License Agreement for Temp. Use - Gardening Purposes 630 & 632 Harrison

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LICENSE AGREEMENT FOR TEMPORARY USE This License Agreement for Temporary Use (this "Agreement") is made on June 27, 2023 (the "Effective Date"), by and between the City of South Bend (the "City"), acting by and through its Board of Public Works (the "Board"), and Sunchoke Farms, LLC, an Indiana limited liability company (the "Grantee") (each a "Party" and collectively the "Parties"). RECITALS A. The City, through its Board, owns in fee simple certain real property located at 630 & 632 Harrison Avenue within the corporate boundaries of the City, as more particularly described in attached Exhibit A (the "Property"). B. The Grantee wishes to use the Property for gardening purposes. C. On May 22 2023, by Ordinance No. 10931-23 the South Bend Common Council approved a use variance for Urban Agriculture for the Property. D. Upon the Grantee's request and in the interest of supporting thriving and well - maintained neighborhoods, the City desires to allow the Grantee to use the Property temporarily in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and representations made in this Agreement, the legal adequacy of which are hereby acknowledged, the Board and the Grantee, agree as follows: 1. Temporary License. The Board hereby grants to the Grantee a non-exclusive, temporary license to access and use the Property for the limited purpose of planting, maintaining, and/or harvesting a garden, subject to the terms and limitations set forth in this Agreement (the "License"). 2. Term. This Agreement will be in effect from the Effective Date of this Agreement through December 31, 2028, unless otherwise terminated as set forth herein. 3. Termination. The Board, or its agent, may revoke and terminate the License immediately at any time and for any or no reason, upon written notice to the Grantee by an authorized representative of the City delivered to the Grantee at the address stated above. Upon receipt of the written notice of termination, which shall be presumed three (3) business days after the same has been deposited in the United States Mail, the Grantee will have one hundred and eighty (180) days to vacate the Property and remove all personal property therefrom. 4. Grantee's Representations. The Grantee represents and warrants to the City that (a) the Grantee is current on all real property tax obligations, with respect to any real property in the City owned by the Grantee; (b) the Grantee is not subject to any enforcement action with respect to building, code enforcement, or zoning violations of any kind with respect to any real property in the City owned by the Grantee; (c) the Grantee intends to continue to use the Property for the sole purpose of planting, maintaining, and harvesting a garden. This Agreement will be subject to immediate termination pursuant to Section 3 above in the event that any of the Grantee's