5A2 License Agrmnt. for Temp. Use 332 W. Jefferson (Historic Hearthstone LLC) - Signed

Home Browse Search

LICENSE AGREEMENT FOR TEMPORARY USE This License Agreement for Temporary Use (this “Agreement”) is made on ____________________, 2025 (the “Effective Date”), by and between Licensor the City of South Bend, Indiana, Department of Redevelopment acting by and through its governing body, the South Bend Redevelopment Commission (the “Commission”), and Licensee Historic Hearthstone LLC, an Indiana Limited Liability Company (the “Developer”) with offices at 615 W. Colfax, South Bend, IN 46601 (each a “Party” and collectively the “Parties”). RECITALS A.As of the Effective Date of this Agreement, Historic Hearthstone LLC owns certain real property located in South Bend, Indiana, commonly known as 321 W. Wayne, and more particularly described in Exhibit A (the “Developer Property”), and has signed a Development Agreement with the Redevelopment Commission (the “Commission”) dated November 14, 2024 to redevelop the Developer Property. B.The Commission desires to allow the Developer to have temporary access to the lot directly to the north of the Developer Property that is currently owned by the Commission, located at 332 W. Jefferson Blvd., and more particularly described in Exhibit B (the “Commission Property”), for storage of a dumpster related to the use of the Property. NOW, THEREFORE, in consideration of the mutual promises and representations made in this Agreement, the legal adequacy of which are hereby acknowledged, the Developer and the Commission agree as follows: 1.Temporary License; No Lease or Easement. The Commission hereby grants to the Developer a non-exclusive, temporary license to access and use the Commission Property for the limited purpose of storing a single commercial-sized dumpster (the “License”). The Commission and the Developer mutually acknowledge and agree that this Agreement does not constitute a lease of or easement over the Commission Property. 2.Term. The initial term of this Agreement shall be five (5) years, commencing on the Effective Date of this Agreement (the “Initial Term”). At the conclusion of the Initial Term, this Agreement shall be deemed automatically renewed each year for an additional one (1) year period (an “Automatic Renewal Term”) unless the Commission or the Developer elect not to renew this Agreement. 3.Termination. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) days advance written notice of cancellation delivered in accordance with Section 12 herein. Upon receipt of the written notice of termination, which shall be presumed received three (3) business days after the same has been deposited in the United States Mail, the Developer will have thirty (30) days to vacate the Commission Property and remove any personal property therefrom, including the dumpster and any trash or other debris. 4.Permitted Use; Restrictions. The Developer may use the Commission Property for the sole purpose of storing and utilizing one commercial-sized dumpster, which dumpster shall be utilized in