Consent to Access Public Right-of-Way Agreement - Enter Property at Biosolids Lagoon No. 4 - St. Joe County Board of Commisssions

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DocuSign Envelope ID: 423FBBFF-58OA-4FB2-89B2-BBF9C23EFCEC I CONSENT TO ACCESS PUBLIC RIGHT -OF" -WAY LICENSE AGREEMENT' THIS LICENSE AGREEMENT ("License Agreement"), is entered into this day of , 2020 by and between ST, JOSEPH COUNTY, INDIANA BOARD OF COMMISSIONERS ("Owner") and The City ofS©uth Bend (City. Owner grants to the C1dY a right to enter upon property of Owner, said property as shown on attached Figure 1, in order to conduct: an environmental assessment, This License Agreement is made subject to the conditions set forth below; 1. GRANT OF _LICENSE Owner grants to the Cka license to enter upon the property, whose location and address is depicted on attached Figure 1, for the purpose described as follows; • Collect soil and groundwater samples utilizing drill rig or equivalent methods • install and sample groundwater monitor wells as needed to determine groundwater conditions. • Install and abandonment of temporary soil gas sampling points 2. TERM OF LICENSE AGREEMENT The license herein granted shall be effective on the date first above written and shall continue in effect until the earliest of the following events: 2.1 The date by which the Qt completes its assessments, or 2,2 Sixty days after the Indiana Department of Environmental Management approves the removal of monitoring well(s) and well(s) is properly abandoned at the conclusion of the project. -- - --- ---_- 3, TERMINATION=-- This -License -Agreement-shall _ terminate and -the QY fights __shall --=- - --- --_ -_ cease upon the expiration of the terms of this License Agreement as set forth in Paragraph 2, On or before the termination, the CV.shall enter said property and remove any and all equipment installed or otherwise used on the property and shall restore the property to the condition in which it existed prior to the signing of this License Agreement. 4. INDEMNITY the go, will indemnify and hold harmless Owner from all actions, claims, demands, liabilities, and damages which may be imposed on or incurred by Owner as consequence of any act or omission on the part of the City in the exercise of its rights under this License Agreement. Owner will not incur any expense for the any liability of responsibility to the�X for any cos s associa e wt e install-ation and monitoring of the well(s) including adequate maintenance of traffic during installation or monitoring activities, } i