License Agreement - Temporary COVID Quarantine Site for Homeless - Janki LLC dba Motel 6

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LICENSE AGREEMENT FOR TEMPORARY USE OF PRIVATE PROPERTY This License Agreement (this "Agreement") is made effective as of April 14th. 1 2020 (the "Effective Date"), by and between the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works (the "BPW"), and Janki LLC d/b/a Motel 6 - South Bend/Mishawaka (the "Owner") (each a "Party," and collectively, the "Parties"). RECITALS WHEREAS, the Owner holds title to certain real property and improvements located at 236 N Dixie Highway, South Bend, Indiana 46637 (the "Property"); and WHEREAS, the Governor of the State of Indiana (the "Governor") issued Executive Order 20-08 effective Monday, March 23, 2020 and Executive Order 20-18, effective Monday, April 6, 2020, wherein residents of the State were advised to shelter in place; and WHEREAS, the Governor also issued Executive Order 20-05, which suspends procurement rules as they apply to the acquisition of services for the City's response to the COVID- 19 emergency (the "Emergency"); and WHEREAS, as a result of the Emergency, individuals who cannot return home while awaiting test results or while recovering from COVID-19 need a place to shelter in place away from others; and WHEREAS, the City has identified the Property as a site at which such individuals may be temporarily housed during the Emergency (the "Purpose"); and WHEREAS, the City desires to use, on a temporary basis, the Property for the Purpose; and WHEREAS, the Owner is willing to permit the City to gain access to and temporarily use the Property for the Purpose, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. License to Use the Property. The Owner grants to the City, its agents, contractors, employees, and invitees, for a period of sixty (60) days commencing on the Effective Date, a temporary, exclusive license to enter and use the Property for the Purpose, provided that the City's use of the Property is reasonable at all times and comports with the terms of this Agreement and all applicable laws. The parties agree that the City shall have the right to extend this Agreement for an additional thirty (30) day period upon ten (10) days prior written notice. C, I ( Wiv