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CITY OF SOUTH BEND JAMES MUELLER, MAYOR
<br />BOARD OF PUBLIC WORKS
<br />1316 COUNTY-CITY 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 26th. day of July, 2022, by and between the City of
<br />South Bend, Indiana, by and through its Board of Public Works (collectively referred to herein as the
<br />“City”) having its offices located at 227 West Jefferson, 13th Floor, County-City Building, South
<br />Bend, Indiana 46601 and David A. Nufer, LLC (the “Owner”), with its principal place of business located
<br />at 2409 Mishawaka Avenue, South Bend, Indiana, for the purpose of performing certain
<br />environmental investigations and remedial work relating to real property located at 2626 Mishawaka
<br />Avenue (Burton’s Laundry), South Bend, Indiana (the “Site”).
<br />WHEREAS, the care, custody and control of City-owned property and the supervision of streets,
<br />public ways and sidewalks is vested in its Board of Public Works pursuant to I.C. 36-9-6, et seq.; and
<br />WHEREAS, David A. Nufer, LLC has engaged a contractor, Jones Petrie Rafinski Corp. (“JPR”),
<br />to perform environmental investigative and remedial work relating to the Site, and David A. Nufer, LLC
<br />desires that JPR have access to certain public property located within the public right-of-way near the Site
<br />as set forth on the attached Figure 1 (the “Property”) for the purposes of investigating, surveying and
<br />sampling of soils, including drilling borings for a probe of soil and collection of water samples (the
<br />“Work”); and
<br />WHEREAS, the City is willing to permit JPR and/or its contractor, D&T Drilling Co., and
<br />their respective agents, subcontractors, and consultants, to gain access to the Property, subject to
<br />the following terms and conditions.
<br />NOW THEREFORE, in consideration of the mutual covenants herein contained and for other
<br />good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
<br />parties agree as follows:
<br />1.The City hereby grants to David A. Nufer, LLC, JPR, their agents, contractors, employees
<br />and successors and assigns, a temporary, non-exclusive right on, in, across and under the P roperty for
<br />the purposes of the investigation, surveying and sampling of soils and improvements including
<br />drilling borings for a probe of soil and/or water samples and installation of monitoring wells. The City
<br />understands and acknowledges that the number of borings and/or monitoring wells reasonably necessary
<br />to accomplish the remediation activities may change over the term of this Agreement and are further
<br />subject to direction from the Indiana Department of Environmental Management ("IDEM").
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