Authorization for Entry Agreement - Drilling Purposes Along St. Joseph River Soil Borings

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AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT, is made effective the 23rd day of May, 2023, 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 Geotill Inc. (the “Geotill”), with its principal place of business located at 7732 Loma Court Fishers IN 46038, for the purpose of performing certain geotechnical investigations near Riverside Dr and N Lafayette Blvd, South Bend, IN (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, Geotill has been engaged by Campos EPC, LLC to perform Geotechnical investigation to the proposed locations (see attachment), and Geotill 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 (the “Work”); and WHEREAS, the City is willing to permit Campos EPC, LLC and/or its contractor, Geotill Inc ., and its 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 Geotill, its agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the site location for the purposes of the investigation, surveying and sampling of soils and improvements including drilling borings of soil. 2. Geotill will drill the soil, borings in a professional manner in accordance with applicable state laws and regulations, and shall keep interference with the surrounding property and transportation to a minimum, as is consistent with such standards. 3. If any improved or paved property is disturbed by the Work, Geotill shall restore or cause to be restored by another qualified contractor, said property to its original state or better as practical upon the completion of work and such improvement must be approved by the City . 4. The work to be performed shall not interfere with any existing easement without the consent of the owner of said easement.