Temporary Access Agreement – Construction Work to Replace Fence at 1100 Wilbur St. - Board of Park Commissioners

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2.In consideration for authorization and approval by BPC for BPW, Contractor, and its designated contractor(s) to enter upon and use the Property in conducting the Activity, BPW hereby agrees that its contract with any such contractor shall require the contractor to hold the City of South Bend, Indiana, BPC, the agents, contractors, employees, successors and assigns of each, free and harmless from any liability, loss, costs, damages or expenses, including attorney’s fees, which the City of South Bend or BPC may suffer or incur, as a result of any claims or actions which may be brought by any person or entity arising out of the approval granted herein by BPC. If any action is brought against the City of South Bend or BPC, the agents, contractors, employees, successors and assigns of each, because of the aforementioned Activity, the undersigned agrees to require its contractor to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 3.The rights granted under this Agreement shall terminate without further action by BPC upon the earlier of (i) December 16, 2022, by which the Activity will have ceased on the Property or (ii) delivery of written notice from BPC to BPW. 4.To the extent that any portion of the Property is disturbed in connection with the exercises of the privileges granted under this Agreement, BPW shall require its contractor to restore the Property to the same, or better, condition in which it was immediately prior to such disturbance to the satisfaction of BPC at BPW’s contractor’s sole expense. BPW shall require its contractors to coordinate with the City’s Department of Venues Parks & Arts to ensure maintenance of appropriate tree protection zones and soil compactions, including but not limited to the Tree Protection Zone Restrictions below. Tree protection zone (TPZ) shall be 1.5 feet for every 1-inch in diameter of the trunk (DBH) of the tree. No ground disturbance, grading, trenching, construction activities, or structural development shall occur within the TPZ except as specifically authorized by this Agreement, any permits issued, and the approved TPP. No equipment, soil, or construction materials shall be placed within the TPZ. No oil, gasoline, chemicals, paints, solvents, or other damaging materials may be deposited within the TPZ or in drainage channels, swales, or areas that may lead to the TPZ. Where trenching or digging within the TPZ is specifically permitted, the work shall be conducted in a manner that minimizes root damage, as directed by an urban forester. Grade changes outside of the TPZ shall not significantly alter drainage to protected trees. Grading within the TPZ shall use methods that minimize root damage and ensure that roots are not cut off from the air, where erosion may be a factor to return and protect the original grade or otherwise stabilize the soil. Protection Zone fencing shall be installed along the edges of protection zones in a manner that will prevent people from easily entering protected areas Signage shall be posted on the tree protection fence.