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

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�llTH g O`O CITY OF SOUTH BEND DAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS w a Pe cE 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD 123'5 SOUTH BEND, INDIANA 46601-1830 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 4th day of November 2020, by and between the City of South Bend, Indiana, by and through its Board of Public Works (collectively referred to herein as the "City") having its offices located at 227 West Jefferson, 131' Floor, County -City Building, South Bend, Indiana 46601 and Honeywell International Inc., ("Honeywell') for the purpose of performing pilot study remediation activities relating to real property located downgradient of the Honeywell Industrial Complex (the "Site") located at 3520 Westmoor Street, South Bend, Indiana (Figure 1). WHEREAS, the care, custody and control of City -owned property 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, Honeywell has engaged a contractor, Woodard & Curran, Inc., to perform pilot study remediation activities relating to the Site, and Honeywell desires that Woodard & Curran have access to certain public property located within 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 "Property") 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: 1. The City hereby grants to Honeywell and Woodard & Curran and their agents, contractors, employees and successors and assigns, a temporary, 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 further