Authorization Agreement - Honeywell International Inc - Entry Authorization at Bendix Dr and Eclipse Place

Home Browse Search

CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PUBLICBOARD OF 1316 COUNTY —CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601-1830 PHONE 574/235-9251 AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT is made effective the day of June 2019 ("Effective Date"), by and between the City of South Bend, Indiana ("City") acting by and through its Board of Public Works ("Board") and Honeywell International Inc., ("Honeywell") for the purpose of performing environmental assessments and remediation of polluted sites; and WHEREAS, the care, custody, and control of City -owned property and the supervision of streets, public ways and sidewalks is vested in its Board pursuant to I.C. 36-9-6, et seq.; and WHEREAS, Honeywell has engaged a contractor, Wood Environment and Infrastructure Solutions Inc. ("Wood"), to perform an environmental assessment, and Honeywell desires that Wood have access to certain public property located within the public right-of-way at Kennedy Park near the intersection of North Bendix Drive and Eclipse Place, as set forth on the attached Figure 1 ("Property") for the purpose of drilling three (3) borings for a probe of soil and/or water samples and the installation of a monitoring well, and the City is agreeable to such additional environmental remediation activities ("Work"); and WHEREAS, the City, acting by and through the Board, is willing to permit Honeywell and/or its contractor, Wood, and their respective agents and consultants, to gain access to the Property, subject to the following terms and conditions. NOW, THEREFORE, in consideration of the foregoing recitals and 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. The City hereby grants to Honeywell and Wood and their respective 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 including drilling borings for a probe of soil and/or water samples and installation of monitoring wells. The City understands and acknowledges that the number of borings and/or monitoring wells reasonably necessary to accomplish the remediation activities may change over the term of this agreement and are further subject to direction from the Indiana Department of Environmental Management ("IDEM").