Temporary Access Agreement – Construction Work to Replace Fence at 1100 Wilbur St. - Board of Park Commissioners

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CITY OF SOUTH BEND, INDIANA AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PUBLIC PROPERTY LOCATED AT 1100 WILBUR STREET THIS AGREEMENT is made effective the 22nd. day of November, 2022, by the City of South Bend, by and through its Board of Park Commissioners ("BPC") and the City of South Bend, by and through its Board of Public Works (“BPW”). RECITALS WHEREAS, in accordance with IC 36-10-4 the exclusive control of all property within the City used for park purposes is vested in the City of South Bend Board of Park Commissioners (“Board”); and WHEREAS, BPC is the owner of certain property at 1100 Wilbur Street within the City of South Bend, Indiana, which property is more specifically described at Exhibit “A” attached hereto and incorporated herein (“Property”); and WHEREAS, BPW desires temporary access to the Property for the purpose of construction work to replace a fence along the border of the Property and 1408 Elwood Avenue (“Activity”); and WHEREAS, BPC is willing to permit BPW and its designated contractor(s), specifically including Ritschard Bros., Inc. (“Contractor”) access to and temporary use of the Property subject to certain terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.BPC grants to BPW, Contractor, its agents, contractors and employees, a temporary non-exclusive right on, in and across the Property for the purpose of conducting the Activity described herein. This non-exclusive right to enter upon and use the Property for said Activity shall be at all reasonable times.