Temporary Access Agreement - Redevelopment Commission of SB - History Museum

Home Browse Search

TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of � 4q 41900by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the "City"), and Northern Indiana Historical Society Inc. d/b/a/ The History Museum, an Indiana non-profit corporation with its principal office at 808 W. Washington St., South Bend, IN 46601 (the "Museum"). RECITALS A. The City is the owner of certain real property, located at 910 Oliver Plow Court South Bend IN 46601 (the "Property"), as more particularly described in attached Exhibit A (the "Property"). B. The Property is the site of the Oliver Memorial Park commemorating the works of James Oliver and the Oliver Plow Company. C. The Museum desires to assist in lawn maintenance and general care of the site but requires a right of access to the Property (the "Work"). The Work specifically excludes the smokestack present on the Property. D. The City has agreed to grant the Museum a right of access to the Property on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Access to the Museum. The City hereby grants to the Museum a non- exclusive, temporary access right to use exterior and interior portions of the Property for the purpose of allowing the Museum to engage in the Work. The parties agree that the Museum will have no right under this Agreement to install improvements of any kind on the Property, or to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the City. At all times during the Work, the Museum will use or cause to be used reasonable efforts to keep the Property in substantially the same order and condition as of the Effective Date (as defined below). 2. Term and Termination. This Agreement shall commence effective May 27, 2025 (the "Effective Date") and shall terminate on May 27, 2028. 3. Maintenance; Restoration. The Museum will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by the Museum or its invitees upon the Property. In the event the Museum fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the Effective Date, the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses the Museum will pay promptly upon the written demand of the City. 4. Compliance. The Museum understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, 1