HomeMy WebLinkAbout#2040- Deed; ACCESS AGREEMENT Install 9 monitoring wells2040
ACCESS AGREEMENT
i
Law Engineering & Environmental, Inc,
Access to the sidewalk portion of the right-of-way in
the following locations: the 2000-2I00 block of Orange
Street, the 100 block of O'Brien, and the 300 block
North of Huey Street to install a total of nine (9)
monitoring wells for the purpose of collecting
underground and ground water sample to complete
environmental testing.
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
December 18, 1997
Mr. Roy V. Funkhauser
Law Engineering & Environmental, Inc.
9810 Bluegrass Parkway
Louisville, Kentucky 40299
RE: Access Agreement
Dear Mr. Funkhauser:
PHONE219/235-9251
Fax 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its meeting held October 13, 1997, approved your Access
Agreement. Additionally, it has been recorded with the Recorder's Office. Enclosed is a copy for
your records.
If you have any questions, please call me.
Enclosure
Sincerely,
Angela Jacob, C1
jAmEs R. CALDWELL M. CATHERINE ROEMER
9l41r92
ACCESS AGREEMENT
THIS AGREEMENT is entered into this
9rI4 day of 667—SER ,
1997, by and between the City of South Bend, by its Board of
Public Works ("City"), and Law Engineering and Environmental
Services, Inc., 9810 Bluegrass Parkway, Louisville, Kentucky
40299, on behalf of Uniroyal Technology Corporation,
("Permittee"). -
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WHEREAS, Permittee requires access to the sidewalk portion
of the right-of-way in the following locations: the 2000-2100
block of Orange Street, the 100 block of O'Brien, and the 300
block North of Huey Street ("Premises") to install a total of
nine (9) monitoring wells for the purpose of collecting
underground and ground water samples to complete environmental
testing, and the City is willing to grant access to said Premises
for said purposes under the terms and conditions listed below.
NOW, THEREFORE, in consideration of the mutual promises
herein stated, it is agreed as follows:
1. The City shall grant Permittee access to the
Premises to drill and collect samples by T_
means of a geoprobe and/or other means that;
may be required. Attached hereto as Exhib-it_
A is a site plan indicating the proposed I�
location of the groundwater and geoprobe CD
investigation, and Exhibit B are diagrams of
a Typical Orc Well and a Typical Monitoring
2. Permittee agrees to notify the City's
Engineering Department at least one (1) week
prior to drilling activities commence on the
Premises and drill at specific locations
within the premises in a manner that is
acceptable to the City's Engineering
Department.
3. Permittee agrees that during the drilling and
sample collection activities, it will utilize
traffic controls acceptable to the City's
Engineering Department to safeguard the users
of the right-of-way at that location.
4. Permittee agrees to obtain all permits and
bonds for excavation of the public right-of-
way required by law and ordinance.
5. Permittee agrees to close and cap the wells
when it has completed its monitoring
activities in a manner that is acceptable to
the Indiana Department of Environmental
Management and the City's Engineering
Department. Permittee also agrees to restore
the public right -or -way disturbed by the
installation and operation of the wells to a
condition as good as its original condition
and acceptable to the City's Engineering
Department.
6. Permittee agrees to drill or collect samples
in a manner that will not disrupt the use of
the Premises except during drilling or sample
collection activities. Permittee further
agrees to indemnify, defend and save harmless
the City from and against any and all
liabilities, penalties, fines, forfeitures,
suits, losses, damages, costs and expenses
(including costs of defense, settlement and
attorney fees), which the City may hereafter
incur or become responsible for as a result
p as t-rTa's In!
of/(the drilling or sample collection
1l('?(1'7 activities conducted pursuant to this
/Lk agreement.
Adopted this day of1997.
Attes
f�
Angela K. ,' 4acob, Cl,ork
3
CITY OF SOUTH BEND
BOARD UB I WORKS
Jame a dwell
6 2, � �� �', -V, W
Carl P. vittrell
. C�atheTine Roemer
__ undersigned certifies that he or she is authorized to
-�--� L"Ww Engineering and Environmental Services, Inc. and
Uniroyal Technology Corporation to the terms hereof.
LAW ENGINEERING AND
ENVIRONMENTAL, INC.
By:
f 2rN��p�
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