HomeMy WebLinkAboutMemorandum of Understanding - Great Lakes Capital - Building Permit 5550 Dylan DriveMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Agreement") is made on the 13th day of June, 2017
by and between the GLC Portage Prairie III, 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 develop an approximate 29+/- parcel of real estate located
within St. Joseph County, Indiana as shown on the attached drawing entitled Exhibit A, attached
and incorporated hereto, and;
WHEREAS, the City has engaged Abonmarche Consultants to produce a Sewer Master
Planning Study ("Study") which will educate and guide the City on future routing of its sanitary
sewer lines in and around Owner's real estate, and;
and
and
WHEREAS, the Study has not been completed as of the effective date of this Agreement;
WHEREAS, Owner has been advised by the City that the Study is incomplete at this time;
WHEREAS, because the Study is incomplete at this time, the City is reluctant to approve
a utility plan for Owner's planned development.
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. Sewer Master Planning Study
In consideration of the City issuing a full site plan permit from the City's Building
Department prior to the completion of the Study, Owner agrees that if the Study, as interpreted by
the City and Abonmarche Consultants only, determines that the Owner's proposed location of the
sewer line and connection pursuant to its development, as set forth in Exhibit A, needs to be moved,
resized, rerouted, or otherwise relocated for any reason, Owner shall, at its sole expense, promptly
relocate said sewer line in order to comply with the recommendations of the Study. The City
agrees to use good faith efforts to facilitate the completion and review of the Study within 75 days.
If no determination regarding changes to the proposed location of the sewer line is made within 75
days, Owner may proceed with its plans and following installation not have obligations under this
section.
2. Construction Representations
The City shall review and approve the engineering design/drawings and inspection in
connection with the installation of the said sanitary sewer line which shall be prepared according
to City standards and specifications (the "Plans"). The Owner shall provide the City with drawings
of record which shall confoz1n 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 the Plans prepared 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 proj ect 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 Plans. 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
by Owner in connection with these systems shall be borne by the Owner.
3. Permits
It shall be Owner's sole responsibility and expense to obtain any and all permits associated
with its planned development.
4. Dedication
If and in the event Owner dedicates the sanitary sewer extension and/or constructed roadway
and utilities associated with the aforementioned development, the Owner shall be responsible for
ensuring the constructed infrastructure including the sanitary sewer, storm sewer, water main,
pavement, curbing, lighting, landscaping, and sidewalk meets the expectations of the City in terms
of duality of construction, materials, inspection, and current condition at the time of dedication. It
shall be the Owner's sole responsibility and expense to perform any necessary repairs, relocations,
rerouting, or any other work associated with bringing the infrastructure up to the current City
standards at the time of dedication. The City shall have final authority on whether or not the
infrastructure meets the City standards and if the roadway and utilities are in appropriate condition
to be dedicated as public right-of-way. Should the dedication occur within three (3) years of the
date of construction completion, the Owner shall supply 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 up to three (3) years from the time of
construction completion. The construction completion date will be considered the later date of
either the date at which the City performs a final inspection on the work performed or the date at
on which the City receives all documentation detailed in Section 2 of this agreement.
5. 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.
6. 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 sewer service by
the City shall be applicable to this agreement.
7. 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.
S. 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.
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