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<br /> MEMORANDUM OF UNDERSTANDING FOR
<br />UTILITY INSTALLATION IN CITY RIGHTS-OF-WAY
<br />
<br /> This Memorandum of Understanding (this “MOU”) is made effective May 17, 2022, by
<br />and between the City of South Bend, Indiana, by and through its Board of Public Works
<br />(hereinafter, referred to as the “City”), and Northern Indiana Power Company, (hereinafter,
<br />“Nipsco”). (each a “Party,” and collectively, the “Parties”).
<br />
<br />RECITALS
<br />
<br />A. Pursuant to I.C. 36-9-6-2, the City Board of Public Works has supervisory authority
<br />over the City streets, alleys, sewers, public grounds, and other City ROW.
<br />
<br />B. Moreover, pursuant to I.C. 36-9-6-13, the City Board of Public Works may
<br />authorize a utility company to use and erect necessary structures in any street, alley, or public place
<br />in the City, prescribing the terms and conditions of such use and fixing the price charged to the
<br />company.
<br />
<br />C. Nipsco desires to install, construct, reconstruct, operate, maintain, alter, repair,
<br />replace, renew, upgrade and relocate underground gas transmission, distribution, and
<br />communication lines (the “Work”) in certain City rights-of-way (“ROW”), more fully described
<br />and depicted on Exhibit A, which is incorporated herein by reference and attachment.
<br />
<br />D. The City Board of Public Works agrees to grant Nipsco permission to perform the
<br />Work described above in the designated City ROW. Subject to the terms and conditions set forth
<br />in this MOU.
<br />NOW, THEREFORE, in consideration of the mutual covenants set forth in this MOU, the
<br />Parties agree as follows:
<br />1. License. The City grants to Nipsco a temporary license for the construction period
<br />of the gas transmission, distribution and communication lines and appurtenant equipment and
<br />fixtures in the identified City ROW. The temporary license shall terminate upon completion of the
<br />Work, which includes repair and restoration of City ROW located on our in the immediate vicinity
<br />of the intersection of Sample Street and Mayflower Road, South Bend, Indiana.
<br />2. Term and Termination. Nipsco’s temporary license for construction shall
<br />commence on April 18,2022 and terminate no later than May 16, 2022.
<br />3. Consideration. In consideration of the City allowing Nipsco to install underground
<br />gas transmission, distribution, and communication lines in City ROW and to restore such property
<br />to its previous condition or better, Nipsco agrees to make payment to the City in the amount of Six
<br />Thousand Eight Hundred Dollars ($6,800.00), to be paid no later than 30 days from the effective
<br />date of this MOU.
<br />4. No Lease or Easement; Assignment. The City represents that it is the sole owner
<br />in fee simple of the designated City ROW and has lawful right to permit Nipsco access to and
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