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Lease Agreement for Temporary Use - Use City Property 924 South Bend Ave. for Approximately 1 Yr. – Brennan’s View, LLC
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Lease Agreement for Temporary Use - Use City Property 924 South Bend Ave. for Approximately 1 Yr. – Brennan’s View, LLC
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6/22/2021 3:12:56 PM
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6/22/2021 3:12:52 PM
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Board of Public Works
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Contracts
Document Date
6/22/2021
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1 <br />LICENSE AGREEMENT FOR TEMPORARY USE <br />This License Agreement For Temporary Use (this “Agreement”) is made effective June <br />22, 2021, by and between the City of South Bend, Indiana (the "City"), acting by and through its <br />Board of Public Works (the “Board”), and Brennan’s View, LLC., an Indiana limited liability <br />company with its principal office at 1130 South Bend Ave., Suite 350, South Bend, IN 46617 (the <br />“Company”) (each a “Party,” and collectively, the “Parties”). <br />RECITALS <br />A. The Board owns certain real property located in the City limits commonly known <br />as 924 South Bend Avenue, South Bend, Indiana, Parcel Key Number 018-5030-108704, and more <br />particularly described on Exhibit A and outlined on the map attached as Exhibit B (collectively, <br />the “Property”). <br />B. The Company desires temporary access to the Property for the purpose of storing <br />certain equipment and materials for use during a certain project for which it was contracted (the <br />“Equipment”). <br />C. The Board is willing to permit the Company to gain access to and temporarily use <br />the Property for the storage of the Equipment, subject to the terms and conditions set forth in this <br />Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, <br />the Parties agree as follows: <br />1. License. The Board grants to the Company a temporary, non-exclusive license to <br />enter and use the Property for the storage of the Equipment, provided that the Company’s use of <br />the Property is reasonable at all times and comports with the terms of this Agreement and all <br />applicable laws. The Company’s license is limited to use of the paved areas of the Property only. <br />2. Term and Termination. The Company’s license to use the Property shall be <br />commence on June 23, 2021 and shall terminate on July 1, 2022 (the “Term”). Upon thirty (30) <br />days’ written notice to the Company, the Board or the Board’s authorized representative may <br />revoke and terminate the license at any time for any reason, including, without limitation, to <br />accommodate future development of the Property or the surrounding area, as determined in its, <br />his, or her sole discretion. Notwithstanding the foregoing sentence, the Board or the Board’s <br />authorized representative may revoke and terminate the license without notice in the event there <br />exists any default of the Company’s obligations under this Agreement. <br />3. No Lease or Easement; Assignment. The Board represents that it is the sole owner <br />in fee simple of the Property and has the lawful right to permit the Company to use the Property <br />under this Agreement. The Parties acknowledge and intend that this Agreement will not constitute <br />a lease of or an easement over the Property, and the Company will have no right or authority to <br />convey any leasehold or other interest in the Property to any other person or entity. Except as <br />expressly provided in this Agreement, any attempt by the Company to grant or lease any interest <br />in the Property to any other person or entity will be void ab initio and of no force or effect. The
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