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Special Event - Trax Music Bash - May 14, 2022 Rescheduled
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Special Event - Trax Music Bash - May 14, 2022 Rescheduled
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7/27/2021 2:54:55 PM
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7/27/2021 2:54:30 PM
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Board of Public Works
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Recommendations
Document Date
7/27/2021
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• LICENSE AGREEMENT FOR USE <br />This License Agreement For Use (this "Agreement") is made <br />on January 28, 2021, by and between the South Bend Redevelopment Commission, governing <br />body of the City of South Bend Department of Redevelopment (the "Commission"), and M & M <br />Promotions, LLC. (the "Licensee") (each a "Party," and collectively, the "Parties'). <br />RECITALS <br />A. The Commission owns certain real property and improvements located within the <br />River West Development Area of the City of South Bend, Indiana (the "City"), commonly known as <br />1010 & 1100 Prairie Ave., South Bend, IN 46601, as further described on Exhibit A (the <br />"Commission Property"). <br />B. The Licensee desires temporary access to portions of the Commission Property <br />during a ticketed public event occurring on September 18, 2021 (the "Event"). <br />C. The Commission is willing to permit the Licensee to gain access to and temporarily use <br />certain portions of the Commission Property during the Event, subject to applicable laws and the <br />terms and conditions set forth in this Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the <br />• Parties agree as follows: <br />1. License. The Commission grants to the Licensee a temporary, exclusive license to <br />enter and use the portions of the Commission Property outlined and shaded in red on Exhibit B. <br />which is attached hereto and incorporated herein by reference (the "Property"), during the Event, <br />provided that the Licensee's use of the Property is reasonable at all times and comports with the <br />terms of this Agreement and all applicable laws. The Licensee agrees that the Event layout shall be <br />substantially similar to the layout set forth on Exhibit C, which is attached hereto and <br />incorporated herein by reference. Any material changes to the layout shall be subject to review <br />and approval of the Commission. Access to and use of the unshaded portions of the Commission <br />Property is specifically denied. <br />2. Term and Termination. The Licensee's license to use the Property shall be effective at <br />12:00 a.m. on September 11, 2021 and shall terminate at 11:59 p.m. on September 25, 2021 (the <br />"Term"). <br />3. No Lease or Easement; Assimment. The Commission represents that it is the sole <br />owner in fee simple of the Property and has the lawful right to permit the Licensee to use the <br />Property under this Agreement. The Parties acknowledge and intend that this Agreement will not <br />constitute a lease of or an easement over the Property, and the Licensee will have no right or <br />authority to convey any leasehold or other interest in the Property to any other person or entity. <br />Except as expressly provided in this Agreement, any attempt by the Licensee to grant or lease any <br />interest in the to any other person or entity will be void ab initio and of no force or effect. The <br />Parties agree that neither this Agreement nor any of the Licensee's rights under this Agreement <br />0 <br />
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