Authorization for Entry for Environmental Remediation - MACOG

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CITY OF SOUTH BEND JAMES MUELLER, 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 _10th__ day of __June___, 2025, by and between the City of South Bend, Indiana, by and through its Board of Public Works (collectively referred to herein as the “City”) having its offices located at 227 West Jefferson, 13th Floor, County-City Building, South Bend, Indiana 46601 and Michiana Area Council of Governments (“MACOG”), with its principal place of business located at 1120 County City Building, 227 West Jefferson Blvd., South Bend, IN 46601, for the purpose of performing certain environmental investigations and remedial work relating to real property located at certain locations as shown in Exhibit A near 133 Cherry Street, South Bend, Indiana (the “Site”). 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, MACOG has engaged a contractor, Roberts Environmental Services, LLC (“Roberts”), to perform environmental investigative and remedial work relating to the Site, and MACOG desires that Roberts have access to certain public property located within the public right-of-way near the Site as set forth on the attached Figure 1 (the “Property”) for the purposes of investigating, surveying and sampling of soils, including drilling borings for a probe of soil and collection of water samples (the “Work”); and WHEREAS, the City is willing to permit MACOG and/or its contractor, Roberts, and their respective agents, subcontractors, and consultants, to gain access to the Property, 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 is hereby acknowledged, the parties agree as follows: 1. The City hereby grants to MACOG and Roberts their agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the P roperty for the purposes of investigating, 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