Temporary Use Agreement - 628 W. Western Ave. Proj No. 123-046 – Housing Authority of South Bend

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CITY OF SOUTH BEND, INDIANA AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PUBLIC PROPERTY LOCATED AT 628 WEST WESTERN AVENUE THIS AGREEMENT is made effective the 13th day of August, 2024, by the City of South Bend, by and through its Board of Public Works ("BPW") and the Housing Authority of South Bend, an Indiana non-profit organization (“HASB”). RECITALS WHEREAS, in accordance with IC 36-9-6 et. al, BPW is the authorized contracting agent of the City of South Bend; and WHEREAS, HASB is the owner of certain property located at 628 West Western Avenue 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 staging construction and other related activity necessary for the successful construction at Four Winds Field located at 501 South Street, South Bend, IN which (collectively the “Activity”); and WHEREAS, HASB is willing to permit BPW and its designated contractor(s), specifically including Larson Danielson (“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. HASB 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 throughout the intended construction period.