MOU - ROW Encroachment for Mural - Early Bird Eatery, LLC

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RIGHTS OF WAY ENCROACHMENT MEMORANDUM OF UNDERSTANDING This Rights-of-Way S i g n E n c r o a c h m e n t M e m o r a n d u m o f U n d e r s t a n d i n g ( h e r e i n a f t e r the "Agreement") is made and entered into this 23 day of August 2022 (the “Effective Date”), by the City of South Bend, Indiana (the “City”), by and through its Board of Public Works (Collectively the “Licensor”) and the Early Bird Eatery, LLC (the “Early Bird”)., 117 E. Wayne Street, South Bend, Indiana, 46601 (hereinafter referred to as the “Licensee”) (each a “Party” and collectively referred to as the “Parties”). Recitals WHEREAS, the City of South Bend (the “City”), acting by and through its Board of Public Works, owns real property commonly known as the Wayne Street Parking Garage, 121 E. Wayne Street, South Bend, Indiana 46601 (“City Property”); and WHEREAS, the Licensee is one of the ground floor shops connected to the City Property; and WHEREAS, the Licensee desires to install a mural on the Wayne Street facade of the Wayne Street Garage, a portion of which will encroach onto the City Property, as depicted on Exhibit A; and WHEREAS, the City is willing to allow the Licensee to install the mural subject to compliance with the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations contained herein, and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2.Grant of License. The City hereby grants to Licensee a temporary and non-exclusive permission to install the mural, as described and depicted on Exhibit A, on the City Property and subject to the following: a.Maintenance for all portions of the mural shall be the responsibility of the Licensee. b.City recognizes that by acknowledging the use of the entire facade area of the garage in sign area calculation, future signs on the facade may be prohibited. c.If the Licensee fails to properly maintain the mural or falls into disrepair, as determined by the City, the City retains right to paint over or remove the portions of the mural which are on City Property.