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Home My WebLink AboutPermission to Survey - Proposed Soil Sampling & Excavation Plan at W. Bulla St. – Indiana Michigan Power Company1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 14, 2020 Mr. Todd Ireland Indiana Michigan Power Company RE: Permission to Survey Dear Mr. Ireland: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on July 14, 2020, approved the above referenced agreement for the right of entry for soil sampling and excavation plan at the west end of Bulla Street adjacent to AEP Properties. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR DocuSign Envelope ID: 66B58277-EDB4-4740-AA48-43D9E0751599 Property Owner(s): Mailing Address: City, State, Zip: Telephone #: Property Address: (ifdierent from Permission to Survey City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 The undersigned hereby give(s) consent and permission for Indiana Michigan Power Company, an Indiana corporation, herein called "AEP", to survey property owned by the City of South Bend at the West end of Bulla Street, in South Bend, Indiana, that is adjacent to AEP parcel number(s): 024-1001-0497, 024-1001-0498, 024-1001-00496, 024-1001-0495, as depicted on Exhibit A, incorporated herein by reference and attachment (the "Property") on or after July 15th, 2020 until the activities contemplated by this agreement are completed. Subject to the conditions in this agreement, it is understood and agreed that AEP shall have the right to enter in and upon the Property at all reasonable times for the purposes of making ecological, environmental and geological studies, including the right to drill holes for testing soil and bedrock, together with the right to make such surveys as may be required in connection with such studies as well as the proposed remediation that may be required as a result of the surveys and tests on the Property (the "Work"). AEP agrees to perform the Work in compliance with all applicable laws and to provide all equipment, tools, electricity, water, and other resources necessary to complete the work. Prior to initiating the Work, AEP will survey the Property to identify any existing utilities and/or sub -surface structures that could be impacted by the performance of the Work. It is further understood and agreed that AEP also has the right to trim or cut vegetation necessary for survey purposes and that it will be responsible for any damage done to the Property in the course of the performance of the Work. At its sole cost and expense at the completion of the Work, AEP will restore the Property to the conditions existing prior to performance of the Work. If soils that are excavated as a result of the Work require special handling or disposal and cannot be returned to the site, AEP shall restore the Property using clean fill. AEP will indemnify, and hold harmless, City of South Bend and its officers, directors, affiliates, partners, and employees for and against all demands and causes of action, including expenses of defense, for and to the extent of (a) AEP's breach of this Agreement; or (b) personal injury, illness, death and property damage arising out of AEP's performance of the Work. This Agreement may not be modified or amended except by a written agreement duly executed by the parties or their respective successors or assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana regardless of the laws that might otherwise apply under Indiana principles of conflicts of law. This Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which shall together constitute one and the same Agreement. No party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of other party hereto. [Signature Page Follows] DocuSign Envelope ID: 66B58277-EDB4-4740-AA48-43D9E0751599 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member INDIANA MICHIGAN POWER COMPANY Therese J. Dorau, Member Jordan V. Gathers, Member ATTEST: vita cl-r�;tr Linda M. Martin, Clerk DS DocuSigned by: Sign Name: 5 To-4 JAJsv�,Z Date: 6/29/2020 1 5:31 AM PDT Print Name: 6'ctE�e4ic, RIGHT OF WAY AGENT DIRECTIONS TO PROPERTY OWNER RESIDENCE AND SPECIAL CONDITIONS: F ocuSig Envelope ID:66B58277-EDB4-4740-A�A48-43DDD9E0751599 xcavation Plan ■ V VV VM V/V■■ VM■■■ ■■■■ M■■M r DocuSign Envelope ID: 66B58277-EDB4-4740-AA48-43D9E0751599 H o� w a O w a 9011681H, Vertical testing 9+ A 681 f l f 6" 111 " ` 111' ll'' IVI 90F6SBB 12" 0.25PMM 90F6SBB 18" 0.16PMM 90F6SBB 24" 0.19PMM AEP PROPER First Round dTeMg Second Round dTeMg SB-A SB-A-N SB-B SB-B-N SB-C SB-B-E-N SB-D SB-B-E SB-C-E AEP PROPER Dow S 9 C U a 9 0 Certificate Of Completion Envelope Id: 66B58277EDB44740AA4843D9EO751599 Status: Completed Subject: Please DocuSign: South Bend Station - I_M - City of South Bend - South Bend Station - Permissio... Source Envelope: Document Pages: 4 Signatures: 1 Envelope Originator: Certificate Pages: 3 Initials: 1 Amy S Clipperton AutoNav: Enabled 1 Riverside Plz FL 1 Enveloped Stamping: Enabled Columbus, OH 43215-2373 Time Zone: (UTC-05:00) Eastern Time (US & Canada) asclipperton@aep.com IP Address: 161.235.2.88 Record Tracking Status: Original Holder: Amy S Clipperton Location: DocuSign 6/26/2020 3:54:49 PM asclipperton@aep.com Signer Events Signature Timestamp Cindy Buckbee lci's Sent: 6/26/2020 3:57:15 PM cdbuckbee@aep.com Viewed: 6/29/2020 7:59:35 AM American Electric Power Service Corporation Signed: 6/29/2020 7:59:53 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IPAddress: 161.235.221.85 Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Ireland EDOCUSigned by: Sent: 6/29/2020 7:59:54 AM ptireland@aep.com 7p..si cr,A Viewed: 6/29/2020 8:30:46 AM 9 9 9Mana er Real Estate Asset Mana ement C7F9EB570525421 Signed: 6/29/2020 8:31:02 AM Appalachian Power Company Signature Adoption: Uploaded Signature Image Security Level: Email, Account Authentication (None) Using IPAddress: 174.233.0.192 Electronic Record and Signature Disclosure: Accepted: 9/9/2015 1:39:12 PM ID:b88d9a61-54c6-4049-8659-9d8a34e93235 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/29/2020 7:59:54 AM Certified Delivered Security Checked 6/29/2020 8:30:46 AM Envelope Summary Events Status Signing Complete Security Checked Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamps 6/29/2020 8:31:02 AM 6/29/2020 8:31:02 AM Timestamps Electronic Record and Signature Disclosure created on: 5/30/2014 9:32:06 AM Parties agreed to: Todd Ireland ELECTRONIC RECORD AND SIGNATURE DISCLOSURE Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record. Please confirm your agreement by clicking the 'I agree' button at the bottom of this document.