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

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other guidelines provided by the St. Joseph County Department of Health are no longer in effect, (b) Hope no longer engages in the Activity, (c) Hope no longer desires to engage in the Activity at the Property, or (d) the City provides Hope with a written notice of termination. 3. Maintenance-, Restoration. Hope will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by Hope or its invitees upon the Property. In the event Hope fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the Effective Date, the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses Hope will pay promptly upon the written demand of the City. 4. Compliance. Hope 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 Activity. Further, Hope shall not discriminate against any person seeking to participate in the Activity, nor will it use any portion of the Property to advance or facilitate its religious activities or the religious activities of any other organization. 5. Ownership. The City represents and warrants that it is lawfully seized of the Property, that it has full right and power to grant the access right, and that the Property is free from all encumbrances, except any matters of record. 6. Hazardous Materials. Hope shall not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted upon the Property. 7. Indemnification. Hope understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of Hope's property or the property of Hope's invitees, or any bodily harm or injury that may result from Hope's use of the Property. Hope understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property Hope or its invitees use in connection with the Activity while on the Property. Hope shall indemnify, defend, and hold the City harmless from and against any and all claims resulting from damage to any property upon the Property or injury to any person upon the Property and to pay any judgment rendered therein. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 8. Insurance. Hope will maintain commercial general liability insurance coverage in the minimum amount of at least $1,000,000 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, Hope will produce to the City a certificate of insurance evidencing the same. 9. Reservation of Rights. The City reserves for itself the free use of the Property in any maimer not inconsistent with the terms of this Agreement. 2