Right of Entry for Demo Agreement - 1000 W. Sample St. Proj No. 123-014

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RIGHT OF ENTRY FOR DEMOLITIONAGREEMENT THIS RIGHT OF ENTRY FORDEMOLITION AGREEMENT ("Agreement") is enteredintoon January 23, 2024(“EffectiveDate”),by and between Shark Investments, LLC a limited liability corporation, P.O. Box 11664, South Bend, Indiana 46634, ("Grantor"), and City of South Bend, a municipality, by and through its Board of Public Works, 227 W. Jefferson Blvd, 13th Floor, South Bend, Indiana 46601 ("Grantee"). WHEREAS,Grantoris therecordowner of thatcertain real property designated as parcel identification number 71-08-14-126-009.000-026, located at 1008 West Sample Street, South Bend, Indiana (the "Property"); and WHEREAS,the Grantee is pursuing demolition of the adjacent building at 1000 West Sample Street (the former Fun F/X building) through Indiana’s Unsafe Building Law; and WHEREAS, theGranteerequires access to the Property to ensure a safe and controlled demolition of the former Fun F/X building as described and depicted on Exhibit A; and WHEREAS,Grantor is willing to allow Grantee access, over and across the Property for purposes of demolishing the former Fun F/X building, subject to the terms and conditions of this Agreement. NOWTHEREFORE,forand inconsideration oftheforegoing promises and of the performance of the promises and covenants set forth herein, the parties agree as follows: 1. Grantor grants to Grantee, its officers, agents, employees and contractors, the non-exclusive right, privilege, license and authority, for ingress and egress, over and across the Property in order to: demolish the former Fun F/X building under Indiana’s Unsafe Building Law. (such activities collectively referred to hereinafter as the "Work"). 2. Grantee acknowledges and agrees that Grantee will be solely responsible for the protection and security of any Grantee materials, equipment, machines and vehicles located on the Property. 3. Grantee acknowledges that the use of the Right of Entry shall be done at Grantee's sole risk, cost and expense, and that Grantee shall be solely responsible for obtaining and maintaining all necessary permits, rights-of-way and approvals associated