License Agreement for Temporary Use and Memorandum of License Agreement – Our Lady of the Road, Inc.

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LICENSE AGREEMENT FOR TEMPORARY USE This License Agreement for Temporary Use (this “Agreement”) is made effective October 26, 2021, by and between the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works (the “Board”), and Our Lady of the Road Incorporated, an Indiana non-profit corporation ("Our Lady") (each a “Party,” and collectively, the “Parties”). RECITALS A.Our Lady owns property commonly known as 744 S Main Street, South Bend, Indiana, Parcel Key Number 018-3041-156801, and more particularly described on Exhibit A and outlined on the map attached as Exhibit B (the "Property"). B.The Board owns an east-west vacated alley formerly known as Tutt Street located in the City limits that abuts the Property on the alley's north side, as outlined on the map attached as Exhibit C (the "Alley"). C.Our Lady is concerned about activities occurring in the Alley that have a negative effect on the users of the Property and would like to restrict access to the Alley in order to deter such activities. D.Our Lady, in conjunction with City staff, have conferred with the owner of the parcels abutting the Alley to the south, as well as other known users of the alley running north and south, who have no objections to the temporary closing of the Alley. E.The Board is willing to permit Our Lady to gain access to and temporarily enclose the Alley, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the Parties agree as follows: 1.Recitals. The Parties agree that the foregoing recitals are an integral part of this Agreement and are incorporated herein. 2.License. The Board grants Our Lady a temporary exclusive license to use the Alley, including the right to enclose the Alley with a fence extending only to the end of the building located on the Property, so as not to hinder north and south travel on the alley located behind the Property, provided that Our Lady's use of the Property is reasonable at all times and comports with the terms of this Agreement and all applicable laws (the "License Area"). 3.Term and Termination. Our Lady's right to use the License Area shall be commence as of the date of this Agreement and shall terminate on a date that is no sooner than December 31, 2026 (the “Term”). The Agreement shall continue after the Term until the Board provides thirty (30) days’ written notice to Our Lady to revoke and terminate this Agreement, which notice the Board may provide for any reason, including, without limitation, to accommodate the use of the Alley at the request of local property owners. Notwithstanding the foregoing or anything herein to the contrary, this Agreement shall immediately terminate without notice if the