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HomeMy WebLinkAboutSewer and-or Water Service Agreement - Allen Edwin Home Builders LLCW i f ' LAG SEWER AND/OR WATER SERVICE AGREEMENT This Sewer and/or Water Service Agreement ("Agreement") is made on the I Ith day of April, 2017 by and between the Allen Edwin Home Builders, LLC ("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 construct a residential house located at 26620 Durness Woods Drive, Lot 25, Inverness Woods, South Bend, Indiana ("House"); and and WHEREAS, the House is located outside the City limits in St. Joseph County, Indiana; WHEREAS, Owner desires to connect the House to the City's water and/or sanitary sewer system, and; WHEREAS, the City's engineering department has approved the design for said water and sanitary sewer systems; and WHEREAS, the Owner understands that he/she is subject to the City Ordinance Section 17-79 et al. 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. Upon request, 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, 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, enfiltration, 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. This Agreement is a condition precedent of receiving a permit from the City. 3. Capital Contribution It is understood that Owner is seeking connection to the City's water and sanitary sewer systems for a single family residence. For purposes of this section "ERU" shall be defined as an equivalent residential unit which means a single family residence. For every new connection made by the Owner to the South Bend Municipal Sewer Works, a capital contribution of $1,145 per ERU shall be collected. For every new connection made by the Owner to the South Bend Municipal Water Works, a capital contribution of $475 shall be collected per ERU. All charges shall be paid to the City at the time the application for service is filed and prior to the issuance of a permit. 4. 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. 5. Indemnification Owner agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, and assigns, harmless 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. This Indemnification provision shall expire upon the successful dedication of the water and sanitary sewer systems to the City and the City's possession. 6. 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. 7. 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. 8. 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. 9. 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) T mwok-- ry ..... . . . . . . ut