Encroachment & Revocable Permit - Eddy St. Commons Phase II - Kite Realty Group

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2. Permits and Construction It shall be Owner's sole responsibility and expense to obtain any and all permits associated with the construction and installation of the Dedicated Improvements in the R.O.W. In order to minimize impacts to adjacent neighborhoods, the Owner agrees to use commercially reasonable efforts to provide adequate parking for construction -related staff during the entirety of the construction of the Dedicated Improvements. Owner may satisfy this obligation by providing an affidavit attesting that Owner's General Contractor agrees to provide parking and to endeavor to limit construction parking on residential streets at all times to the extent practicable. Owner shall direct its General Contractor to not conduct any construction during University of Notre Dame football home -game weekends. 3. System Development Charge For purposes of this section an equivalent residential unit ("ERU") shall mean a single family residence. For purposes of customers that are not single family residences, one ERU shall equal estimated wastewater flows of 310 gallons per day. No customer will be less than one ERU. For every new connection to the South Bend Municipal Sewer Works, a capital contribution of $1,145 shall be collected per ERU. All charges shall be paid to the City at the time the application for connection is filed. For all other types of structures, the ERU calculation shall be based upon the ratio of Average Daily Flow as computed pursuant to 327 IAC 3-6-11 in relationship to 310 gallons per day. For structures not listed in 327 IAC 3-6-11, the ERU shall be calculated as the relationship between the Average Daily Flow reported in the sewer capacity certification for the structure and 310 gallons per day. For customers with greater than 20 ERUs, the ERU shall be adjusted based upon the Peaking Factor as computed herein. The Peaking Factor shall be calculated by dividing the Peak Daily Flow by the Average Daily Flow, both as reported in the sewer capacity certification. In no event will a Peaking Factor less than 2.0 be used for purposes of the adjustment described in this Subsection. The Peaking Factor divided by 4.0 (the Peaking Factor for residential connections) will be multiplied by the number of ERUs for purposes of computing the capital contribution owed by the customer. The City may execute a contract with the