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LICENSE AGREEMENT
<br />FOR TEMPORARY USE OF CITY OWNED PROPERTIES
<br />This License Agreement (this "Agreement") is made on March 27, 2018 (the "Effective
<br />Date"), by and between the City of South Bend, by and through its Board of Public Works (the
<br />"City"), and the Near Northwest Neighborhood, Inc., (the "Licensee"), an Indiana non-profit
<br />corporation with a registered office address of 1007 Portage Avenue, South Bend, IN 46616 (each
<br />a "Party," and collectively, the "Parties").
<br />RECITALS
<br />WHEREAS, the City owns certain real Property and improvements located at 626 Allen
<br />Street, 736 N. Sherman Avenue, and 809 Harrison Avenue within the City of South Bend, Indiana,
<br />as more particularly described in Exhibit A attached hereto (the "Property or Properties"); and
<br />WHEREAS, the Licensee desires temporary access to and use of the Properties for the
<br />purpose of temporarily storing mulch and use of the Properties as storage and staging areas
<br />("Activity") for mulch to be spread on residential properties within a twelve -block (12) radius
<br />along the 500-900 blocks of Allen, Sherman, Harrison and Cottage Grove, as described in the
<br />proposal attached hereto as Exhibit B (the "Activity Proposal"); and
<br />WHEREAS, the City is willing to permit the Licensee to gain access to and temporarily
<br />use the Properties for the Activity, subject to the terms and conditions set forth in this Agreement.
<br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and
<br />for other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, the Parties agree as follows:
<br />1. The City grants to the Licensee, its agents, employees, and invitees, a temporary,
<br />non-exclusive license to enter and use the Properties for the purpose of conducting the Activity,
<br />provided that the Licensee's use of the Properties is reasonable at all times and comports with the
<br />terms of the Activity Proposal, the terms of this Agreement, and all applicable laws. The Licensee
<br />understands that this Agreement does not permit the Licensee to use the alleys, parking lots, or
<br />sidewalks adjacent to the Properties for the Activity.
<br />2. The Licensee's license to use the Properties for the Activity shall be effective from
<br />April 7, 2018 through April 21, 2018, provided, however, that the City or the City's authorized
<br />representative may revoke and terminate the license at any time for any reason, as determined in
<br />its, his, or her sole discretion. Immediately upon the completion of the Activity, the Licensee will
<br />remove from the Properties all supplies, materials, goods, and personal Properties (including trash)
<br />used in connection with the Activity. At all times during the period of the Activity, the Licensee
<br />will keep the Properties in good order and condition.
<br />3. The Licensee understands and agrees that the City shall not be liable for any loss,
<br />damage, destruction, or theft of Licensee's property or any bodily harm or injury that may result
<br />from the Licensee's use of the Properties. The Licensee understands and agrees that it will at all
<br />CLARA MCDANIELS I
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