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HomeMy WebLinkAboutPrivate Sewer Facilities Agreement & Right Access License - Outlines Terms for Private Sewer – Four Horsemen Ventures  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 23, 2021 Mr. Matthew Salamone Four Horsemen Ventures, LLC 1533 Skippack Pike Blue Bell, PA 19422 Fourhorsemenventures@gmail.com RE: Belle Terre Private Sewer Facilities Agreement & Right of Access License Dear Mr. Salamone: At its February 23, 2021 meeting, the Board of Public Works approved the above referenced agreement and license which outlines the terms for the private sewer connection to the public sewer manhole at the Belle Terre Subdivision. 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/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh 1 PRIVATE SEWER FACILITIES AGREEMENT AND RIGHT OF ACCESS LICENSE This Private Sewer Facilities Agreement and Right of Access License (collectively referred to hereinafter as the “Agreement”) is made this day of , 202_, by and between the City of South Bend, an Indiana municipality, by and through its Board of Public Works (hereinafter the “City”), and Four Horsemen Ventures, LLC, an Indiana Limited Liability Company (hereafter “Owner”), with its principal place of business located at 1533 Skippack Pike, Blue Bell, PA, 19422 (each a “Party” and collectively referred to herein as the “Parties”). RECITALS WHEREAS, Owner is the owner of fee title interest in certain real property identified as Belle Terre at South Bend Major Subdivision located at 18644 Cleveland Road, and including property located at 53062 Bracken Fern Court and 53184 Bracken Fern Court, in St. Joseph County, Indiana, (the “Property”); and WHEREAS, the legal description of the Property is set forth in Exhibit A, which is attached hereto and incorporated herein by this reference; and WHEREAS, the Property is located outside the boundaries of the City; and WHEREAS, in connection with the Owner’s proposed development of the Property, the Owner desires to construct a private sewer sanitary sewer system on the Property; and WHEREAS, because the sanitary sewer system on the Property is privately owned, it will not in any way be the responsibility of the City for operation, maintenance, repair, replacement or any other purpose; and 23rd. February 1 23rd. February, 2021 10 EXHIBIT A PROPERTY LEGAL DESCRIPTION LEGAL DESCRIPTION: THAT PART OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 19 OF THE PLAT OF “FERNWOOD AT CLEVELAND SECTION ONE” AS RECORDED BY DOCUMENT NUMBER 9312050 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 90°00'00" E., A DISTANCE OF 470.34 FEET MORE OR LESS ALONG THE SOUTH RIGHT- OF-WAY LINE OF CLEVELAND ROAD TO THE NORTHEAST CORNER OF LOT # 59 IN THE PLAT OF “FERNWOOD AT CLEVELAND SECTION THREE” AS RECORDED BY DOCUMENT NUMBER 9505755 IN THE RECORDS OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID LOT # 59 AND LOT # 58 IN SAID PLAT SOUTH, A DISTANCE OF 327.06 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT # 58; THENCE N. 89°42'22" W., ALONG THE SOUTH LINE OF SAID LOT # 58, A DISTANCE OF 49.99 FEET MORE OR LESS TO THE EASTERLY RIGHT-OF-WAY LINE OF BRACKEN FERN COURT; THENCE ALONG SAID RIGHT-OF-WAY AROUND A 50 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 112.54 FEET TO THE END OF A CHORD WHICH BEARS N. 64°18'10" W. AND HAVING A DISTANCE OF 90.24 FEET; THENCE AROUND A 29.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 29.30 FEET TO THE END OF A CHORD WHICH BEARS S. 80°09'42" W. AND HAVING A DISTANCE OF 28.07 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BRACKEN FERN COURT; THENCE ALONG SAID WEST LINE, S. 00°08'29" E., A DISTANCE OF 146.53 FEET; THENCE S. 90°00'00" W. ALONG THE NORTH LINE OF LOTS # 60, 61, 62, AND A PORTION OF LOT # 63 IN SAID PLAT, A DISTANCE OF 310.00 FEET TO THE SOUTHEAST CORNER OF LOT # 15 IN THE PLAT OF “ FERNWOOD AT CLEVELAND SECTION ONE”; THENCE NORTH ALONG THE EAST LINE OF SAID LOT # 15, AND LOTS # 16, 17, 18 AND 19 OF SAID PLAT, A DISTANCE OF 439.01 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.22 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 11 EXHIBIT B BELLE TERRE AT SOUTH BEND MAJOR SUBDIVISION 12 EXHIBIT C ESTIMATE FOR SYSTEM DEVELOPMENT CHARGES Estimate Provided On:12/5/2019 Estimate Provided By:C. Brach Values Unit Type Single Family Homes # of Unit Types 12 houses Estimated Flow (gpd) for Single Family Homes 310 per house Estimated Total Flow for Single Family Homes 3720 gpd Estimated Total Flow for Belle Terre 3720 gpd ERU calculation 12.000 ERU ERU rounddown 12 ERU Sewer SDC Calculation ($1145 per ERU) Water SDC Calculation ($475 per ERU) Estimated Amount Due for Belle Terre Estimated 10% Discounted Total (Payment in full) **Estimate is based on projected uses and calculations provided by owner/consultant** 13,740.00$ 5,700.00$ (4) For multifamily structures (e.g., apartments, condominiums, mobile home communities), each individual unit shall be one (1) ERU. For all other types of structures, the ERU calculation shall be based upon the ratio of Average Daily Flow as computed pursuant to 327 IAC 3-6-11 in relationship to three hundred ten (310) gallons per day. For structures not listed in 327 IAC 3-6-11, the ERU shall be calculated as the relationship between the Average Daily Flow reported in the sewer capacity certification for the structure and three hundred then (310) gallons per day. (5) For customers with greater than twenty (20) ERUs as calculated pursuant to subsection (4) of this section, the ERU shall be adjusted based upon the Peaking Factor as computed herein. The Peaking Factor shall be calculated by dividing the Peak Daily Flow by the Average Daily Flow, both as reported in the sewer capacity certification. In no event will a Peaking Factor less than 2.0 be used for purposes of the adjustment described in this subsection. The Peaking Factor divided by 4.0 (the Peaking Factor for residential connections) will be multiplied by the number of ERUs for purposes of computing the system development charge owed by the customer. The City Board of Works may execute a contract with the customer authorizing an increase to the initial System Development Charge based upon actual usage data that is collected after connection. 19,440.00$ 17,496.00$ Estimate for System Development Charges Belle Terre South Bend, IN (1) For purposes of this section "ERU" shall be defined as an equivalent residential unit which means a single family residence. For purposes of customers that are not single family residences, one (1) ERU shall equal estimated wastewater flows of three hundred ten (310) gallons per day. No customer will be less than one (1) ERU. There will be no partial ERU's. The City shall round down to the closest applicable ERU calculation at all times. (3) System development charges per ERU shall also be collected from existing customers undertaking activities producing a permanent increase in wastewater flow of greater than three hundred ten (310) gallons per day. This subsection shall not apply to an existing customer who has, by contract, purchased reserved capacity from the City so long as the customer's flows remain within the reserved capacity. A permanent increase shall be deemed to have occurred when the average flow rate for six (6) consecutive months exceeds the current flow rate by at least three hundred ten (310) gallons per day. Per the Ordinance of the Common Council of the City of South Bend, System Development Charges are summarized below from Sections 17-79 and 17-80: (2) Except as provided in Subsections (5) and (6) of this section, for every new connection to the South Bend Municipal Sewer Works, a system development charge of one thousand one hundred forty-five dollars ($1,145.00) shall be collected per ERU and additional portion thereof to be connected. All charges shall be billed by the City at the time the application for service is filed. Sec. 17-79. - System Development Charge for Wastewater inside and outside City limits. (2) Except as provided in Subsections (5) and (6) of this section, for every new connection to the South Bend Municipal Water Works, a system development charge of five hundred dollars ($500.00) shall be collected per ERU and additional portion thereof to be connected. All charges shall be billed by the City at the time the application for service is filed. (3) System development charges per ERU shall also be collected from existing customers undertaking activities producing a permanent increase in water flow of greater than three hundred ten (310) gallons per day. This subsection shall not apply to an existing customer who has, by contract, purchased reserved capacity from the City so long as the customer's flows remain within the reserved capacity. A permanent increase shall be deemed to have occurred when the average flow rate for six (6) consecutive months exceeds the current flow rate by at least three hundred ten (310) gallons per day. (a) The property owner may pay all charges in full prior to time the installation work is commenced. Prepayment of expenses in advance under this section shall entitle the owner to a ten (10 ) percent discount of the total charge. Sec. 17-85. - Methods of payment; prepayment with discount; installment plan. (6) Where a prospective customer seeks to connect a new structure on property which replaces a prior structure of a similar use what was located on the same property and which was connected to the South Bend Municipal Sewer Works, no system development charge will be collected. For instance, if the prior structure was a single family structure and the new structure is to be used as a multi-family structure, a system development charge, as contemplated herein this section, shall be charged. The Board of Public Works shall make the final determination of whether the new property structure is a similar use to the prior property structure for the purposes of this subsection. (4) For multifamily structures (e.g., apartments, condominiums, mobile home communities), each individual unit shall be one (1) ERU. For all other types of structures, the ERU calculation shall be based upon the ratio of Average Daily Flow as computed pursuant to 327 IAC 3-6-11 in relationship to three hundred ten (310) gallons per day. For structures not listed in 327 IAC 3-6-11, the ERU shall be calculated as the relationship between the Average Daily Flow reported in the water capacity certification for the structure and three hundred ten (310) gallons per day. (5) For customers with greater than twenty (20) ERUs as calculated pursuant to subsection (4) of this section, the ERU shall be adjusted based upon the Peaking Factor as computed herein. The Peaking Factor shall be calculated by dividing the Peak Daily Flow by the Average Daily Flow, both as reported in the water capacity certification. In no event will a Peaking Factor less than 2.0 be used for purposes of the adjustment described in this subsection. The Peaking Factor divided by 4.0 (the Peaking Factor for residential connections) will be multiplied by the number of ERUs for purposes of computing the system development charge owed by the customer. The City Board of Works may execute a contract with the customer authorizing an increase to the initial System Development Charge based upon actual usage data that is collected after connection. (6) Where a prospective customer seeks to connect a new structure on property which replaces a prior structure of a similar use what was located on the same property and which was connected to the South Bend Municipal Water Works, no system development charge will be collected. For instance, if the prior structure was a single family structure and the new structure is to be used as a multi-family structure, a system development charge, as contemplated herein this section, shall be charged. The Board of Public Works shall make the final determination of whether the new property structure is a similar use to the prior property structure for the purposes of this subsection. Sec. 17-80. - System Development Charge for Water inside and outside City limits. (1) For purposes of this section "ERU" shall be defined as an equivalent residential unit which means a single family residence. For purposes of customers that are not single family residences, one (1) ERU shall equal estimated water flows of three hundred ten (310) gallons per day. No customer will be less than one (1) ERU. There will be no partial ERU's. The City shall round down to the closest applicable ERU calculation at all times. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 15, 2021 Name Kyle Silveus Department Engineering BPW Date February 23, 2021 Phone Extension 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 –Required for 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: Agreement Ease./Encroach Required Information Company or Vendor Name Four Horsemen Ventures, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Belle Terre Sewer Facility Agreement and Right of Entry License Project Number DP19-049 Funding Source N/A Account No. N/A Amount N/A Terms of Contract Purpose/Description Outlines the terms to allow a private sewer connection to a Public Sewer Manhole For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % (%) New Amount $ Total Percent of Change: Increase Decrease % (%) Time Extension Amount: New Completion Date: