Non-Exclusive License Agreement - Triangle Homeowners Assoc - Use of City of SB Burns Triangle Right of Way

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NON-EXCLUSIVE LICENSE AGREEMENT This Non -Exclusive License Agreement for the Use of Real Estate ("License") is executed to be effective January 1, 2019 ("Effective Date") between the City of South Bend, Indiana (the "City"), acting by and through it Board of Public Works (the "Board") and the Triangle Home Owners Association, Inc., an Indiana not for profit Corporation ("THOA"). The City and THOA are referred to individually as "Party" and collectively as "Parties". STATEMENT OF FACTS A. The Board is authorized under Indiana law and the City's Municipal Code to control the use of public rights -of -way within the municipal boundaries of the City. B. The THOA is duly authorized pursuant to the Declaration of Covenants and Restrictions ("Declarations") of the Triangle PUD ("Triangle") recorded in the Office of the St Joseph County, Indiana Recorder's Office on May 2012 as Document No. 1214319, to manage the use of the Triangle consistent with the terms and conditions of the Declarations. C. The Triangle consists of single family owner occupied residences which has limited Common Areas for use by Triangle residents. D. An area exists within the Triangle which is City public right-of-way, which legal description is attached hereto and made a part hereof as Exhibit "A" ("Burns Triangle"). The Bums Triangle is depicted on a diagram attached hereto and made a part hereof as Exhibit "B". E. The THOA has improved the Burns Triangle at its own expense and has sodded and cut the grass on a regular basis. These improvements make the Burns Triangle a popular place for Triangle Residents and their guests to socialize and engage in recreational activities. F. The City desires, according to the terms and conditions of this License to: (i) accept the dedication of the improvements made at the Burns Triangle by the THOA; (ii) permit Triangle residents to use the Burns Triangle, on a non-exclusive basis, for resident and THOA gatherings on a non-exclusive basis and, (iii) subject to the right of public to petition the City, consistent with its rules and regulation, to use the Burns Triangle. Based upon the mutual covenants and conditions contained in the License, the Parties agree as follows: INCORPORATION OF S'IA `I�'MENT OF FACTS. The Statement of Facts are incorporated into the operative provisions of the License as if fully set out herein.