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HomeMy WebLinkAboutSewer and Water Service Agreement - Adams Rd. Development Corporation1316 COUNTY-GrY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 �,oUTfl Q �O E'�, �14 U C W! PF.ACR Y 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 27, 2016 David Eckrich Adams Road Development Corporation 51013 Gumwood Road Granger, IN 46530 RE: Sewer and Water Service Agreement Dear Mr. Eckrich: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on September 27, 2016, approved the above referenced agreement. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Eric Horvath, Public Works Michael Schmidt, Legal Corbitt Kerr, Engineering GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU SEWER AND WATER SERVICE AGREEMENT This Sewer and Water Service Agreement ("Agreement') is made on the 27th day of September, 2016 by and between the Adams Road Development II Corp. ("Owner") and the City of South Bend, a municipal corporation existing under the laws of Indiana, acting by and through its Board of Public Works ("City"). WHEREAS, Owner intends to develop real estate located within St. Joseph County, Indiana for a residential purpose as shown on the attached drawing entitled Exhibit A, attached and incorporated hereto, and; WHEREAS, Owner desires certain commitments from the City, in regard to extending and making additions to existing water and sanitary sewer systems to serve said development, and; WHEREAS, the engineering design for said water and sanitary sewer systems has been, or will be, accomplished by competent professional engineers registered and licensed in the State of Indiana; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: 1. Design The City shall approve the designation of the engineer who shall be responsible for the engineering design and inspection in connection with the installation of the said water and sanitary sewer systems. The Owner shall provide the City with drawings of record which shall conform to City standards. The Owner shall be responsible to provide inspection during construction and to ensure the engineer's conformance to area planning, adequacy of design, and conformance to City requirements regarding location, size and depth of line, capacity and arrangement of lift stations, and quality of construction. The Owner shall provide to the City a statement from the project engineer certifying that the materials and workmanship including pipes, bedding, thrust blocks, valves, fire hydrants, manholes, lift station equipment and other related materials and work meet the City's specifications and standards. Upon request of the City, the certification shall be substantiated by material affidavits from suppliers and by applicable test results for inflow/infiltration, exfiltration, deflection, pressure, leaks, bacteria, compaction and other tests required by the City. All construction, engineering and inspection cost in connection with these systems shall be borne by the Owner. 2. Permits It shall be Owner's sole responsibility and expense to obtain any and all permits associated with the construction and installation of the water and sewer sanitary systems. 3. Capital Contribution It is understood that Owner is seeking connection to the City's water and sanitary sewer systems for single family residences. Should Owner change the purpose of its development project and planned subsequent connection from that contemplated herein, this Agreement shall automatically be amended to the connection fees as set forth in the City of South Bend Ordinance 17-79 et al. For purposes of this section "ERU" shall be defined as an equivalent residential unit which means a single family residence. 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. For every new connection to the South Bend Municipal Water Works, a system development charge of $500 shall be collected per ERU. All charges shall be paid to the City at the time the application for connection is filed. Notwithstanding, the terms being offered herein by the City are based on rates being presented to the Common Council of the City of South Bend, Indiana ("Council'). Should the Council reject or otherwise fail to adopt the rates as submitted by the City to Council on September 7, 2016, Owner shall be subject to the current rates described in City Ordinance 17-79 et al, including compact fees. 4. Maintenance Bond Owner agrees to provide the City with a maintenance bond equal to ten (10) percent of the construction costs covering all work performed by the Owner pursuant to this Agreement and such bond shall remain in effect for three (3) years after dedication as described in Section 7 below. 5. Waiver of Remonstration Owner agrees to waive its right to remonstrate and hereby consent to annexation. Further, Owner agrees to execute a petition of annexation upon request by the City. 6. Dedication Upon completion of the construction of said water and sanitary sewer systems, Owner shall also convey an easement and dedicate to the City within such easement all water and sanitary sewer system improvements as depicted in Exhibit B. 7. Indemnification Owner agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, and assigns, hannless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of this Agreement If any action is brought against the City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 8. Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Company and the Activity in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. Owner agrees to include the City as an additional insured on any such policy and produce to the City a certificate of insurance evidencing the same. To the extent that the City is harmed as a result of the Owner's connection to the City's water and sewer sanitary systems, Owner hereby grants the City first priority on any proceeds received from the Owner's insurance. Notwithstanding anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to them under Indiana law. 9. Assignment This Agreement may not be assigned by the Owner without the express written consent of the City which such consent may be withheld for any reason. Any violation of this limitation shall terminate the City's obligation and forfeit the Owner's rights under this Agreement. 10. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Indiana. It is further agreed that all provisions of law now or hereafter in effect relating to water and sewer service by the City shall be applicable to this agreement. 11. Entire Agreement This Agreement sets forth the entire agreement and understanding between the Owner and the City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 12. Corporate Authority The person signing on behalf of the Owner represents that he/she has been duly authorized to execute this Agreement on behalf of said Owner. IN WITNESS WHEREOF, the Owner and the City, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. (Remainder ofpage intentionally left blank) ADAMS ROAD DEVELOPMENT II CORP Date Signed: CITY OF SOUTH BEND INDIANA Date Signed: `l /, 7/azJ ((- Gary Gilot, President David P. Relooss, Member /v J es A. Mueller Member Therese .. Dorau, Merpber Elizabeth A. Maradik, Member ATTEST: ._.4 j Linda Martin. Clerk of the Board of Public Works