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License Agreement - Temporary Use of Leighton Garage – Ava Downey dba Outside Notre Dame
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License Agreement - Temporary Use of Leighton Garage – Ava Downey dba Outside Notre Dame
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4/23/2024 3:21:44 PM
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4/23/2024 3:21:42 PM
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Board of Public Works
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Contracts
Document Date
4/23/2024
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1 <br />LICENSE AGREEMENT <br />FOR TEMPORARY USE OF BOARD OF PUBLIC WORKS PROPERTY <br />This License Agreement (this “Agreement”) is made on , 2024 <br />(the “Effective Date”), by and between the City of South Bend (“City”) acting through its Board <br />of Public Works (“BPW”) and Desi Technologies, Inc., (“Organizer”) (each a “Party,” and <br />collectively, the “Parties”). <br />RECITALS <br />WHEREAS, BPW owns certain real property and improvements located within the City, <br />as more particularly described in Exhibit A attached hereto (the “Property”); and <br />WHEREAS, the Organizer desires temporary access to the Property for the purpose of <br />conducting the event known as Rooftop House Volume I (the “Activity”), as described in the <br />proposal attached hereto as Exhibit B (the “Activity Proposal”); and <br />WHEREAS, the BPW is willing to permit the Organizer to gain access to and temporarily <br />use the Property for the Activity, subject to the terms and conditions set forth in this Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and for <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Parties agree as follows: <br />1. The Board grants to the Organizer, its agents, employees, and invitees, a temporary, <br />non-exclusive license to enter and use the Property for the purpose of conducting the Activity, <br />provided that the Organizer’s use of the Property is reasonable at all times and comports with the <br />terms of the Activity Proposal, the terms of this Agreement, and all applicable laws. The Organizer <br />understands that the Property is comprised of the area commonly known as the top level of the <br />Main and Colfax parking garage (the “Garage”) alone, and this Agreement does not permit the <br />Organizer to use the lower floors of the Garage, or any alleys, parking lots, or sidewalks adjacent <br />to the Property for the Activity. <br />2. The Organizers’ license to use the Property for the Activity shall be effective from <br />May 2, 2024 at 12:00 a.m. to May 2, 2024 at 11:59 p.m., provided, however, that the City or the <br />City’s authorized representative may revoke and terminate the license at any time for any reason, <br />as determined in its sole discretion. The Organizer agrees that it will not store any supplies, <br />materials, goods, or personal property of any kind on the Property or otherwise use the Property <br />for any purposes except during the time of the license stated in the foregoing sentence. <br />Immediately upon the completion of the Activity, the Organizer will remove from the Property all <br />supplies, materials, goods, and personal property (including trash) used in connection with the <br />Activity. At all times during the period of the Activity, the Organizer will keep the Property in <br />good order and condition. <br />3. The Organizer understands and agrees that the City and the BPW, or any of its <br />designees or representatives shall not be liable for any loss, damage, destruction, or theft of the <br />Organizer’s property or any bodily harm or injury that may result from the Organizer’s use of the <br />DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F <br />4/15/2024
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