Renewable License - River Walk LLC

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ACCESS TO SEPARATE STORM SEWER AGREEMENT THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT ("Agreement") is entered into as of the 4th day of May, 2017, by the City of South Bend, Indiana, acting through its Board of Public Works ("City") and River Walk, LLC located at 314 West Catalpa Drive, Suite F, Mishawaka, Indiana 46545 ("River Walk") and its successors, assigns and transferees. WHEREAS, River Walk is developing a subdivision of single and multi -family lots in South Bend, Indiana; WHEREAS, River Walk desires to install infrastructure to transfer surface water drainage from its property to the City's separate storm sewer system; WHEREAS, City owns the separate storm sewer system on South Peter Street, South Notre Dame Avenue, and South Frances Street which abuts the River Walk subdivision; and WHEREAS, at the time of execution of this Agreement, City has capacity in its separate storm sewer system. NOW, THEREFORE, for and in consideration of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. City agrees to allow River Walk access to the City's separate storm sewer system which directly abuts River Walk's property for the limited purpose of discharging stormwater runoff from the River Walk subdivision to said separate storm sewer system. 2. River Walk, at its sole expense, shall construct, install, and maintain whatever piping and erosion protection infrastructure is necessary to drain its stormwater runoff into the City's separate storm sewer system. River Walk shall be permitted temporary access to construct and maintain said infrastructure. However, such infrastructure, and its location, must be designed and constructed in a manner approved by City, and such approval may be withheld for any reason. River Walk, at its sole expense, and if required by a governmental agency in the future, must construct a post -construction stormwater quality best management practice structure in order to prevent any illegal discharge of pollutants from entering the separate storm sewer system. 4. City reserves the right to charge a one-time reasonable fee to River Walk to buy -in for use of its separated storm system. Such "buy-W' fee shall be communicated within twelve (12) months of implementation. Such fee shall represent the pro -rated present value share of the capacity of the system to be used by River Walk. River Walk is entitled -I-