Temporary Access Agreement - Susana Lagunas

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AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PUBLIC PROPERTY ��/n� THIS TEMPORARY ACCESS AGREEMENT is made effective the �� day of /0 '—'uff�t.2016, by the City of South Bend, Indiana ("City") acting through its Board of Public Works ("BPW") and Susana Lagunas, doing business as Sexy Boutique, a sole proprietorship located in Indiana ("Company"). RECITALS WHEREAS, the City is the owner of certain property and improvements located at 1302- 08 Western Avenue, South Bend, Indiana 46619 (the "Property"); and WHEREAS, the Company owns the building located at 1312 Western Avenue, South Bend, Indiana 46619 ("Business"); and WHEREAS, Company desires temporary access to the Property for the purpose of constructing a concrete sidewalk and stairway with retaining wall to connect City sidewalk to rear parking lot (the "Improvement") as described in Exhibit A attached to and incorporated herein; and WHEREAS, the BPW is willing to permit Company and its subcontractors, agents, invitees and employees access to and temporary use of the Improvement made to the Property subject to certain 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. BPW grants to the Company, its agents, subcontractors, invitees and employees temporary access to construct the temporary Improvements on the Property for the purpose of allowing access to the Business. The Company understands and acknowledges that the access described in this Agreement is temporary and that any Improvement installed or affixed to the Property related to this access is also temporary. BPW has the sole right to require Company to remove the Improvement at any time upon thirty (30) day written notice and that such removal shall be at the Company's sole expense.