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Home My WebLink AboutAccess to Separate Storm Sewer Agreement - 201 S. Main St. for Emergency Overflow Pipe Installation – Bald Mountain, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. E. Lewis Hansell Bald Mountain, LLC. 21953 Protecta Dr. Elkhart, IN 46516 011 To r�u MACE 1865 CITY OF • BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC1 1 March 10, 2020 RE: Access to Separate Storm Sewer Agreement Dear Mr. Hansell: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on March 10, 2020, approved the above referenced agreement for storm sewer access for 201 S. Main St. for emergency overflow pipe installation. 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, Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR ACCESS TO SEPARATE STORM SEWER AGREEMENT THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT ("Agreement") is entered into as of the loth day of March, by the City of South Bend, Indiana, acting through its Board of Public Works ("City") and Bald Mountain, LLC located at 21953 Protecta Drive, Elkhart, Indiana 46516 ("Owner") and its successors, assigns and transferees. WHEREAS, Owner is constructing a multi -story office building in South Bend, Indiana; WHEREAS, Owner desires to install infrastructure to transfer surface water drainage from its property to the City's separate storm sewer system, as outlined an Appendix A; WHEREAS, City owns the separate storm sewer system on Jefferson Boulevard which abuts the Owner's property and building; 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 Owner access to the City's separate storm sewer system which directly abuts Owner's property for the limited purpose of discharging overflow stormwater runoff from the Owner's property to said separate storm sewer system. 2. Owner, 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. Owner 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. Owner, 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. The City reserves its right to charge the Owner a reasonable fee for the Owner's annual use of the City's storm sewer system as defined by present and future City ordinances and regulations. 5. Should Owner elect to terminate this Agreement, it shall be Owner's sole responsibility to find an alternative means to discharge its surface water which complies with all local ordinances or state laws. Should Owner terminate this Agreement, it shall be responsible for all expenses related to its disconnect from the City's separate storm sewer system. 6. Owner 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, Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 7. This Agreement may not be assigned by Owner without the express written consent of City which such consent may be withheld for any reason; provided however, no consent shall be required for assignment of rights hereunder to any successor owner of the multi- story office building above provided the continued use and level of discharge from such site shall not increase. 8. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 9. 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. 10. The person signing on behalf of Owner represents that he/she has been duly authorized to execute this Agreement on behalf of Owner. IN WITNESS WHEREOF, City and Owner, 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 of page left blank) -2- Date: BALD MOUNTAIN, LLC Its ..3 Date: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS lov- .... Gary A. Gilot, President A. Maradik, Member ..�r�,U--., MexnbeTherese J D W r Jos6h R. Molnar, Member Attest: J.JILMartin Clerk Board of Public Works Appendix A VNVIUNI'UN39 Hinos L33HIS NIVW HMOS LOZ NVIJ smuniun Lei ONialina ivoinywoo qu 3H:)SVWN09VEim DIVNIVINnow alvary OC Ik t; a o I RI? 5 S S zz N J 16 I to 1, BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/03/2020 Name Zach Hurst Department DPW BPW Date 03/10/2020 Phone Extension 3057 Review and /�,1�•oval R.eto��re� Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney]' Attorney Name Dept. Attorney Attorney Name Purchasing 0 Check the Appropriate Item l'ype — Professional Services Agreement ❑ Contract E] Open Market Contract ❑ Amendment/Addendum E] Bid Opening Bid Award n Quote Opening Quote Award EI Proposal Opening C/O & PCA No. E] Chg. Order, No. ❑ Traffic Control ® Other: Storm Sewer Access Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions Proposal LJ Special Purchase, QPA E] Req. to Advertise E] Reject Bids/Quotes PCA [� Resolution ❑ Ease./Encroach ❑ Title Sheel Bald Mountain LLC _.................... ... �] Yesif Yes, Approved by Purchasing No MBE Completed E-Verify Form Attached ❑ No WBE 201 S Main — Barnes and Thornburg Building N/A N/A N/A Bonn sewer access a geement allowing emergencycraergency overflow ipe into City storm sewer system. For Chan e Orders 011 Amount of Increase $ Decrease ($ ) Previous Amount $ �ITITITITITITITITmmITITmmmITIT� Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease _ ( %) Time Extension Amount: New Completion Date: