Agreement - University of Notre Dame du Lac - Notre Dame Hydro Project at Seitz Park

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TEMPORARY LICENSE AGREEMENT FOR SITE EXAMINATION This Temporary License Agreement For Site Examination (this "Agreement") is made on November 10, 2016 (the "Effective Date"), by and among the City of South Bend Board of Public Works (the "Board), the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (the "Commission," together with the Board referred to herein as the "City"), and University of Notre Dame du Lac, an Indiana non-profit corporation with a registered office address of 203 Main Building, Notre Dame, Indiana 46556 (the "University") (each a "Party," and collectively, the "Parties"). RECITALS A. The Board and the Commission, respectively, own certain real property and improvements located within the River East Development Area of the City of South Bend, Indiana, as more particularly described in attached Exhibit A (the `Board Tract" and the "Commission Tract," which are collectively referred to as the "Property"). B. The University desires temporary access to and use of the Property to conduct (a) nine (9) soil borings in the locations labeled B-1 through B-9 in the depiction of the Property attached as Exhibit B, and (b) land survey -related field work (together, the "Examination") for purposes of pre -construction planning for the project described in the Memorandum of Understanding entered into between the University and the City of South Bend on or about June 30, 2016 (the "Project"). C. The Board and the Commission are willing to permit the University to gain access to and temporarily use the Property for the Examination, 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 Board grants to the University and its agents and contractors a temporary, non- exclusive license to enter and use the Board Tract for the purpose of conducting the Examination, provided that the University's use of the Board Tract is reasonable at all times and comports with the terms of this Agreement and all applicable laws. The Commission grants to the University and its agents and contractors a temporary, non-exclusive license to enter and use the Commission Tract for the purpose of conducting the Examination, provided that the University's use of the Commission Tract is reasonable at all times and comports with the terms of this Agreement and all applicable laws. Together, the University's license to access and use the Board Tract and the University's license to access and use the Commission Tract are referred to in this Agreement as the "License" to access and use the Property. 2. The University's License to conduct the Examination on the Property will be effective from the Effective Date of this Agreement until the earlier of (a) the date upon which the University's agents and/or contractors have completed both elements of the Examination, and (b)