License Agreement - Temporary Use of Leighton Garage – Ava Downey dba Outside Notre Dame

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1 LICENSE AGREEMENT FOR TEMPORARY USE OF BOARD OF PUBLIC WORKS PROPERTY This License Agreement (this “Agreement”) is made on August 8, 2023 (the “Effective Date”), by and between the City of South Bend (“City”) Board of Public Works, governing body of the Department of Public Works (the “Board”), and Ava Downey d/b/a Outside Notre Dame, (“Organizer”) (each a “Party,” and collectively, the “Parties”). RECITALS WHEREAS, the Board owns certain real property and improvements located within the City of South Bend, Indiana (the “City”), as more particularly described in Exhibit A attached hereto (the “Property”); and WHEREAS, the Organizer desires temporary access to the Property for the purpose of conducting the event known as Back in the Bend Sunset Roof Party (the “Activity”), as described in the proposal attached hereto as Exhibit B (the “Activity Proposal”); and WHEREAS, the Board is willing to permit the Organizer to gain access to and temporarily use the Property for the Activity, subject to the 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. The Board grants to the Organizer, its agents, employees, and invitees, a temporary, non-exclusive license to enter and use the Property for the purpose of conducting the Activity, provided that the Organizer’s use of the Property is reasonable at all times and comports with the terms of the Activity Proposal, the terms of this Agreement, and all applicable laws. The Organizer understands that the Property is comprised of the area commonly known as the top level of the Leighton parking garage (the “Garage”) alone, and this Agreement does not permit the Organizer to use the lower floors of the Garage, or any alleys, parking lots, or sidewalks adjacent to the Property for the Activity. 2. The Organizers’ license to use the Property for the Activity shall be effective from August 25, 2023 at 12:00 a.m. to August 25, 2023 at 11:59 p.m., provided, however, that the Board or the Board’s authorized representative may revoke and terminate the license at any time for any reason, as determined in its sole discretion. The Organizer agrees that it will not store any supplies, materials, goods, or personal property of any kind on the Property or otherwise use the Property for any purposes except during the time of the license stated in the foregoing sentence. Immediately upon the completion of the Activity, the Organizer will remove from the Property all supplies, materials, goods, and personal property (including trash) used in connection with the Activity. At all times during the period of the Activity, the Organizer will keep the Property in good order and condition.