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

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Environmental Management ("IDEM"). 2.American Drilling Services will drill and install the wells in a professional manner in accordance with 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 drilling or installation of the wells, American Drilling Services shall restore said property to its original state or better as soon as practical upon the completion of the installation of the wells; 4.The work to be performed shall not interfere with any existing easement without the consent of the owner of said easement; 5.In consideration for the approval of this agreement by the City, American Drilling Services agrees and undertakes to hold the Civil City of South Bend, Indiana, Board of Public Works, their agents and employees, free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees caused by the Work, which the Civil City of South Bend or the Board of Public Works may suffer or occurs as the result of any claims or actions that may be brought by a person arising out of the approval of this request by the Board of Public Works. 6.American Drilling Services shall abide by all other laws of the United States, State of Indiana, and the City of South Bend in performing the work in the City of South Bend. American Drilling Services shall submit for prior approval a traffic control plan prior to obstructing any public street in the City of South Bend. 7.This authority is limited to the scope of work described on EXHIBIT 1 attached hereto and incorporated herein. 8.The monitoring wells shall be properly abandoned not later than December 31, 2029 unless otherwise agreed by the City in writing or as otherwise directed by IDEM. After abandonment of the wells, American Drilling Services shall cause the property in the right-of-way to be restored to its original state or better within thirty (30) days. 9.Prior to any entry on the land, American Drilling Services shall deliver to the Clerk of the Board of Public Works a Certificate of Insurance listing the City of South Bend as an additional insured, which insurance shall be in the amount of Five Million Dollars ($5,000,000) aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. American Drilling Services has heretofore posted $_______________________ excavation and occupancy bonds. When American Drilling Services notifies the Board of Public Works that the monitoring wells have been removed, South Bend will inspect the work and, if satisfied that there has been compliance with Paragraph 8 of this document, the bond and insurance may be cancelled. 10.In further consideration for the approval by the Board of Public Works of the City of South Bend of this Agreement Authorizing Entry Upon Public Property for Drilling