Temporary Access Agreement - Use of Paved Area for Meal Provision During COVID for Hope Ministries

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TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of �_t l V , 2020, by and between the City of South Bend, Indiana, acting by and tluough its Board of Public Works (collectively, the "City"), and Rescue Incorporated d/b/a Hope Ministries ("Hope"). RECITALS A. The City is the owner of certain real property, located at 510 South Main Street, South Bend, Indiana 46601 (the "Property"). B. The Property contains a fenced outdoor courtyard in which Hope would like to serve meals to homeless individuals who are not currently residing at Hope's facility, in order to respect social distancing and other guidelines required by the St. Joseph County Department of Health (the "Activity"). C. Hope currently operates the weather amnesty site at the Property on behalf of the City and is familiar with the Property. D. Hope desires to obtain from the City a right of access to the Property for the Activity, and the City has agreed to grant the same on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: L Grant of Access to Hope. The City hereby grants to Hope a non-exclusive, temporary access right to use the courtyard and related interior portions of the Property for the limited purpose of allowing Hope to engage in the Activity at the Property. Hope shall not allow its invitees anywhere except the courtyard and shall maintain staff to clean the area and provide security during the Activity. Hope staff may access relevant interior portions of the Property to store food and items in order to allow the successful completion of the Activity. Additionally, Hope staff may access the facility's restrooms. The parties further agree that Hope will have no right under this Agreement to install improvements of any kind on the Property, or to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the City. The City may, depending on availability, provide a canopy, tables, and chairs (the "Equipment") for use by Hope. The Equipment shall be used and stored in accordance with directions provided in writing from the City. After each performance of the Activity, Hope will remove or cause to be removed from the Property all supplies, materials, goods, and personal property (including trash) used by it or its invitees in connection with the Activity. At all times during the period of the Activity, Hope will use or cause to be used reasonable efforts to keep the Property in substantially the same order and condition as of the Effective Date (as defined below). 2. Term and Termination. This Agreement shall commence effective April 20, 2020 (the "Effective Date") and shall continue until such time as either (a) the social distancing and