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AMENDMENT TO <br />TEMPORARY USE <br />AND LICENSE AGREEMENT <br />(Unity Gardens - 2013) <br />This Amendment to Temporary Use and License Agreement (this "Amendment'), dated <br />as of the _LZday of March, 2013, is made and entered into by and between the CITY OF <br />SOUTH BEND, DEPARTMENT OF COMMUNITY INVESTMENT, as successor in <br />interest to the City of South Bend, Department of Community and Economic Development, <br />acting by and through its South Bend Redevelopment Commission, a political subdivision of the <br />State of Indiana (the "City") and SARA STEWART ("Unity Gardens "). <br />Recitals: <br />WHEREAS, the City of South Bend, Department of Community and Economic <br />Development and Unity Gardens entered into that certain Temporary Use and License <br />Agreement (the "Agreement') dated the 13`h day of December, 2011, pursuant to the terms and <br />conditions recited therein; and <br />WHEREAS, the City of South Bend, Department of Community Investment is the <br />successor in interest to the City of South Bend, Department of Community and Economic <br />Development; and <br />WHEREAS, the City and Unity Gardens desire to amend the terns of the Agreement by <br />this Amendment; <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, and <br />other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />City and Unity Gardens agree as follows: <br />Paragraph 1. (E) is amended to read as follows: <br />E. The tern of this Agreement shall commence upon the execution of <br />Us Agreement and continue through October 31, 2013. This Agreement shall be <br />renewable for successive twelve month periods (November I through October 31) <br />through October 31, 2027, subject to the City's right to terminate this Agreement, <br />as provided herein. <br />2. Paragraph 14. Is amended to read as follows: <br />14. Removal of Garden: Survival. The Garden is and shall <br />remain the personal property of Unity Gardens. Upon the termination of this <br />Agreement, Unity Gardens shall remove the Garden from the Premises within <br />thirty (30) days after the effective date thereof. In the event that the City elects to <br />terminate this Agreement or any extension thereof, pursuant to the City's rights to <br />terminate in accordance with paragraph 13, hereinabove, the City will contribute <br />