First Amendment to Temporary Access Agreement - Additional Use of 510 S. Main St. – Rescue Incorporated dba Hope Ministries

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FIRST AMENDMENT TO TEMPOIZARY ACCESS AGREEMENT This First Amendment to Temporary Access Agreement (this "First Amendment") is dated October 13, 2020 (the "Execution Date") with an Effective Date of October 1, 2020, by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the "City"), and Rescue Incorporated d/b/a Hope Ministries ("Hope"), RECITALS A. The City and Hope entered into a Temporary Access Agreement dated April 21, 2020 (the "Agreement") with regard to the Property; and B. Hope had been using the outdoor courtyard area of the Property to serve meals to people experiencing homelessness who are not residing at Hope's facility, in order to abide by the social distancing and other recommendations and requirements of the St. Joseph County Department of Health; and C. As winter approaches and the recommendations and requirements of the St. Joseph County Department of Health are still in effect, Hope would like the flexibility to move its meal service indoors at the Property; and D. The City has agreed to allow Hope to use certain areas indoors at the Property solely for the purpose of meal service. 101t, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Recital B of the Agreement shall be deleted in its entirety and replaced with the following: The Property contains a fenced outdoor courtyard and a large indoor space in which, depending on the weather, Hope would like to serve meals to individuals experiencing homelessness who are not currently residing at Hope's facility, in order to respect social distancing and other guidelines required by the St. Joseph County Department of Health (the "Activity"). 2. Section 1, Grant of; Access-to.-I.JoW, shall be deleted in its entirety and replaced with the following: The City hereby grants to Hope a non-exclusive, temporary access right to use the courtyard and related interior portions (during warmer periods) or the large indoor space and related storage and preparation areas (during colder periods) of the Property for the limited purpose of allowing Hope to engage in the Activity at the Property. Hope shall not allow its invitees anywhere except the courtyard or large indoor eating area, as the case may be, and shall maintain staff to clean the area and provide security during the Activity, Hope staff may access relevant interior portions of the Property to store food and items in