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-1- <br />CONSTRUCTION ACCESS AND INSTALLATION AGREEMENT <br />THIS CONSTRUCTION ACCESS AND INSTALLATION AGREEMENT <br />(“Agreement”) is entered into as of the 20th day of February, 2024, by the City of South <br />Bend, Indiana, acting through its Board of Public Works and on behalf of the Board of <br />Parks Commissioners (collectively, the “City”) and Parsons Environment & Infrastructure <br />Group Inc.(“Parsons”). <br />WHEREAS, the City owns and manages 14 acres of park land at 1300 South Bend <br />Avenue, South Bend, IN 46617, more commonly known as Fredrickson Park (“Fredrickson <br />Park”); <br />WHEREAS, Fredrickson Park is subject to an environmental remediation plan managed <br />collaboratively between the City and Indiana Department of Environmental Management <br />(“IDEM”); <br />WHEREAS, Parsons is a leading and innovative environmental service company <br />seeking solutions for cleaner communities; <br />WHEREAS, Parsons desires to install a methane biofiltration system at Fredrickson Park <br />which will serve as a pilot program with the intent to capture a portion of the landfill gases and <br />ultimately convert those gases to water and carbon dioxide; <br />WHEREAS, Parsons has successfully tested the technology it intends to install at <br />Fredrickson Park with success both in its laboratory and oil and gas wells throughout Canada; <br />WHEREAS, both the City and Parsons believe this pilot program aligns with the City’s <br />long term sustainability goals. <br />NOW, THEREFORE, for and in consideration of other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as <br />follows: <br />1.City agrees to allow Parsons access to Fredrickson Park for the limited purpose of <br />installing a methane biofiltration system. Parsons shall install in a manner that does not <br />disturb the clay landfill cap. The location of the methane biofiltration system on <br />Fredrickson Park shall be consistent with Exhibit A, attached hereto. Nothing in this <br />Agreement shall permit Parsons to pierce the clay landfill cap or otherwise disturb or dig <br />in any area of Fredrickson Park without the express consent of the City and Indiana <br />Department of Environmental Management. Further, Parsons agrees to comply with the <br />technical guidance provided by IDEM as set forth in Exhibit B throughout the <br />construction, installation and implementation period.