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PARKLET ENCROACHMENT LICENSE AGREEMENT <br />The City of South Bend, Indiana (the “City), acting by and through its Board of Public Works <br />(the “Board”), and Chicory Cafe (“Licensee”), having its place of business located at 105 E. Jefferson <br />Boulevard, South Bend, Indiana 46601, enter into this Parklet Encroachment License Agreement (the <br />“Agreement”) on April 2, 2021 (“Effective Date”) under the terms and conditions set forth below. <br />WHEREAS, Licensee desires to obtain a revocable and non-exclusive license and temporary <br />right of encroachment from the City to use and occupy a portion of City rights-of-way (“ROW”) to <br />permit a parking space encroachment, referred to as a “Parklet”, for the purpose of using on-street <br />parking spaces for the service of food and beverages. <br />WHEREAS, the City is willing to grant Licensee a revocable and non-exclusive license and <br />temporary right of encroachment for such purpose, under the terms and conditions as set forth in this <br />Agreement. <br />NOW, THEREFORE, the City and Licensee agree as follows: <br />1.Premises. The City grants Licensee the right to use the ROW, as shown on the attached and <br />incorporated Exhibit A, at the premises located at (location). The City makes this grant solely to the <br />extent within the ROW depicted on Exhibit A. <br />2.Term. This Agreement shall commence on April 2, 2021 and shall expire on June 7, 2021. <br />3.City Responsibilities and Obligations: The City shall be responsible during the term of this <br />Agreement for the following: <br />a.Constructing, installing, maintaining and repairing the Parklet, consisting of the <br />facilities as described and depicted on Exhibit A, attached hereto and incorporated <br />herein by reference. <br />b.Supplying furniture for the Parklet consisting of 5 tables, 20 chairs, and 2 shade <br />umbrellas with bases which shall be placed in the Parklet area in the configuration as <br />described and depicted on Exhibit B, attached hereto and incorporated herein by <br />reference. <br />c.Installing all appropriate traffic calming and protections associated with the Parklet as <br />described and depicted on Exhibit A, attached hereto and incorporated herein by <br />reference. <br />4.Licensee Responsibilities: Licensee shall be responsible during the term of this Agreement for <br />the following: <br />a.Compliance with all applicable federal, state and local laws, including but not limited <br />to, the Americans with Disability Act (“ADA”) and the Indiana Excise Act. <br />b.Maintaining the configuration of the furniture within the Parklet area as described and <br />depicted on Exhibit B. <br />c.Securing the furniture overnight and during inclement weather, keeping it clean and in <br />good working order.