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HomeMy WebLinkAboutRenewable License - River Walk LLCis (P61 s. ——- — —— -- — — - .. — ra F�, J 14 ACCESS TO SEPARATE STORM SEWER AGREEMENT THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT ("Agreement") is entered into as of the 4th day of May, 2017, by the City of South Bend, Indiana, acting through its Board of Public Works ("City") and River Walk, LLC located at 314 West Catalpa Drive, Suite F, Mishawaka, Indiana 46545 ("River Walk") and its successors, assigns and transferees. WHEREAS, River Walk is developing a subdivision of single and multi -family lots in South Bend, Indiana; WHEREAS, River Walk desires to install infrastructure to transfer surface water drainage from its property to the City's separate storm sewer system; WHEREAS, City owns the separate storm sewer system on South Peter Street, South Notre Dame Avenue, and South Frances Street which abuts the River Walk subdivision; and WHEREAS, at the time of execution of this Agreement, City has capacity in its separate storm sewer system. 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 River Walk access to the City's separate storm sewer system which directly abuts River Walk's property for the limited purpose of discharging stormwater runoff from the River Walk subdivision to said separate storm sewer system. 2. River Walk, 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 separate storm sewer system. River Walk shall be permitted temporary access to construct and maintain said infrastructure. However, such infrastructure, and its location, must be designed and constructed in a manner approved by City, and such approval may be withheld for any reason. River Walk, at its sole expense, and if required by a governmental agency in the future, must construct a post -construction stormwater quality best management practice structure in order to prevent any illegal discharge of pollutants from entering the separate storm sewer system. 4. City reserves the right to charge a one-time reasonable fee to River Walk to buy -in for use of its separated storm system. Such "buy-W' fee shall be communicated within twelve (12) months of implementation. Such fee shall represent the pro -rated present value share of the capacity of the system to be used by River Walk. River Walk is entitled -I- to repayment of same said "buy -in" fee should the City decide to purchase that capacity back. S. City reserves the right to charge a reasonable fee to River Walk for annual use of its separated storm system as defined by present and future local ordinances. 6. City reserves the right to terminate this Agreement in its sole discretion upon twelve (12) month notice to River Walk and revoke any access to the separate storm sewer system. Should River Walk elect to terminate this Agreement, it shall be River Walk's sole responsibility to find an alternative means to discharge its surface water which complies with all local ordinances or state laws. Should River Walk terminate this Agreement, it shall be responsible for all expenses related to its disconnect from the City's separate storm sewer system. 7. River Walk agrees and undertakes to indemnify and hold City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which 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 City or its respective agents, employees, successors, or assigns, in connection with this Agreement, River Walk agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 8. This Agreement may not be assigned by River Walk without the express written consent of City which such consent may be withheld for any reason. Any violation of this limitation shall terminate this Agreement and forfeit River Walk's rights under this Agreement. 9. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 10. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 11. The person signing on behalf of River Walk represents that he/she has been duly authorized to execute this Agreement on behalf of River Walk. IN WITNESS WHEREOF, City and River Walk, 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. -2- Date: 20) t7 RIVER WALK, LLC Its --TAM i s -3- Date: j1d 33 Jy" "7 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President G- J es A. Mueller, Member joL. Elizabeth A. Maradik, Member Member Attest: Linda Martin, Clerk Board of Public Works 0 W MS a b 0