Authorizing Entry Upon Public Property Agreement - Drilling Purposes and Revocable Permit – Terracon Consultants, Inc.

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CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR GEOTECHNICAL PURPOSES THIS AGREEMENT, is made effective the __ day of ____, 2021_, 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, 13th Floor, County-City Building, South Bend, Indiana 46601 and Terracon Consultants Inc (the “Terracon”), with its principal place of business located at 7770 West New York Street, Indianapolis, Indiana, for the purpose of performing certain environmental investigations and remedial work relating to real property located at East Bank Trail over Leeper Ave, South Bend, Indiana (the “Site”). 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, Terracon, on behalf of American Electric Power (“AEP”) is planning to perform geotechnical and subsurface testing relating to the Site, and Terracon desires to have access to certain public property located within the public right-of-way near the Site as set forth on the attached Figure 1 (the “Property”) for the purposes of investigating, surveying and sampling of soils, including drilling borings for a probe of soil and collection of water samples (the “Work”); and WHEREAS, the City is willing to permit Terracon 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 Terracon, their agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the P roperty for the purposes of the investigation, surveying and sampling of soils and improvements including drilling geotechnical borings and installation of temporary wells for the purpose of downhole instrumentation. 2.Terracon will drill and install the wells in a professional manner in accordance 23rd. February