Access to Separate Storm Sewer Agreement - 201 S. Main St. for Emergency Overflow Pipe Installation

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ACCESS TO SEPARATE STORM SEWER AGREEMENT THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT ("Agreement") is entered into as of the loth day of March, by the City of South Bend, Indiana, acting through its Board of Public Works ("City") and Bald Mountain, LLC located at 21953 Protecta Drive, Elkhart, Indiana 46516 ("Owner") and its successors, assigns and transferees. WHEREAS, Owner is constructing a multi -story office building in South Bend, Indiana; WHEREAS, Owner desires to install infrastructure to transfer surface water drainage from its property to the City's separate storm sewer system, as outlined an Appendix A; WHEREAS, City owns the separate storm sewer system on Jefferson Boulevard which abuts the Owner's property and building; 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 Owner access to the City's separate storm sewer system which directly abuts Owner's property for the limited purpose of discharging overflow stormwater runoff from the Owner's property to said separate storm sewer system. 2. Owner, 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. Owner 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. Owner, 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. The City reserves its right to charge the Owner a reasonable fee for the Owner's annual use of the City's storm sewer system as defined by present and future City ordinances and regulations.