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TEMPORARY USE AND LICENSE AGREEMENT (Unity Gardens) THIS AGREEMENT, dated as of the day of , 2011, is made and entered into by and between the CITY OF SOUTH BEND, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, acting by and through its South Bend Redevelopment Commission, a political subdivision of the State of Indiana (the "City ") and SARA STEWART UZELAC ( "Unity Gardens "). Recitals- WHEREAS, the City is the owner of the real estate located at the northeast corner of Ardmore Trail and Prast Boulevard, South Bend, Indiana, more particularly described and depicted in "Exhibit 1" (said property of the City being hereinafter referred to as the "Premises "), which is managed by the South Bend Redevelopment Commission; and WHEREAS, the Premises is being held by the City as part of its redevelopment efforts in the Airport Economic Development Area; and WHEREAS, Unity Gardens desires to design, construct, place and establish a community garden and related temporary structures on the Premises for the benefit of its members and the public (said garden being hereinafter referred to as the "Garden "); and WHEREAS, the City is willing to grant Unity Gardens a license to use the location shown in "Exhibit 1" for the site of the Garden until such time as the City needs the Premises for its redevelopment plans; NOW, THEREFORE, in consideration of the mutual promises contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby permits and grants to Unity Gardens, subject to all encumbrances, covenants and easements to which the City's title may be subject, the right to use and occupy the Premises described in "Exhibit 1" for its Garden, subject to the City's right to terminate this Agreement as provided herein, upon the following terms and conditions: 1. Use of the Premises; Term. A. Unity Gardens shall use the Premises only for the placement, maintenance and removal of the Garden and for no other purpose without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. Unity Gardens accepts the Premises in their current "as is" condition as suited for the placement, maintenance and removal of the Garden.