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CITY OF SOUTH BEND JAMES MUELLER, MAYOR
<br />BOARD OF PUBLIC WORKS
<br />1316 COUNTY-C(TY BUILDING
<br />227 W. JEFFERSON BOULEVARD
<br />SOUTH BEND, INDIANA 46601-1830
<br />PHONE 574/235-9251
<br />AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR
<br />DRILLING PURPOSES AND REVOCABLE PERMIT FOR
<br />ENVIRONMENTAL REMEDIATION PURPOSES
<br />THIS AGREEMENT, is made effective the 28th. day of July, 2020 ("Effective Date"), by
<br />and between the City of South Bend, Indiana, acting by and through its Board of Public
<br />Works ("Board") (collectively referred to herein as the "City"), and Roger L. Corner ("Corner"), for
<br />the purpose of performing certain enviromnental investigations and remedial work relating to real
<br />property located at 3706 West Western Avenue, South Bend, Indiana ("the Site"); and
<br />WHEREAS, the care, custody, and control of City -owned property and the supervision of
<br />streets, public ways and sidewalks is vested in its Board pursuant to I.C. 36-9-6, et seq.; and
<br />WHEREAS, Corner, via his insurers, has engaged a contractor, ECC Horizon,
<br />Inc. ("ECC"), to perform environmental investigative and remedial work relating to
<br />the Site, and Corner desires that ECC have access to certain public property located within
<br />the public right-of-way near the intersection of South Wellington Street and West Western Avenue,
<br />as set forth on the attached Figure 1 ("the Property") for the purpose of drilling five (5) borings
<br />for a probe of soil and/or water samples and installation of soil gas or groundwater monitoring
<br />wells and the City is agreeable to such additional environmental remediation activities ("the
<br />Work"); and
<br />WHEREAS, the City, acting by and through its Board, is willing to permit Corner
<br />and/or his contractor, ECC, and their respective agents, subcontractors, and consultants, to gain
<br />access to the Property, subject to the following terms and conditions.
<br />NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
<br />herein contained and for other good and valuable consideration, the receipt and sufficiency of
<br />which are hereby acknowledged, the parties agree as follows:
<br />I. The City hereby grants to Corner, ECC, and their respective agents, contractors,
<br />consultants, employees and successors and assigns, a temporary, non-exclusive right on, in, across
<br />and under the Property for the purposes of the investigation, surveying and sampling of soils and
<br />improvements including drilling borings for a probe of soil and/or water samples and installation
<br />of soil gas and/or groundwater monitoring wells defined herein as the Work. The City understands
<br />and acknowledges that the number of borings and/or soil gas and/or groundwater monitoring wells
<br />reasonably necessary to accomplish the remediation activities may change over the term of this
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