Agreement Authorizing Public Property Entry - 1125 & 1141 Mishawaka Ave. – American Environmental Corp.

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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS 1316 COUNTY‐CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601‐1830 PHONE 574/ 235‐9251 AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT, is made effective the 9th. day of July, 2024, by and between the City of South Bend Board of Public Works having its offices located at 227 West Jefferson, 13th Floor, County-City Building, South Bend, Indiana 46601 and American Drilling Services and is in the business of performing environmental assessments and remediation of polluted sites for its clients; and WHEREAS, American Drilling Services desires access to public property located within the public right-of-way of the alleyway between 1125 Mishawaka Avenue and 1141 Mishawaka Avenue for the purpose of drilling one boring for a probe of soil and/or water samples and installation of a monitoring well and the City is agreeable to such additional environmental remediation activities (“the Work”); and 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, the City, acting by and through its Board of Public Works, is willing to permit American Drilling Services and its respective agents and consultants to gain access to the property identified herein 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 are hereby acknowledged, the parties restate and amend the Permit in its entirety as follows: 1.The City, acting by and through its Board of Public Works ("City") hereby grants to American Drilling Services, its agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the property located within the public right-of-way of the alleyway between 1125 Mishawaka Avenue and 1141 Mishawaka Avenue ("Property") for the purposes of the investigation, surveying and sampling of soils and improvements including drilling borings for a probe of soil and/or water samples and installation of monitoring wells. The City understands and acknowledges that the number of borings and/or monitoring wells reasonably necessary to accomplish the remediation activities may change over the term of this agreement and are further subject to direction from the Indiana Department of