Access Agreement - WWTP Solar Utility Pipe Access Proj No Proj 124-015 - Veregy LLC

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VEREGY ,0`04VER EGY7 > Ui4�1t1i_Y JUH`:SUY MLLL�H 90 VJ71:iF5 Date: 4/15/25 To: City of South Bend South Bend, IN 46628 Subject: Letter of Agreement — Stormwater Utility Pipe Setback Access Dear Gemma, 6406 Castleway Ct. #100 Indianapolis, IN 46250 This letter serves as a formal agreement between Veregy and the City of South Bend regarding our project located at the South Bend Wastewater Treatment plant at 3113 Riverside Drive. We acknowledge the presence of a city -owned stormwater utility pipe within the project area, and we understand that a setback has been established to ensure access for future maintenance and repairs. Per this agreement, we hereby commit to the following: • In the event that the City of South Bend requires access to the stormwater utility pipe for maintenance, repairs, or any other operational purpose, we will promptly remove any electrical or solar equipment that encroaches within the designated pipe setback area. • We agree to complete such removal within 48 hours of receiving written notice (email is acceptable) from an authorized representative of the city. • This removal will be conducted at our own expense, during the guarantee period or service contract period, and in coordination with the City's schedule to avoid unnecessary delays or disruptions. • We further acknowledge that we are solely responsible for reinstalling or relocating the equipment, and we waive any claims against the City for damages, costs, or losses resulting from the removal or temporary disconnection of said equipment. Please acknowledge acceptance of this agreement by signing below. Sincerely, John Emmet Project Manager I1 Veregy Signatur.��7,z_ P,9�_ Date: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President Breana Micou, Member dulf411 Murray L. Miller, Member Attest: Hillary R. Horvath, Clerk Date: August 12, 2025