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INTER-OFFICE MEMORANDUM <br /> <br /> Department of Law City of South Bend 227 W Jefferson Blvd <br /> <br />TO: Board of Public Works, Laura Hensley, Clara McDaniels <br />FROM: Sandra Kennedy, Corporation Counsel <br />SUBJECT: License Agreement – University of Notre Dame du Lac <br />DATE: December 15, 2021 <br /> <br /> <br />Members of the Board, Ms. Hensley, and Ms. McDaniels: <br /> <br />The University of Notre Dame du Lac (“Notre Dame”) reached out to the City regarding the issues <br />it was experiencing in obtaining easements to install electric transmission lines between Notre <br />Dame and its hydroelectric plant at Seitz Park. Most of the transmission line will be installed along <br />the City’s Riverwalk right of way, but, as you may know, some portions of the Riverwalk are not <br />held in fee simple by the City. Notre Dame particularly required access to an area between <br />vacated Sorin Street and Corby behind the Madison Center and the dog park. AEP obtained an <br />easement through that portion of the Riverwalk using the condemnation process; however, the <br />owner objected to Notre Dame’s “piggybacking” on AEP’s use. <br /> <br />In its Ground Lease for the property on which the hydroelectric facility sits, the City agreed to <br />assist Notre Dame with the procurement of licenses reasonably necessary in connection with the <br />operation of the facility. This license is reasonably necessary. <br /> <br />We ask that the Board approve the License Agreement, which will be countersigned and recorded <br />by Notre Dame. Please return the document to: <br /> <br />Office of General Counsel <br /> UNIVERSITY OF NOTRE DAME <br /> 204 Main Building <br />Notre Dame, Indiana 46556 <br />Attn: John Lloyd, Esq. <br /> <br />I will request that Mr. Lloyd provide us with a fully executed copy. Thank you.