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l ACCESS AGREEMENT FOR ENTRY UPON AND TEMPORARY USE OF PROPERTY FOR COMPLETION OF LOCAL PUBLIC IMPROVEMENTS This Access Agreement (this "Agreement") is made on December 2014, by and among the South Bend Redevelopment Commission, governing body of the South Bend 1 Department of Redevelopment ("Commission"), Walsh & Kelly, Inc., an Indiana corporation ("Contractor") and Colfax Hill Partners, LLC, an Indiana limited liability company ("Developer") (each sometimes being referred to herein as a "Party" or collectively as the "Parties"). Backgroun w A. The Commission and Developer are parties to a certain Contract for Sale of Land for Private Development dated December 12, 2013, as amended by the Amendment to Contract for Sale of Land for Private Development dated July 14, 2014 (the "Purchase Agreement"), for '1 the purchase and sale of certain property generally located at the Northwest corner of the intersection of Colfax Avenue and Hill Street in South Bend as more particularly described in the Purchase Agreement (the "Property"); B. As contemplated in the Purchase Agreement,the Commission agreed to undertake 1 certain Local Public Improvements (as defined in the Purchase Agreement) with respect to the Property; C. The Commission, through a public bid process, entered into a contract with Contractor (Job/Contract No. 113-033 (the "Job/Contract")) to perform certain of the Local Public Improvements as reflected in the Contract entered into between Commission and Contractor, including certain stormwater and drainage improvements (the "Stormwater & Drainage Work") as well as parking lot paving, striping and sidewalk work to be performed at a later date (the "Paving Work"); D. The Commission has certified that the Stormwater& Drainage Work is completed and desires to close on the sale of the Property to Developer and Developer desires to purchase the Property from Commission; E. The Parties desire to enter into this Agreement to memorialize their agreement 'a that (a) Developer is purchasing the Property subject to the agreement of Commission to complete (or to cause to be completed) the Paving Work in the future, (b) Developer agrees to '= grant the Commission and Contractor all reasonable access to the Property to complete such Paving Work, and (c) the Parties agree to coordinate, in good faith, the completion of the Paving l Work in connection with the completion of the construction of other improvements by Developer on the Property. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the Parties hereby make, declare and agree to the following covenants, easements and ;1 restrictions: ,F 1. Background. The background provisions above are incorporated into the body of R A 1g +d 5