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`1 LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "Agreement") is entered into this 4 1 day of September,2014,by and between Swing-Batter-Swing,LLC,an Indiana limited liability company (the "Company") and the City of South Bend, Indiana, acting by and through its Board of Public Works (the 'Board of Public Works") (the Company and the Board of Public Works sometimes being referred to individually as a "Party" or collectively as "Parties") under the following 1 circumstances: WHEREAS, the Company entered in a Memorandum of Understanding, dated as of the 3rd day of September, 2014 (the "MOU"), with the Board of Public Works, the South Bend 1 Redevelopment Commission (the "Commission") and the City of South Bend Board of Parks Commissioners(the "Park Board"); WHEREAS, pursuant to the MOU, the Company has determined to build the Project (as such term is defined in the MOU)at its expense and desires to have the Project complete and ready for use prior to the 2015 baseball season; and ?l WHEREAS, the Park Board, the Board of Works and the Commission have agreed in the MOU to take certain actions that would permit the Company to access the property on which the Project will be constructed which is described and depicted at Exhibit A attached hereto and made a part hereof for the purpose of permitting the Company to initiate construction of the Project on or about October 1, 2014, which is in advance of when the actions necessary to dispose of the property will have been completed; 1 WHEREAS,the Park Board,the Board of Works and the Commission also have agreed in the MOU to take certain actions with respect to the Park Parcel which is described and depicted at Exhibit B attached hereto and made a part to provide access to the Company over and through the Park Parcel to the Company for the purpose of constructing the Project on the Project Parcel; and WHEREAS, in consideration of the terms and conditions set forth herein,the City, acting by and through the Board of Public Works has agreed to grant to Company(i) a license over the Project Parcel to the Company for the purpose of permitting the Company to engage in construction activities related to the construction of the Project and (ii) a license over the Park Parcel to the Company for the purpose of providing access to the Project Parcel if necessary; l NOW THEREFORE, for good and valuable consideration, the receipt and sufficient of which is hereby acknowledged,the Board of Works and the Company agree as follows: 1. The City, acting by and through the Board of Public Works, does hereby grant and convey to the Company an ongoing license and right of entry over, across, under and in (i) the E Project Parcel for the purpose of preparing the site for construction and constructing the Project and(ii)the Park Parcel to the extent required for the purpose of providing access to the Company to the Project Parcel for construction of the Project on the Project Parcel ((i) and (ii) being collectively defined as the"Right of Entry"). The City agrees to cooperate with the Company to the extent commercially reasonable to allow the Company to utilize the Project Parcel and the Park Parcel for the purposes set forth herein. The Company's Right of Entry shall terminate on the date FAShare\Legal\Wpdata\Cheryl G\Department_ParksAndRecreaction\Coveleski Stadium\Batting Cage Facility\License Agreement- s Parking_FINAL_140903.docx p N