Temporary Access Agreement - Building Access for Weather Amnesty at 510 S. Main St. – Rescue Incorporated dba Hope Ministries

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TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of October 13, 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 is the owner of certain real property, located at 510 South Main Street, South Bend, Indiana 46601 (the "Property"). B. Hope operated the weather amnesty site at the Property during the winter of 2019- 20 on behalf of the City and desires to do so during the winter of 2020-21, and the City desires that Hope perform such services again. C. Hope and the City are entering into a separate agreement for the funding of the weather amnesty program at the Property (the "Program") but Hope requires a right of access to the Property for the Program. D. The City has agreed to grant Hope a right of access to the Property on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Access to Hope. The City hereby grants to Hope a non-exclusive, temporary access right to use exterior and interior portions of the Property for the purpose of allowing Hope to engage in the Program at the Property. The parties agree that Hope will have no right under this Agreement to install improvements of any kind on the Property, or to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the City. At all times during the Program, Hope will use or cause to be used reasonable efforts to keep the Property in substantially the same order and condition as of the Effective Date (as defined below). 2. Term and Termination. This Agreement shall commence effective October 8, 2020 (the "Effective Date") and shall terminate on April 30, 2021. 3. Maintenance, Restoration, Hope will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by Hope or its invitees upon the Property. In the event Hope fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the Effective Date, the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses Hope will pay promptly upon the written demand of the City. 4. Compliance. Hope understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation