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Home My WebLink AboutSewer Reimbursement Agreement - David Frame - Sewer Extension Payment to City1316 COUNTY -CITY BUILDING 1 PHONE 574/ 235-9251 PF"A227 W. JEFFERSON BOULEVARD ( FAX 574/ 235-9171 SOUTH BEND. INDIANA 46601-1830 *' ' l 65 , CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDF PUBLIC WORKS September 10, 2019 Mr. David Frame 1411 E. Jackson Road South Bend, IN 46614 RE: Sewer Reimbursement Agreement Dear Mr. Frame: The Board of Public Works, at its meeting held on September 10, 2019, approved the above referenced agreement regarding reimbursement for a portion of sewer extension to your property in the amount of $27,900, paid to the City. 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, M y� Linda M. Martin, Clerks Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU SEWER REIMBURSEMENT AGREEMENT THIS AGREEMENT, effective as of September 10, 2019, by and between Mr. Dave Frame, a residential property owner ('Frame"), and the Civil City of South Bend, Indiana acting by and through its Board of Public Works ("City"). WITNESSETH: WHEREAS, Frame is the owner of certain real property located at 1411 E. Jackson Road, South Bend, Indiana 46614 ("Property"); and WHEREAS, Frame desires to connect to the City's sewer system; and WHEREAS, the City's sewer system does not currently extend to the Property and in order to complete such a connection, the sewer system will have to be extended in a manner consistent with the depiction on Exhibit A attached and incorporated hereto (hereafter referred to as "Extension"). WHEREAS, the City desires that the Extension be constructed to serve the adjacent properties, located at 1407 and 1329 Jackson Road, in the future; thus, the Extension will be greater in both length and depth than would be required to serve the Property. NOW THEREFORE, for and i n consideration of the following agreements and covenants contained herein, and other good and valuable consideration the receipt and sufficiency are hereby acknowledged, the Parties agree as follows: 1. The Recitals set forth above are a part of this Agreement for all purposes. 2. City shall construct the Extension to serve the Property, more particularly described in Exhibit B attached and incorporated herein. The Extension shall be constructed to also serve additional properties that are currently not served by the City, also identified in Exhibit B. 3. The Extension shall be constructed in accordance with the standards, plans and specifications as approved by the City. 4. The total cost of the construction for the Extension is one hundred fifteen thousand, eight hundred twenty dollars ($115,820), as shown in Exhibit C. 5. Frame shall reimburse the City for the portion of the Extension that serves the Property, estimated at one hundred dollars ($100) per linear foot of new sanitary sewer main, or thirty-six thousand, three hundred dollars ($36,300). 6, City shall credit Frame for the engineering design fee, which has been paid by Frame to the engineer, Abonmarche Consultants, Inc., in the amount of eight thousand, four hundred dollars ($8,400). See attached Exhibit D. 7. Thus, the total reimbursement to the City shall be twenty-seven thousand, nine hundred dollars ($27,900). 8, The City shall accept sewage when completed, in a manner consistent with the rules and regulations of the City's sewer department, and the federal, state and local laws, ordinances and regulations applicable thereto. The City shall be responsible for the future maintenance, operation, and costs of the Extension. The parties hereto agree that the City shall not accept any sewage from the Extension until the Extension has been tested and accepted by the City. 9. The parties hereto agree and understand that entities that connect to the sanitary sewer line located in the Service Area are not required to consent to annexation to the City. 10. Frame agrees and undertakes to indemnify and hold the City, 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, Frame agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. IL Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law; but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 12. This Agreement shall be construed and interpreted in accordance with the laws of the State of Indiana. 13, This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 14, The person signing on behalf of Frame represents that s/he has been duly authorized to execute this Agreement on behalf of Frame. IN WITNESS WHEREOF, Frame 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. DAVID FRAME CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS Signature 4ary Gilot, Presicle� _. Printed Name .. aut ....O'Sullivan, _...........................w Member r Genevieve E. Miller, Member 1" ierese Jµ Do'au, ember Eliza eth A. Mar di , Member Y � ., M. Martin, lerl BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date SeL)te ber 3, 201.9 Name Kara Boyles Department Engineering BPW Date September lit 2019 Phone Extension 5933 ��m�mmmmmmmmmH�Amm 555 ... ..... ............... Rey Prior to Submittal to Board �.. �.............. BPW Attorney Attorney Name Dept. Attorney ❑ Attorney Name Purchasing 1:1 Check the A E] Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening E] Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. Other: Agreement Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description ,te Item .T p .._..:. Contract E] Amendment/Addendum Bid Award Quote Award C/O & PCA No. E] Traffic Control Information All Submissions Proposal LJ Special Purchase, QPA n Req. to Advertise (] Reject Bids/Quotes PCA ❑ Resolution Ease./Encroach ❑ Title Sheet Dave me r. Frame r _........ Yes[:] ...... ____ ., . �................. ., �......_ E] If Yes, Approved by Purchasing No ❑ MBE Completed E-Verify Form Attached Yes ❑ WBE No Jackson Road Sanitary Sewer Extension 119-072 Sewer Contractual 641.0621.792.63.35 $27.a,.,.,. 900 —paid to City by Dave Frame Agreement between Mr. Dave Frame and the City of South Bend for Reimbursement for the portion of the Sewer Extension that serves his property. �_........_ F r Chan e Orders Only mm ....... ......... Amount of � r ease $ � De Decrease Previous Amount ........, $ w.w.........................................................................................................................._.......... . Increase......................�.�.�.�.�.�.�.........�ww.w� . Current Percent of Change: Decrease New Amount $ _ ...................�...........................................�.........%�.................................�. Increase.m�.. � ��.�..............................................a� _..._ m.... Total Percent of Change: Decrease %) Time Extension Amount: New Completion Date: