Agreement - Sanctuary at St Pauls - Temp. Construction Access & Access to Sewer Agreement

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TEMPORARY CONSTRUCTION ACCESS AND ACCESS TO SEWER AGREEMENT THIS TEMPORARY CONSTRUCTION ACCESS AND ACCESS TO SEWER AGREEMENT ("Agreement") is entered into as of the 28th day of June, 2016, by the City of South Bend, Indiana, acting through its Board of Public Works ("City") and Trinity Continuing Care Services- Indiana d/b/a Sanctuary at St. Paul's located at 3602 South Ironwood Drive, South Bend, Indiana 46614 ("St. Paul") and its successors, assigns and transferees. WHEREAS, St. Paul operates a senior living facility in South Bend, Indiana; WHEREAS, St. Paul desires to install infrastructure to transfer surface water drainage from its parking lot to City's retention pond; WHEREAS, City owns a retention pond at 3700 Ironwood Drive, which abuts St. Paul's property; and WHEREAS, at the time of execution of this Agreement, City has capacity in its retention pond. 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 St. Paul access to the retention pond which directly abuts St. Paul's property for the limited purpose of discharging stormwater runoff from St. Paul's parking lot to said retention pond. 2. St. Paul, 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 retention pond. St. Paul shall be permitted temporary access to construct and maintain said infrastructure to the specifications in Exhibit A. 3. St. Paul, at its sole expense, must construct a post -construction stormwater quality best management practice structure in order to prevent any illegal discharge of pollutants from entering the retention pond. 4. St. Paul, at its sole expense, will maintain the retention pond area, including mowing and trash removal. 5. Either party reserves the right to terminate this Agreement without cause upon twelve (12) month notice to the other party. Should St. Paul elect to terminate this Agreement, it shall be St. Paul's sole responsibility to find an alternative means to discharge its surface water which complies with all local ordinances or state laws.