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Home My WebLink AboutSanitary Sewer Access Agreement - Zaremba Group1316 COUNTY-Crry BuiLDING' 227 W, JEFFERSON BOULEVARD Souni BEND. INDIANA 46601-1830 CITY OF SOUTH BENT) PETEBUYFIGIEG, MAYOR BOARD OF PUBLIC WORKS July 10, 2018 Carrie Offtermatt Zaremba Group, LLC 14600 Detroit Avenue, Suite 1500 Lakewood, 01144107 RE: Sanitary Sewer Access Agreement Dear Ms. Offtermatt: PHONE 574/235-9,251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on July 10, 2018, approved the above referenced agreement in the amount of $10, to allow the City sewer department access to the sewer located in a separate easement behind the Dollar General store on South Michigan Street Enclosed please find a copy of the agreement 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 ,GARY A. Gii,ur SUZANNA M. FRITZBER(3 ELIZABE'm A. MARADIK JAMEs A. MUELLER THERESE'J. DORAU SANITARY SEWER EASEMENT THIS SANITARY SEWER EASEMENT (the "Agreement") is made this � day of UWA , 2018 by and between SOUTH BEND MICHIGAN STREET BTS RETAIL, LLC, aAAndiana limited liability company (hereinafter referred to as "BTS"), and THE CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS, a municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, BTS is the owner of that certain tract or parcel of land lying and being in the City of South Bend, St. Joseph County, Indiana, being more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference (hereinafter referred to as the "BTS Tract"); and WHEREAS, BTS shall grant an easement to the City over an approximately fifteen foot (15') wide portion of the BTS Tract to provide access to an existing sanitary sewer manhole located in the US-31 right-of-way, near the northwest corner of the BTS Tract, as depicted on Exhibit "B" attached hereto and made a part hereof; and WHEREAS, BTS and the City desire to establish certain easements and rights benefiting and burdening the BTS Tract and the parties, as hereinafter provided. NOW, THEREFORE, for and in consideration of Ten and Noll 00 Dollars ($10.00), the premises, the mutual benefits to be derived by the provisions of this Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by the parties hereto, BTS and the City do hereby covenant and agree as follows: 1. Benefited Parties/Binding Effect. The rights, easements and obligations established in this Agreement shall be for the benefit of the parties and shall run with the land and be binding upon the parties. The parties may delegate the right to use and maintain the easement granted herein to its employees, agents, contractors and licensees, successors and assigns. 2. Sanita Sewer Easement in Favor of the Cit . BTS hereby grants and conveys to the City, a non-exclusive, perpetual easement, for the right to enter upon an approximately fifteen foot (15') wide portion of the BTS Tract, being depicted on Exhibit "B" as the "Sanitary Sewer Access Easement", to provide access to the existing sanitary sewer manhole located in the US-31 right-of-way, near the northwest corner of the BTS Tract. 3. No Interference. The City accepts this easement and right-of-way granted hereto and covenants and agrees that in no event shall the City's activities prevent BTS from operating its use on the BTS Tract. 4. Insurance. The City shall provide BTS with proof of personal injury/property damage insurance in the form of a certificate of insurance in the amount of at least $1,000,000.00/$1,000,000.00 from time to time upon request. The insurance set forth herein may be carried in any combination of primary and excess liability policies so long as the total insurance coverage meets the requirements of this Paragraph 4. 5. Indemnification. The City shall pay and protect, defend, indemnify and hold harmless BTS, its successors, and assigns from and against any and all claims, demands, liabilities, losses, lawsuits, judgments, settlements, damages, costs and expenses (including, without limitation, attorneys' fees and costs) suffered or incurred by BTS, its tenants, agents, servants, employees or invitees as a result of any personal injury, death, or property damage arising from the negligent or willful acts or omissions of the City, its agents, servants or employees during the City's use of the BTS Tract. 6. Extent of Liability. The City agrees that any claim against BTS shall be confined to and satisfied only out of, and only to the extent of, BTS's interest in the BTS Tract, as such interest is constituted from time to time. Nothing contained in this paragraph shall limit or affect any right that any party might otherwise have to seek or to obtain injunctive relief or to specifically enforce the rights and agreements herein set forth. 7. Duration. The provisions of this Agreement shall run with and bind the land described herein and shall be and remain in effect perpetually to the extent permitted by law. 8. Severability. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or validate any other provisions hereof and such other provisions shall remain in full force and effect. 9. Miscellaneous. This Agreement shall be governed in accordance with the laws of the State of Indiana. The paragraph headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers. No party hereto shall be obligated to take any action to enforce the terms of this Agreement or to exercise any easement, right, power, privilege or remedy granted, created, conferred or established hereunder. This Agreement may be amended, modified or terminated only in writing, executed and acknowledged by all parties to this Agreement or their respective successors or assigns. Time is of the essence of this Agreement. [remainder of page intentionally left blank; signatures to follow] -2- IN WITNESS WHEREOF, BTS and the City have set their hands and seals as of the day, month and year first above written. MM SOUTH BEND MICHIGAN STREET BTS RETAIL, LLC, an Indiana limited liability company By: Name: Alton G. Sulin Title: Authorized Signatory STATE OF OHIO COUNTY OF CUYAHOGA I The foregoing instrument was acknowledged before me this 20th day of June, 2018, by Alton G. Sulin, Authorized Signatory of SOUTH BEND MICHIGAN STREET BTS RETAIL, LLC, an Indiana limited liability company, on behalf of the limited liability company. OMIM1111111// \111\0'1"�NRIAL ., ' / .......///- le DORIS E. ARDO NOYARY PUBLIC ATE OF OHIO omm. Expires z October 31, 2018 in Recorded Medina Couniy NO , I e V Notary 'elI14� �'el N —��P�Al�ie-: ,oris E. Ardo My Commission Expires: October 31, 2018 N mmJ �-111,112 SS: COUNTY OF ST. JOSEPH THE CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS,a municipal corporation Its: Sworn to before me and subscribed in my mesence this /0 day of 20 /On, by ek�-rllM Z the of- I-3L k1�nf ThE QJTF SOUTH - i1C3 41,- , Y O BEND DEPARTMENT OF PUBLIC WORKS,' a municipal corporation, who acknowledged the same to be his/her free act and deed and the free act and deed of the municipal corporation. LINDA M MARTIN Notary Public- Seal State of Indiana Tiotry Public My Commission Expires Jun 20, 2020 iu p:\Iegal\wpdata\easements-ficenses\dollar general easement agreements\dg - south bend (michigan), in (city of south bend)(sanitary) rev06,20.18,doc W This document was prepared by: Rebekah E. Fisher, Esq., Fisher Matthews PLLC, 414 Bridge Street, Franklin, Tennessee 37064 When recorded, return to: Fisher Matthews PLLC, 414 Bridge Street, Franklin, Tennessee 37064 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security er i this document, unless required by law ebekah E. Fisher N U-N . . . ....... 1 Inch = 40 fL Smth nd icStreet -el BTS-Retail, - LLC 1712020 Exhibit SWEET 174E anTe AlnginarrlPROPOSED SEWER ACCESS EASEMENT 03109/2018 L� /j A I � H' N1 B A G I UP June 21, 2018 VIA FEDERAL EXPRESS STANDARD OVERNIGHT DELIVERY Carl Littrell City of South Bend, Indiana Dept. of Public Works, Engineering Div. 1316 County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: Sanitary Sewer Easement Dollar General — South Michigan St., South Bend, St. Joseph County, IN Mr. Littrell: With respect to the above referenced project, enclosed please find a Sanitary Easement which has been signed on behalf of the owner and is being forwarded to you for the City's execution and recording purposes. We ask that you provide us with a copy of the easement agreement, once recorded. Please contact John Wojtila, of our company, in the event you have any questions. Very truly yours, SOUTH BEND MICHAGAN STREET BTS RETAIL, LLC Carrie L. Offiermatt Director of Real Estate Transactions CLO:dea Enclosures cc: Whitney Pizzala—AR Engineering (via email) John Wcjtila Emily Crouch ZAREMBA C,'ROUP, LLC', 14600 Dintun, )W�,wr, 9 SUATE h500 Omn44107 (2 16) 22 1 -6600 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date June 26,2018 Name Carl Littrell Department DPW — Engineering BPW Date Jul y 9110, 2018 Phone Extension 4,91 Legal Attorney Name Clara McDaniels Controller review is required for all Contracts $5,000.00 or more Controller El and greater than one year in length per the City Purchasing Policy Purchasing F1 L] Agreement 0 Professional Services F] Bid Opening QI Quote Opening F-1 Chg Order No. Z Ease./Encroach, F-1 Other: Company or Vendor Name 7 1% Am N U.-T, Me Project Name Project Number Funding Source Account No. Amount Terms of Contract L Contract El Amendment ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. F-1 Traffic Control a =6 E] Req. to Advertise PCA Resolution Claim Yes LJ If Yes, Approved by Purchasing No Addendum El Title Sheet F'WBE F1 Completed E-Verify Form Attached F-1 Yes No Dollar General Store — South Michigan Street DPO17-089 HE Purpose/Description The store developer, Zaremba Group, grants a perpetual access easement across its property to allow Sewer Bureau access to sewer that is in a separate easement behind the store. Amount of F] increase $ F] Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Time Extension: Dispersal After Approval Copy Original El H After recording — to Archives & GIS 0 F-1 Carrie L. Offtermatt, Zaremba Group, LLC. M 0 Whitney Pizzala, AR Engineering