Authorization for Entry Agreement - Drilling Purposes at 3520 Westmoor St. for Environmental Remediation - Honeywell Int. Inc.

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Crw or SourH BEND JAMEs MUELLER, MAyoR BoRNo oF PUBLIc WoRrs 1316 CoUNTY-CIrY BUTLDTNG 227 W. JEFFERSoN BoULEVABD SourH BEND, INDTANA 46601-1830 Pxore 5741235-9251 AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT, is made effective the 4il' day of November 2020, by and between the Cify of South Bend, lndiana, by and through its Board of Public Works (collectively referred to hcrein as the "City") having its offices located at 227 West Jefferson, 13'h Floor, County-City Ituilding. South Bend, lndiana 46601 and Honeywell Intemational Inc., ("Honeywell") for the pLrrpose of performing pilot study remediation activities relating to real properry located downgradient of the Honeyrvell Industrial Complex (the "Site") located at3520 Westmoor Street, South Bend, Indiana (Figure 1). WHEREAS, the care, custody and control of City-owned properfy and the supervision of streets, public ways and sidewalks is vested in its Board of Public Works pursuant to I.C. 36-9-6, et seq.; and WHEREAS. Honeyrn ell has engaged a contractor, Woodard & Curran. Inc., to perform pilot study remediation activities relating to the Site, and Honeyr.velI desires that Woodard & Curran have access to certain public property located rvithin the public right-of--way at Kennedy Park near the intersection of North Meade Street and Longley Avenues set forth on the attached Figure I (the "Properfy") for the purpose of completing pilot study remediation activities including groundwater sampling through direct-push technology (DPT, Geoprobe or equivalent) and the injection of remedial amendments into the subsurface (the "Work"); and WHEREAS, the City is willing to permit Honeywell and/or its contractor, Woodard & Curran, and their respective agents, subcontractors, and consultants, to gain access to the Property, subject to the following terms and conditions. NOW THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: l. The City hereby grants to Honeywell and Woodard & Curran and their agents, contractors, cmployees and successors and assigns, a tcmporary, non-exclusive right on, in, across and under the Property for the purposes of the completing pilot study remediation activities. The City understands and acknowledges that the number of borings reasonably necessary to accomplish the remediation activities may change over the term of this Agreement and are fuither