Specialty License Agreement - No Cost use of 1234 Eddy Street for Police Department - KRG Eddy Steets Commons, LLC

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DocuSign Envelope ID: 43241E26-3162-4B34-B85A-651EF35CC8A3 Aw AWNArw REALTY GROUP SPECIALTY LICENSE AGREEMENT This Specialty License Agreement ("Agreement") is made by and between KRG Eddy Street Commons, LLC, an Indiana limited liability company ("Licensor"), having a notice address and telephone number c/o Kite Realty Group, 30 South Meridian Street, Suite 1100, Indianapolis, Indiana 46204, (317) 577-5600, and the City of South Bend, Indiana ("City"), a governmental unit and municipal corporation, organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ("Licensee"), on behalf of its Police Department, having a notice address and telephone number at 701 Sample Street, South Bend, Indiana 46601, (574) 235-9201, to be effective ("Effective Date") as of the date signed by the last of the City and Licensor as set forth through their signatures below. WHEREAS, The Licensee may accept donations in accordance with I.C. § 36-1-4-10 and City Executive Order 1-2014, on behalf of the City for specified purposes determined to be consistent with the public interest; and WHEREAS, The Licensor is the owner of certain real property located at Eddy Street Commons ("Center"), 1234 N. Eddy Street, Suite 126, South Bend, Indiana, consisting of approximately 1,099 square feet ("Licensed Area"); and WHEREAS, The Licensee desires to establish a Police Department Sub -Station in the Licensed Area, which will serve the public interest of greater security and safety and a deterrent to crime by providing an increased police presence; and WHEREAS, The Licensor is willing to grant to the Licensee, its employees, visitors and guests, a non -transferable right and revocable permission for the temporary use and right to occupy the Licensed Area; and WHEREAS, The location of the Licensed Area is subject to the absolute and unconditional review and approval of Licensor, which guarantees no particular location at any time during the Term of this Agreement (as defined hereunder). NOW THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. (.:llcctt )attc /"I'ertri/l�eraiitted Use. The term of this Agreement ("Term") shall commence on the date Licensor delivers the Licensed Area to Licensee, or on the date of execution of this Agreement, renewable on its own every year, for a period of five (5) years, and thereafter shall expire, unless renewed by the Parties for a subsequent Term. Should termination be required prior to the expiration of the Term, expiration will occur on the date which is thirty days after written notice of termination is given by either party hereto. Licensee shall operate the Licensed Area for the sole purpose of a police substation ("Licensee Use"), and for no other purpose whatsoever. 2. Specialq License Pa meat Terms.