Right of Entry for Construction Agreement - Allowing McCormick to Improve Property - McCormick & Company, Inc.

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McCormick ROE For Construction Agreement RIGHT OF ENTRY FOR CONSTRUCTION AGREEMENT THIS RIGHT OF ENTRY FOR CONSTRUCTION AGREEMENT ("Agreement") is entered into on April 26, 2022 (“Effective Date”), by and between City of South Bend, a municipality, by and through its Board of Public Works, 227 W. Jefferson Blvd, 13th Floor, South Bend, Indiana 46601, ("Grantor"), and McCormick & Company, Inc., 3425 W. Lathrop Drive, South Bend, Indiana 46628 ("Grantee"). WHEREAS, Grantor is the record owner of that certain real property designated as parcel identification numbers 71-03-28-476-001.000-009 and 025-1010-040301, located in St. Joseph County, Indiana (the "Property"); and WHEREAS, the Grantee is engaged primarily in the condiments, herbs, spices, flavors, and other foods business industry with the food and kindred products sector; and WHEREAS, the Grantor and Grantee entered into an arrangement under which since the mid-1970s the Grantor conducts its local manufacturing operations on the Property; and WHEREAS, the Grantee desires to construct improvements on the Property, as described and depicted on Exhibit A; and WHEREAS, Grantor is willing to allow Grantee access, over and across the Property for purposes of constructing the improvements, subject to the terms and conditions of this Agreement. NOW THEREFORE, for and in consideration of the foregoing promises and of the performance of the promises and covenants set forth herein, the parties agree as follows: 1. Grantor grants to Grantee, its officers, agents, employees and contractors, the non-exclusive right, privilege, license and authority, for ingress and egress ,over and across the Property in order to: construct an expansion and modification to the facility in order to increase processing and packaging manufacturing capabilities. (such activities collectively referred to hereinafter as the "Work"). 2. Grantee acknowledges and agrees that Grantee will be solely responsible for the protection and security of any Grantee materials, equipment, machines and vehicles located on the Property. 3. Grantee acknowledges that the use of the Right of Entry shall be done at Grantee's sole risk, cost and expense, and that Grantee shall be solely responsible for obtaining and maintaining all necessary permits, rights-of-way and approvals associated