Access Agreement - Southhold LLC - Marriott Employee Parking at Century Center

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AGREEMENT FOR AUTHORIZED, LIMITED USE OF AND ENTRY UPON CENTURY: CENTER PARKING LOT BY THE EMPLOYEES OF COURTYARD BY MARIOTT THIS AGREEMENT is made effective the day of k Y i i o-r 2018, by and between the SOUTH BEND CIVIC CENTER BOARD OF MANAGERS (tM CC Board), the SOUTH BEND BOARD OF PUBLIC WORKS, and SOUTHHOLD, LLC, an Indiana corporation d/b/a Courtyard by Marriott, with its principal. office. located at 247 Dixie Way North, South Bend, IN 46637 C Southhold' ). RECITALS WHEREAS, the South Bend Redevelopment Authority ("the Authority") is the owner of a public. convention and.multi-purpose facility known as Century Center and its surrounding real estate. However, the Civil City of South Bend is .the owner of a certain portion of the parking lot adjacent to the Century Center building that is the subject of this Agreement (the Parking Lot), and.the South Bend Board of Public Works (BPW) is the City entity having control and supervision over the Parking Lot; and WHEREAS, The -CC Board supervises, manages, operates, and maintains Century Center, pursuant to an ordinance passed by the South Bend Common Council under Ind. Code §36-10-10-29; and WHEREAS, Southhold has constructed a Courtyard by Marriott hotel located at 121 Dr. Martin Luther King Jr. ;Drive ("the.. Hotel") .across the street from the Century Center facility that will enhance the marketability of Century Center, but the Hotel has very limited on -site parking, and in other nearby facilities, parking is also limited during normal workday hours; and WHEREAS, Southhold desires temporary access to the Property for the purpose of limited parking by bona fide employees of Southhold related to the use and operation of the Hotel; and WHEREAS, the CC Board and the BPW are willing to permit the access to and qualified use of the Parking Lot by bona fide employees of the Hotel 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. Grant of Parking Privilege, Commencement. Commencing as of March 1, 2018, the BPW grants to Southhold a temporary non-exclusive right on, in and across the Parking Lot for the sole purpose of parking by up to, but not more than, thirty (30) bona fide employees of Southhold at any time. This non-exclusive right to enter upon and use the Property for parking