6F(1) Access Agreement Douglas Road Retail Partners

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F U) ACCESS AGREEMENT THIS AGREEMENT made this day of September, 2009, by Douglas Road Retail Partners, LP (the "Property Owner ") and the City of South Bend Department of Redevelopment, by and through its Redevelopment Commission (the "City"). RECITALS WHEREAS, the Property Owner is the owner of certain real property located on the north side of Douglas Road and described as Tax Parcel No. 24 -2019- 0425.02 (the "Property "); and WHEREAS, the City requires access to the Property in order to complete paving of the access drive onto and across the Property; and WHEREAS, the Property Owner is willing to permit the City and its respective agents and consultants to gain access to the Property to complete the paving subject to the terms and conditions stated herein. NOW THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Access. The Property Owner grants to the City, its agents, contractors, employees and successors and assigns, a temporary, non - exclusive right on, in, across and over the Property for the purposes of completing the paving of the access drive to be located on the west sixty (60) feet of the Property. Access shall be limited to the West Sixty (60) feet of the Property. This non - exclusive right to enter the Property shall be at all reasonable times as determined by agreement of the parties. The City agrees to provide the Property Owner with reasonable notice before accessing the Property. 2. Termination. The rights granted under this Agreement shall terminate on the earlier of completion of the paving of the access drive on the Property by the City, or (ii) delivery of written notice from the Property Owner to the City of South Bend, Department of Law, County-City Building, Suite 1400, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. 3. Indemnification. The City agrees to defend, indemnify and hold harmless the Property Owner from and against any and all damages and claims arising from or related to the acts or omissions of the City, its agents, contractors, employees, successors and assigns, in the exercise of any privileges granted under this Agreement.