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Home My WebLink About5A2 License Agrmnt. for Temp. Use 332 W. Jefferson (Historic Hearthstone LLC) - SignedSouth Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item D ATE : 5/12/25 FROM: Erin Michaels – Property Development Manager SUBJECT: License Agreement for Temporary Use – 332 W JEFFERSON BLVD Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approval of Proposed License Agreement for Temporary Use of 332 W Jefferson by adjacent property owner, Historic Hearthstone LLC. SPECIFICS: The proposed License Agreement for Temporary Use would permit the adjacent property owner, Historic Hearthstone LLC to store one commercial-sized dumpster on the parcel located at 332 W Jefferson that is currently owned by the Redevelopment Commission. The Redevelopment Commission previously approved a Development Agreement for Historic Hearthstone LLC for the renovation of the neighboring property at 321 W Wayne. The proposed License Agreement will further aid in the redevelopment of a long-underutilized structure. The term for the proposed License Agreement is for five (5) years commencing from the effective date of this agreement and can be terminated by either party with thirty (30) days notice. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION May 22, 2025  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 connection with the operation of the Developer Property (the “Use”). The Developer 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, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Use. The Developer shall further be responsible for any costs associated with the Use, including procuring, maintaining, or dumping the dumpster, and will ensure that the dumpster is placed in a location on the Commission Property that will not disrupt Commission operations. The Developer understands and agrees that it is fully responsible for the Use, and represents and warrants that the Use will not result in any hazardous materials, knowingly or unknowingly, entering any portion of the Commission Property. For purpose of this Agreement, “hazardous materials” shall mean any waste which is listed, has the characteristics of, or is otherwise identified as a hazardous waste or subject waste under applicable state or federal laws or regulations. The Developer further agrees that it may not construct or install any permanent improvement of any kind or description on the Commission Property without the Commission’s prior consent in writing. 5.Restoration. In the event the Developer (or any of the Developer’s licensees or invitees) disturbs or damages any part of the Commission Property, the Developer will promptly restore such area(s) to substantially the same condition that existed immediately prior to such disturbance or damage, to the Commission’s satisfaction. 6.Security. The Developer understands and agrees that the Commission shall not be liable for any loss, damage, destruction, or theft of any of the Developer’s personal property, or any bodily harm or injury that may result from the Developer’s use of the Commission Property. 7.Indemnification. The Developer will indemnify and hold the Commission (and its officials, boards, employees, agents, and contractors) harmless from and against any and all claims, costs, damages, and liabilities of any kind resulting from damage or injury to any person or property upon the Commission Property, the Developer’s use of the Commission Property under the License, or otherwise in connection with this Agreement. If any action is brought against the Commission (or its officials, boards, employees, agents, or contractors) in connection with the Developer’s use of the Commission Property, the Developer agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 8. Insurance. The Developer will maintain commercial general liability insurance coverage in the minimum amount of at least One Million Dollars ($1,000,000.00) per occurrence and will designate the City as an additional named insured under any such policy of insurance. Promptly following the Effective Date of this Agreement, the Developer will produce to the City a certificate of insurance evidencing the same. 9.Reservation of Rights. The Commission reserves for itself the free use of the Commission Property in any manner that does not substantially interfere with or obstruct the Developer’s license under this Agreement. 10.Interpretation; Governing Law. Both Parties having participated fully and equally in the negotiation and preparation of this Agreement, this Agreement will not be more strictly construed, nor will any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement will be governed and construed in accordance with the laws of the State of Indiana. 11. Assignment. The Developer may not assign this Agreement or the License granted herein to any other person or party without the Commission’s prior written consent. Any attempt by the Developer to assign or otherwise convey any interest in this Agreement will be void and of no force or effect unless the Developer first obtains the Commission’s written consent. 12.Notices. Any notices required under this Agreement may be provided (a) by hand-delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each Party’s respective address and the representatives stated below. Commission: Executive Director City of South Bend, Indiana 1400 S. County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 With a copy to: South Bend Legal Department 1200 S County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel Developer: Historic Hearthstone LLC 615 W. Colfax Ave South Bend, IN 46601 Attn: Regina Emberton r.emberton@outlook.com Either Party may change its address for notice hereunder by notice to the other Party given as set forth herein. 13.Entire Agreement; Amendment. This Agreement embodies the entire agreement between the Commission and the Developer related to the Developer’s future use of the Commission Property and supersedes all prior discussions, understandings, or agreements, whether written or oral, between the Commission (or any representative of the Commission) and the Developer concerning the same. This Agreement may be amended only by separate writing, signed by the Commission and the Developer. 14.Waiver. Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver. 15.Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 16.Authority; Counterparts; Signatures. Each undersigned person certifies that he or she is duly authorized to bind his or her respective Party to the terms of this Agreement. This Agreement may be separately executed in counterparts by the Commission and the Developer, and the same, when taken together, will be regarded as one original agreement. Electronically transmitted signatures will be regarded as original signatures. SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the parties have signed this License Agreement for Temporary Use to be effective as of the Effective Date. LICENSOR: SOUTH BEND REDEVELOPMENT COMMISSION ______________________________ Troy Warner, President ATTEST: ______________________________ Eli Wax, Secretary LICENSEE: Historic Hearthstone LLC, a Limited Liability Company By: Regina Emberton, Manager EXHIBIT A Description of Developer Property Parcel No. 71-08-11-283-016.000-026 Tax ID: 018-3011-0402 Legal Description: 68.6 FT E SIDE LOT 4 JOHNSONS 2 AC SUB Commonly Known As: 321 W Wayne EXHIBIT B Description of Commission Property Parcel No. 71-08-11-283-011.000-026 Tax ID: 018-3011-0398 Legal Description: LOT 2 JOHNSONS 2 AC SUB Commonly Known As: 332 W Jefferson Blvd