any propet ty the Company uses or stores on the Property. 4. 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 at the Property. S. The Company understands and agrees that it will secure in its own name and at its own expense all necessary permits and authorizations needed in order to conduct the Activity. G. 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 governmental authorities in relation to the Activity conducted on the Property. 7. The Commission reserves the right to use the Property during the terns of this Agreement for any puipose that does not substantially interfere with or obstruct the Company'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 Company's use of the Property, 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. 9. The Company agrees and undertakes to indemnify and hold the City and the Commission, and their respective agents, employees, successors, and assigns, harmless from any liability, toss, 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 the Company's use of the Property. 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. 10, The Company, at the Company's sole expense, shall maintain during the terns of this Agreement commercial general liability insurance covering the Company and the Activity in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. 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 Iimitations available to them under Indiana law. 11. Each undersigned person signing on behalf of his /her respective Patty 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. SOUTH BEND REDEVELOPMENT COMMISSION By: �. Debrah Jennings Authorized Representative (pursuant to Resolution No. 3264) RATIFIED ON , 20 —: By: Marcia 1. Jones, President South Bend Redevelopment Commission ATTEST: Donald E. Inks, Secretary South Bend Redevelopment Commission AIDS MINISTRIES /AIDS ASSIST OF NORTH INDIANA, INC., an Indiana non- profit corporation By: Leeah Hopper, Executive ProAram Director 4000.0000013 59021491.001 EXHIBIT A Description of Property Wayne Street Parldng Garage located at 121 Wayne Street, South Bend, Indiana. [Parcel Key No. 18- 3003 -0058] EXHIBIT B Activity Proposal [See attached,] AIDSt ? ,alas of Kart t Indiana, Inc. March 1, 2016 Ms. Deborah Jennings Community & Economic 17evelopment . 1200 County-City .Builduig South Bend, IN 46601 -1830 Indiana State Department of Health IiIV taro tovrdlnation Is a program o/ the Indlana State Deportment o1 Neolth Dear Ms. Jennings, Elkhart Office on behalf of AIDS Mhiistrles /AIDS Assist, I am submitting out- annual request for permission 616 S. Main Street Rom the Redevelopment Commission of South Bead to hold the Rooftop Rendezvous event on the www.aidsministries,org roof of the Wayne Street/ Joseph Sheet parking Garage during the summer of 2015. The date(s) Phone; 574 -293 -9743 we are requesting are; Fax; 574 - 294 -8673 Friday, .Tune 17 Friday, August 12 Meiling Address P.O. Box 11582 We have discussed the need for using the parldng spaces provided to School City with people at South Bend, IN 46634 the South Bend Community School Corporation and they arewilling to work with us on this Phone; 800 -388 -AIDS particular Friday. We have also talked with DTSB parking about alternative parlchag For School united Way Helps here City employees on the selected dates. They are also willing to work with us, epP8ta7UN�iY The money raised from these events assists in providing food, housing, medical equipment and care coordination for the Michinna RIVIAIDS Community. We now are serving over 400 h1 ected South Bend Office individuals and over 1,600 affooted individuals, 201 S. William Street South Benxi, IN 46601 As in the past, we will continue to provide prtvato security to patrol the garage as well as maintain Phone; 574 -234 -2870 Crowd control on the roof; We also have assistance from the South Bend 1'arlcs Department in Fax! 574-232-28.72 .cleaning up after.each event and havo always been ably to leave the garage clean after wo use it, We will continue to dialogue with the South Bend Community School Corporatiouadministration office and DTSB Parldng so that wolf of us is aware of whatthe expectations are for these events. Indiana State Department of Health IiIV taro tovrdlnation Is a program o/ the Indlana State Deportment o1 Neolth Rooftop Rendezvous is an excellent way to generate public Interest in IIIVIAIDS, a necessary Elkhart Office motivation in our edueatlon efforts, At AIDS Ministries /AIDS Assist we rely on the financial and 616 S. Main Street emlotional support of the community in or&r to meet the growing demand for HIV /AIDS services Elkhart, IN 46516 in our area. I hope you will be able to accommodate us and grant us the opportunity to continue Phone; 574 -293 -9743 these events, Fax; 574 - 294 -8673 Sincerely, I,eeatt Hopper Executive Program Director united Way Helps here Cc: DTSB Mike Szymanski, Soutlt Bond Community School Corporation epP8ta7UN�iY Indiana State Department of Health IiIV taro tovrdlnation Is a program o/ the Indlana State Deportment o1 Neolth A I r% e% t of North Indiana, Inc. March 1, 2016 Ms. Deborah Jennings Community & Economic Development 1200 County-City Building South Bend, IN 46601 -1830 ■ Dear Ms. Jennings, Elkhart Office On behalf of AIDS Ministries /AIDS Assist, I am submitting our annual request for permission South Bend Office from the Redevelopment Commission of South Bendto hold the Rooftop Rendezvous event on the www.aidsministries.org roof of the Wayne Street/ Joseph Street Parking Garage during the summer of 2016. The date(s) South Bend, IN 46601 we are requesting are: Phone: 574 - 234 -2870 Friday, June 17 Fax: 574 - 232 -2872 Friday, August 12 Mailing Address We will continue to dialogue with the South Bend Community School Corporationadministration P.O. Box 11582 We have discussed the need for using the parking spaces provided to School City with people at South Bend, IN 46634 the South Bend Community School Corporation and they arewilling to work with us on this Phone: 800 - 388 -AIDS particular Friday. We have also talked with DTSB Parking about alternative parking for School United Way Helps Here City employees on the selected dates. They are also willing to work with us. ■ The money raised from these events assists in providing food, housing, medical equipment and Elkhart Office care coordination for the Michiana HIV /AIDS Community. We now are serving over 400 infected South Bend Office individuals and over 1,600 affected individuals. 201 S. William Street in our area. I hope you will be able to accommodate us and grant us the opportunity to continue South Bend, IN 46601 As in the past, we will continue to provide private security to patrol the garage as well as maintain Phone: 574 - 234 -2870 crowd control on the roof. We also have assistance from the South Bend Parks Department in Fax: 574 - 232 -2872 cleaning up after each event and have always been able to leave the garage clean after we use it. We will continue to dialogue with the South Bend Community School Corporationadministration office and DTSB Parking so that each of us is aware of whatthe expectations are for these events. Rooftop Rendezvous is an excellent way to generate public interest in HIV /AIDS, a necessary Elkhart Office motivation in our education efforts. At AIDS Ministries /AIDS Assist we rely on the financial and 616 S. Main Street emotional support of the community in or&r to meet the growing demand for HIV /AIDS services Elkhart, IN 46516 in our area. I hope you will be able to accommodate us and grant us the opportunity to continue Phone: 574 - 293 -9743 these events. Fax: 574 - 294 -8673 Sincerely, Leeah Hopper Executive Program Director 10 United Way Helps Here Cc: DTSB Mike Szymanski, South Bend Community School Corporation OPPORTUNITY 6' Indiana State Department of Health HIV Care Coordination is a program of the Indiana state Department of Health CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDfYYYY) 3/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE 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 lieu of such endorsement(s). PRODUCER CONTACT NAME: zzl3usine8S Group Gibson Insurance Agency, Inc. PtiON o xl (800) 814 -2122 ` (FA AX JC. No (0001636 -2122 130 S Main St, Ste 400 E-MAIL ---- -_...__- --- ...... PO BOX 11177 INSURERJ§)AFFORDINGCOVERAGE ,.,..NAILS South Bend IN 46601 -0177 _ INSURERA:Evanston Ins Co INSURED INSURER s _Cincinnati Ins Co 10677 _ AIDS Ministries /AIDS Assist of North Indiana Inc INSURERc:Cincinnati Ind Co _..__. 23280 2015 William ST INSURER D: INSURER E: South Bend IN 46601 1 INSURER F: _ nn\/Cbnncc r`GDTICir A Tr_ A"19.r,1 A177 RPVIRION NI iMRPIR, 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR LTR y TYPE INS)) W D POLICYNUMBER MJDY MDIYYY MIDfYY MDYY LIMITS A COMMERCIAL GENERAL LIABILITY _...... � CLAIMS -MADE 1 ° 1 OCCUR EPPOO14799 4/1/2016 4/1/2017 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED ._..__..__ PREMISES Ea occurrence) MED EXP (Any one person) 5 10,000 PERSONAL &ADV INJURY S 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY ❑ YIECOT 11 LOG OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMPAOPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANYAU70 ALL OWNED SCHEDULED AUTOS NON -OWNED X HIRED AUTOS X AUTOS EPPOO14799 4/1/2016 4/1/2017 COMBINED SINGLELIMiT "(Ea accident) $ 1,000,000 BODILY INJURY (Per person) s BODILY INJURY (Per accident) S PROPERTY DAMAGE $ $ B X Uhl BRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPPOO14799 411/2016 4/1/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $._,______41000,000 DEO I X I RETENTIONS 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ANY PROPRIETORIPARTN6UEXECUTIVE I-"- OFFICF12IMEMBER EXCLUDED? (_J (Mandatory In NH) N es, describe under DESCRIPTION OF OPERATIONS bebw NIA EWCO231554 4/1/2016 4/1/2017 X STATUTE OERH R--.-.- E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE „EA EMPLOYE E.L. DISEASE- POLICY LIMIT I ___ - $ 100,000 $ 900,000 A Professional Liability SM905732 2/18/2016 2/18/2017 $1,000,003 Each Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached It more space Is required) City of South Bend Attn: Deborah Jennings 1200 County City Bldg South Bend, IN 46601 -1830 1♦ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ins Agency /DEBL V IytS iS -LU74 Hl.VKU I.VffMVl'tMiIVIV. MU11911t51w5uIvuu. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (2D1401) REDCVt1'�PMENT COMMISSION Reclev&Pment Commission Claims March 24, 2015 for approval 324 RIVER WEST DEVELOPMENT AREA Hull & Associates Weaver Boos Consultants RealAmerica Construction LLC South Bend Tribune R.E. Pitts &Associates, Inc. Appraisal Service, Inc. St. Joe Valley Metronet, Inc. Lawson - Fisher Associates 422 FUND WEST WASHINGTON DEVELOPMENT TIF Troyer Group Inc. 429 FUND RIVER EAST DEVELOPMENT AREA VS Engineering Sandra J. Case 430 FUND SOUTH SIDE TIF AREA #1 Mordechai Aharon DLZ Total Of Both Columns 1 h Claims Explanation of Project submitted 2,935.34'Extended General Consulting Ivy Tower LaSalle Apartments Equipment Purchase for the Advanced Centers for Cancer Care Hamilton Towing Appraisal Hamilton Towing Appraisal 9,762.00 Manufacturing Technology, Inc. 4,256.78 Consulting work, remediation at Ignition Park City Cemetery Master Plan Safe Routes to School - Perley Replacement Housing Payment - 3814 S. Michigan 765.00 Purchase of right -of -way Ireland Rd . Ireland RW Acquisition $ 17,719.12 sou .r' J 6l�� RE =?E:V 10P ENT C:c)mm IE .qC ATTEST: Items added after Agenda Distributed 11,176.00 50,867.97 62,043.97 79,763.09