Temporary Access Agreement – Access to City Owned Property to Complete Preliminary Work Related to Potential Development - Village to Village International, Inc.

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TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of February 25, 2020 (the "Effective Date"), by and between the City of South Bend, Indiana Board of Public Works (the "Board"), and Village to Village International, Inc., an Indiana nonprofit corporation with its registered office at I I10 Portage Avenue, South Bend, Indiana 46616 (the "Company"). RECITALS A. Board owns in fee simple certain real property located within the City of South Bend, Indiana (the "City"), comprised of five (5) lots on Harrison Street and Sherman Avenue, as more particularly described in attached Exhibit A (the "Property"). B. Company is interested in accessing the Property in order to determine whether it is a suitable location for a residential development. C. Company desires to obtain from Board a right of access to the Property to allow Company and its agents to prepare surveys, determine drainage needs, and other activities needed to determine the Property's potential for development, and Board has agreed to grant the same on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Board and Company agree as follows: 1. Grant of Access to Qom ally. Board hereby grants to Company a non-exclusive, temporary access right to the Property for the limited purpose of allowing Company to enter the premises with Company's architect, designer, engineer, and/or construction tradespeople to determine the potential cost and suitability for Company's purposes of developing the Property. The parties agree that Company will have no right under this Agreement to install improvements of any kind on the Property. 2. Term and Termination. The term of this Agreement shall be ninety (90) days and may be extended by a written amendment to this Agreement signed by both Parties. 3. Maintenance; Restorgti an. Company will, at its sole expense, repair any damage to the Property made by Company or its agents or invitees upon the Property. In the event Company fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the date hereof, Board or the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses Company will pay promptly upon the written demand of Board or the City, as the case may be. 4. Ownership. Board represents and warrants that it is lawfully seized of the Property, that it has full right and power to grant the access right, and that the Property is free from all encumbrances, except any matters of record. 1