MOU for Reimbursement - American Electric Power - Reimbursement to City for Michigan St Project

Home Browse Search

MEMORANDUM OF UNDERSTANDING FOR REIMBURSEMENT This Memorandum of Understanding for Reimbursement (the "Agreement") is made and effective on Lmr S 7` 2019, by and between the City of South Bend, Indiana (the "City"), and American Electric Power Company, Inc., (hereinafter, "AEP"). WHEREAS, on or about 2016, AEP undertook a major upgrade to its underground electrical infrastructure located in downtown South Bend, Indiana (the "Project"); and WHEREAS, a portion of AEP's Project included installation of an electrical duct bank under the northbound lane of Michigan Street between Western Avenue and Colfax Street, for which AEP engaged the services of an underground utilities installation contractor; and WHEREAS, to install the electrical duct bank, AEP's contractor made an approximately three (" Y) feet long excavation in the northbound lane of Michigan Street; and WHEREAS, the City had plans to replace sections of the concrete pavement along Michigan Street as part of a City project; and WHEREAS, AEP had knowledge of the City's plans and proposed that the City perform the pavement replacement as part of the City's project, instead of AEP's contractor, with AEP reimbursing the City for the costs incurred by the City for the pavement replacement. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto intending to be legally bound hereby covenant and agree as follows: 1. AEP agrees to reimburse the City for the costs incurred by the City for the pavement replacement on Michigan Street in the location depicted in Exhibit A, incorporated herein by reference and attachment.