Temporary Access Agreement - Conduct Surveys at Two (2) Parcels at 710 & 714 N. Harrison Ave. – Cross Communities, Inc.

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1 TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this “Agreement”) is made and entered into as of _____________, 2021 (the “Effective Date”), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the “Board”), and Cross Community, an Indiana nonprofit corporation with its principal office at 707 Sherman Avenue, South Bend, IN, 46616 (the “Company”). RECITALS A.The Board owns in fee simple certain real property located within the River West Development Area of the City of South Bend, Indiana (the “City”), located at 710 & 714 N. Harrison Ave., South Bend, IN 46616 as more particularly described in attached Exhibit A (the “Property”). B.The Company is interested in accessing the Property in order to determine whether it is a suitable location for development. C.The Company desires to obtain from the Board a right of access to the Property to allow the Company to obtain estimates for potential development purposes, and the 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, the Board and the Company, agree as follows: 1.Grant of Access to Company. The Board hereby grants to the Company a non- exclusive, temporary access right to the Property for the limited purpose of allowing the Company to enter the premises with the Company’s architect, designer, engineer, surveyor, environmental consultant, and/or construction tradespeople to determine the potential cost and suitability for the Company’s purposes of developing the Property. The parties agree that the 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 one hundred twenty (120) days and may be extended by a written amendment to this Agreement signed by both parties. The Board may terminate this Agreement at any time with or without cause by giving the Company written notice of termination, which notice shall be effective immediately. 3.Maintenance; Restoration. The Company will, at its sole expense, repair any damage to the Property made by the Company or its agents or invitees upon the Property. In the event the Company fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the date hereof, the Board may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses the Company will pay promptly upon the written demand of the Board. 4.Ownership. The 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. March 23,