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5A2 Access Agreement (Stoic Beverages) - Signed
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5A2 Access Agreement (Stoic Beverages) - Signed
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6/12/2025 1:16:35 PM
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6/12/2025 1:16:32 PM
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Dept of Community Investment
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LICENSE AGREEMENT FOR TEMPORARY USE <br />This License Agreement for Temporary Use (this “Agreement”) is made on <br />____________________, 2025 (the “Effective Date”), by and between Licensor, the City of South Bend, <br />Indiana, Department of Redevelopment acting by and through its governing body, the South Bend <br />Redevelopment Commission (the “Commission”), and Licensee, Stoic Beverages LLC, an Indiana <br />Limited Liability corporation (the “Developer”) with offices at 26829 County Road 52, Nappanee, IN <br />46550 (each a “Party” and collectively the “Parties”). <br />RECITALS <br />A.As of the Effective Date of this Agreement, Developer owns certain real property located <br />in South Bend, Indiana, commonly known as 410 W Wayne St, and more particularly described in Exhibit <br />A (the “Developer Property”), which is subject to a certain Real Estate Purchase Agreement with the <br />Commission dated November 25, 2024 to redevelop the Developer Property. <br />B.The Commission desires to allow the Developer to have temporary access to the lot directly <br />to the east of the Developer Property that is currently owned by the Commission, with a parcel ID of 018- <br />3012-044005 ., and more particularly described in Exhibit B (the “Commission Property”), for vehicular <br />ingress and egress by Developer and its agents, contractors, employees, and patrons related to the use of <br />the Developer Property. <br />NOW, THEREFORE, in consideration of the mutual promises and representations made in this <br />Agreement, the legal adequacy of which are hereby acknowledged, the Developer and the Commission <br />agree as follows: <br />1.Temporary License; No Lease or Easement. The Commission hereby grants to the <br />Developer a non-exclusive, temporary license to access and use the Commission Property for the limited <br />purpose of vehicular ingress and egress by Developer and its agents, contractors, employees and patrons <br />related to the use of the Developer Property (the “License”). The Commission and the Developer mutually <br />acknowledge and agree that this Agreement does not constitute a lease of or easement over the <br />Commission Property. <br />2.Term. The initial term of this Agreement shall be ten (10) years, commencing on the <br />Effective Date of this Agreement (the “Initial Term”). At the conclusion of the Initial Term, this <br />Agreement shall be deemed automatically renewed each year for an additional one (1) year period (an <br />“Automatic Renewal Term”), unless the Commission or the Developer provides notice of its intention not <br />to renew this Agreement as set forth herein. <br />3.Termination. This Agreement may be terminated by either Party, with or without cause, <br />upon one hundred twenty (120) days advance written notice of cancellation delivered in accordance with <br />Section 12 herein. Upon receipt of the written notice of termination, which shall be presumed received <br />three (3) business days after the same has been deposited in the United States Mail, the Developer will <br />have thirty (30) days to vacate the Commission Property and remove any personal property therefrom, <br />including the any trash or other debris.
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