#3162- Deed; ACCESS AGREEMENT Fire Station #2 - Southeast Intersection of Lincoln Way West and Dr. Martin Luther King, Jr. Drive

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ACCESS AGREEMENT THIS AGREEMENT made this 24th day of July, 2006, by South Bend Heritage Foundation, 803 Lincoln Way West, South Bend, Indiana ('Property Owner") and the City of South Bend, Indiana, by and through its Board of Public Works, County -City Building, Suite 1300, 227 W. Jefferson Boulevard, South Bend, Indiana (the "City"). RECITALS WHEREAS, Property Owner is the owner of certain real property known as the Fire Station site located at the southeast intersection of Lincoln Way West and Dr. Martin Luther King, Jr. Drive and more particularly described at Exhibit A (the "Property"), and WHEREAS, the City is considering the acquisition of the Property for constructing a new municipal fire station, Fire Station 42 (the "Project); and WHEREAS, the City requires access to the Property during the course of negotiations to acquire the Property in order to obtain fiirther information with respect to environmental conditions and other matters pertaining to the Property in order to assess its suitability for the Project; and WHEREAS, Property Owner is willing to permit the City and its respective agents and consultants to gain access to the Property subject to the following terms and conditions; 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. Property Owner grants to the City, its agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the Property for the purposes of the investigation, surveying and sampling of soils and improvements located in, and constructing the Project upon and under the Property. This non-exclusive right to enter the Property shall be at reasonable times as may be determined by agreement of the parties. The City agrees to provide Property Owner with reasonable notice before accessing the Property. 2. Confidentiality. The City and Property Owner agree that neither party nor any of their respective designees, representatives, contractors, employees or agents, successors or assigns shall disclose to any third party or publicly announce the results of any information obtained from such investigation, surveying, sampling or inspecting unless agreed to by the parties, or unless otherwise required by law. The City shall take all necessary steps to protect the confidential character of information obtained or reports and documents generated as a result of the access granted herein. The City shall provide Property Owner with the results of any sampling undertaken pursuant to the terms of this Agreement. The City shall require and cause to be executed by each of its employees, representatives, contractors and/or agents who