12-12-11 Council Agenda & Packet

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PARKING AND RECREATIONAL USE LICENSE AGREEMENT THIS LICENSE AGREEMENT made this—day of ______ , 2011 between YMCA of Michiana Inc., the Licensor, and Corey D. Cressy or his assigns,the Licensee. WTI'NESSETH: The Licensor agrees to permit the Licensee and its patrons,invitees, agents, and employees to park in the 36 spots on the following premises at any time: Parking lot containing 36 spaces and labeled Parcel D on the attached Exhibit A with a tax id number of 018-6014-031803 which is located in South Bend,Indiana. The Licensor agrees to permit the Licensee and its patrons,invitees, agents, and employees to park in the 97 spots on the following premises at times acceptable to Licensor: Parking lot containing 97 spaces and labeled Parcel E on the attached Exhibit A with a tax id number of 018-6014-031807 which is located in South Bend, Indiana. Licensor and Licensee agree in good faith to work toward a mutually agreeable sharing of the parking on Parcel E. The Licensee agrees to use the premises solely for the purpose of parking for patrons, invitees, agents, and employees of the adjacent property located at 1145 Northside Blvd. The Licensee agrees to permit the Licensor and its patrons, invitees, agents, and employees to use the ground labeled Parcel A on the attached Exhibit A and with a tax id number of 018-6014-031802 for outdoor recreational uses at times acceptable to Licensee. Licensor and Licensee agree in good faith to work toward a mutually agreeable sharing of Parcel A. The Licensor agrees to permit the Licensee and its patrons, invitees, agents, and employees to use the ground labeled Parcel B on the attached Exhibit A and with a tax id number of 018-6014-031808 for outdoor uses at times acceptable to Licensor. Licensor and Licensee agree in good faith to work toward a mutually agreeable sharing of Parcel B. Notwithstanding anything contained herein to the contrary, Licensee shall be permitted to add parking to Parcel A if required by municipal authorities. Licensor hereby agrees to indemnify and hold Licensee harmless from and against any liabilities, causes of action, suits, claims or expenses (including reasonable attorneys' fees) resulting from the negligence or willful misconduct of the Licensor and its patrons,invitees, agents,and employees. Licensee hereby agrees to indemnify and hold Licensor harmless from and against any liabilities, causes of action, suits, claims or expenses (including reasonable attorneys' fees) resulting from the negligence or willful misconduct of the Licensee and its patrons,invitees, agents,and employees. Licensee and Licensor shall each obtain insurance policies covering liability for incidents relating to their uses of the property and such policies shall cover the employees, agents, and invitees of the Licensee and Licensor as the case may be for any incidents which occur. This Agreement shall be effective and is contingent on the parties reaching agreement concerning an Easement Agreement which shall govern access and use of the respective parcels.