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<br />ACCESS TO SEPARATE STORM SEWER AGREEMENT <br /> <br />THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT is <br />th <br />entered into as of the 9 day of June, 2020, by the City of South Bend, Indiana, acting through its <br />Board of Public Works (City) and St. Joseph County Public Library located at 304 S. Main <br />Street, South Bend, Indiana Owner and its successors, assigns and transferees. <br /> <br />WHEREAS, Owner is renovating and adding on to its building in South Bend, Indiana; <br /> <br />WHEREAS, Owner desires to install infrastructure to transfer surface water drainage <br />from its , as outlined an Appendix A; <br /> <br />WHEREAS, City owns the separate storm sewer system on Wayne Street which abuts <br />the property and building; and <br /> <br />WHEREAS, at the time of execution of this Agreement, City has capacity in its separate <br />storm sewer system. <br /> <br />NOW, THEREFORE, for and in consideration of other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as <br />follows: <br /> <br />1. City agrees to allow Owner access to the which <br />directly abuts Owneroverflow <br />stormwater runoff from the to said separate storm sewer system. <br /> <br />2. Owner, at its sole expense, shall construct, install, and maintain whatever piping and <br />erosion protection infrastructure is necessary to drain its stormwater runoff into the City <br />separate storm sewer system. Owner shall be permitted temporary access to construct <br />and maintain said infrastructure. However, such infrastructure, and its location, must be <br />designed and constructed in a manner approved by City, and such approval may be <br />withheld for any reason. <br /> <br />3. Owner, at its sole expense, and if required by a governmental agency in the future, must <br />construct a post-construction stormwater quality best management practice structure in <br />order to prevent any illegal discharge of pollutants from entering the separate storm <br />sewer system. <br /> <br />4. The City reserves its right to charge the Owner a reasonable fee for the Owner <br />and regulations. <br /> <br /> <br /> <br /> -1- <br /> <br />