Temporary Access Agreement - 701 Harrison Ave. for 2 Months at NNN – Near Northwest Neighborhood, Inc.

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1 TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this “Agreement”) is made and entered into as of October 11, 2022 by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the “City”), and the Near Northwest Neighborhood, Inc. (the “NNN”) (collectively the “Parties”). RECITALS A.The City is the owner of certain real property, located at 701 Harrison Ave., South Bend, IN 46616 (the “Property”). B.The Property is currently a vacant lot. C.The NNN is constructing a new fourplex apartment building for income restricted affordable housing in the same neighborhood as the Property (the “Work”). D.The City has agreed to grant the NNN a right of access to the Property on the terms and conditions stated in this Agreement to facilitate the Work. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Grant of Access to the NNN. The City hereby grants to the NNN a non-exclusive, temporary access right to use the Property for the purpose of allowing the NNN to engage in the Work. The parties agree that the NNN will be allowed to store excavation soil on the Property on a temporary basis; however the Parties understand and agree that the soil shall not be stored on a permanent basis, and any other supplies, materials, goods, or personal property of any kind may not be stored on the Property without prior written consent of the City The Parties further agree that the NNN will have no right under this Agreement to install permanent improvements of any kind on the Property. 2.Term and Termination. This Agreement shall commence effective October 3, 2022 (the "Effective Date") and shall terminate on December 11, 2022. 3.Maintenance; Restoration. The NNN will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by the NNN or its invitees upon the Property. 4. Compliance. The NNN understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Work. 5.Ownership. The City represents and warrants that it is lawfully seized of the Property, that it has full right and power to grant the access right, and that the Property is free from all encumbrances, except any matters of record.