The URL can be used to link to this page

Home My WebLink AboutAccess to Separate Storm Sewer Agreement - Downtown Library to Continue to Access the City’s Separate Storm Sewer System - SJCPL1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS June 23, 2020 Ms. Rachel Yike St. Joseph County Public Library 304 S. Main St. South Bend, IN 46601 RE: Access to Separate Storm Sewer Agreement Dear Ms. Yike: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on June 23, 2020, approved the above referenced agreement for continued access to the City's separate storm sewer system for the Main Branch. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR DocuSign Envelope ID: 426C3F30-9100-4C43-A144-18E96242A3AD ACCESS TO SEPARATE STORM SEWER AGREEMENT THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT ("Agreement") is entered into as of the 9th day of June, 2020, by the City of South Bend, Indiana, acting through its Board of Public Works ("City") and St. Joseph County Public Library located at 304 S. Main Street, South Bend, Indiana ("Owner") and its successors, assigns and transferees. WHEREAS, Owner is renovating and adding on to its 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 Wayne Street 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. 3. 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. -1- DocuSign Envelope ID: 426C3F30-9100-4C43-A144-18E96242A3AD 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- DocuSign Envelope ID: 426C3F30-9100-4C43-A144-18E96242A3AD Date: 6/8/2020 Date: June 23, 2020 SAINT JOSEPH COUNTY PUBLIC LIBRARY BOARD OF PUBLIC WORKS DacuSigned by: Mra F a :E 9ffVL33Director Gary A. Gilot, President � 11 r � Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: -42111'e GY'fan& Linda M. Martin, Clerk -3- DocuSign Envelope ID: 426C3F30-9100-4C43-A144-18E96242A3AD Appendix A m O gF11 `9Of U �1 O z R I Fila c4 h m p yy�o F yy ao a�a �6s .O a W C7 Q a2a Q a � c� =R w c, 'a CN z w NVH .66 -133LS NIVIN BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/16/2020 Name Zach Hurst Department DPW BPW Date 06/23/2020 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ® Other: Access to Separate ❑ Ease./Encroach Storm Sewer Agreement Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information St. Josebh Countv Public Libra ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes ❑ SJCPL Downtown Library Renovations DP18-104 Agreement for SJCPL to continue access to City's separate storm sewers system. Rachel Yike <r.yike@sjcpl.org> For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: