Attachment C.pdf

ATTACHMENT C

Exhibit E

FOURTH AMENDMENT TO THE ROAD ACCESS LICENSE

AGREEMENT

NIPSCO License 39915-AAAA

THIS FOURTH AMENEMENT TO THE ROAD ACCESS LICENSE AGREEMENT entered into by and between Northern Indiana Public Service Company, LLC, and Indiana limited liability company, with its principal address at 801 East 86th Avenue, Merrillville, Indiana 46410 (“NIPSCO”) and the United States of America, acting through the Detroit District, U.S. Army Corps of Engineers with an address of 477 Michigan Avenue, Detroit, Michigan 48226 (the “Licensee”), (collectively referred to as the “Parties”)

RECITALS

WHEREAS, the Parties entered into a License Agreement dated July 21, 2014 (the “License”), for use of the Access Road on certain portions of Property owned by NIPSCO located in Michigan City, LaPorte County, Indiana, to gain access to a portion of the beach area along Lake Michigan by entering from Highway U.S. 12

WHEREAS, the License original expiration date was November 30,2015; and

WHEREAS, the License was amended by the First Amendment to the Road Access License Agreement (the “First Amendment”) executed by NIPSCO on November 2,2015 and by the Licensee on November 10, 2015; and

WHEREAS, said First Amendment extended the term of the License to December 31, 2016; and

WHEREAS, said First Amendment amended the terms in Paragraph 9, Paragraph 10 and Paragraph 11, all of which eliminated references to Solicitation Numbers as outlined in said First Amendment; and

WHEREAS, the Parties entered into a Second Amendment to the Road Access License Agreement (the “Second Amendment”) on July 20, 2018, mutually documenting the First Amendment extended term of December 31, 2018 whereas the original First Amendment has an extended term of December 31, 2016; and

WHEREAS, said Second Amendment extended the term of the License to December 31, 2020; and

WHEREAS, the Parties entered into a Third Amendment to the Road Access License Agreement (the “Third Amendment”) on May 27, 2021, extending the term of the License to December 31, 2022; and

WHEREAS, the Parties desire to amend the License by entering into a Fourth Amendment to the Road Access License Agreement (the “Fourth Amendment”) extending the term of the License to December 31, 2027; and

WHEREAS, the Parties desire to replace Exhibit A of the License Agreement.

AGREEMENT

NOW THEREFORE, for good and valuable consideration, and intending to be legally bound hereby, Licensee and Licensor hereby agree as follows:

1. Definitions. All capitalized terms used herein, which are not defined in this Fourth Amendment shall have the meanings ascribed to them in the License Agreement.

2. Term. The License granted under the License Agreement will continue through December 31, 2027.

3. Exhibit A. the Exhibit Attached to this Fourth Amendment is hereby incorporated and the Parties acknowledge that the depiction on said Exhibit accurately depicts the Property and Access Road.

4. Effect on the License Agreement. All other terms and conditions of the License Agreement, as amended from time to time, are hereby ratified and confirmed and shall continue in full force and effect. In the event of any inconsistency between the License Agreement, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment, the terms of this Fourth Amendment shall control.

5. Binding Effect. This Fourth Amendment shall be binding upon, and shall inure to the benefit of, the Parties hereto and their respective successors and assigns.

6. Governing Law. This Fourth Amendment is to be governed in all respects by the laws of the State of Indiana.

7. Counterparts. This Fourth Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

[Signature Page Follows]

IN WITNESS WHEREOF, the parties have entered into this FOURTH AMENDMENT TO THE ROAD ACCESS LICENSE AGREEMENT as of the date set forth below.

LICENSEE: UNITED STATES OF AMERICA

Date: By:

Michael B.

Rohde Chief, Real Estate Real Estate Contracting Officer Buffalo, Chicago, Detroit District

LICENSOR: NORTHERN INDIANA PUBLIC

SERVICE COMPANY, LLC

Date: By:

Jill Tabor, Land Agent NIPSCO Survey & Land

460130456003000022

NIPSCO

460130300001000022

UNITED STATES OF AMERICA

IND DUNES N ATIONAL LA

460130454012000022

NIPSCO

NIPS

CO

460130453007000022

NIPSCO

460130456004000022

NIPSCO

460130476001000022

NIPSCO

460130453005000022

NIPSCO

460130504002000022 Chicago South Shore & South Bend Road

NIPS

CO

NIPSCO

460131202001000022

NIPSCO

4601312020015000022

NIPSCO

460130454006000022

NIPSCO

NIPSCO

460130456006000022

NIPSCO

Chicago, South Shore & South Bend

0 300 600 900 1,200150

Feet

For Official Use Only Erosion Protection FY22

INDIANA SHORELINE

Chicago District, U.S. Army Corps of Engineers

June 2022.

1 inch = 450 feet

G:\Projects_LRC\Indiana_Shoreline\MXD\Indiana Shoreline Erosion Protection FY22 - Real Estate Map.mxd H6TECARK

U.S. Army Corps Of Engineers ® Chicago District

Legend Road Easement - 3.99 Acres Temporary Work Area Easement - 14.07 Acres Parcels

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