HomeMy WebLinkAboutSanitary Sewer & Water Extension Agreement & Title Sheet - Develop 1.79 Acres SE Howard – KRG Eddy Street Land III, LLC
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
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
July 13, 2021
Mr. Tom McGowen
KRG Eddy Street Land III, LLC
30 S. Meridian St., Suite 1100
Indianapolis, IN 46204
tmcgowan@kiterealty.com
RE: Sanitary Sewer & Water Extension Agreement
Dear Mr. McGowen:
At its July 13, 2021 meeting, the Board of Public Works approved the above referenced
agreement to develop 1.79 acres located at the Southeast corner of Howard St. & Frances St. for
an extension of municipal sanitary sewer & water to twenty-eight (28) single family homes.
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
SANITARY SEWER AND WATER EXTENSION AGREEMENT
This Sewer and Water Service Agreement (“Agreement”) is made on the 13th. day of
July, 2021 by and between KRG Eddy Street Land III, LLC, an Indiana limited liability
company (“Owner”), and the City of South Bend, a municipal corporation existing under the
laws of Indiana, acting by and through its Board of Public Works (“City”).
WHEREAS, the Owner intends to develop 1.79 acres located at the Southeast corner of
Howard Street and Frances Street, within the City limits, for a twenty-eight (28) lot subdivision to
be used for twenty-eight (28) single-family attached homes; and
WHEREAS, in connection with the needs of Owner’s project, Owner plans to extend and
make additions to existing sanitary sewer and water systems to serve said development as shown
on the Exhibit A, attached and incorporated hereto (the “Dedicated Improvements”), and desires
certain commitments from City; and
WHEREAS, the engineering design for said Dedicated Improvements has been, or will
be, accomplished by competent professional engineers registered and licensed in the State of
Indiana; and
NOW, THEREFORE, in consideration of the obligations, terms and conditions contained
herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as
follows:
1.Recitals
The parties hereto acknowledge and agree that the foregoing recitals are incorporated
herein as a part of this Agreement.
2.Construction Inspection
The Owner has provided the City with Exhibit A, which depicts drawings of the Dedicated
Improvements, which the City acknowledges conforms to the City’s standards. The Owner
shall allow the City to inspect the Dedicated Improvements during construction to ensure
conformance to the agreed standards set forth in Exhibit A, in particular with regard to zoning
requirements, adequacy of design, and quality of construction. The Owner shall contact the
City’s Engineering Department at least two (2) business days in advance to arrange for the
attendance of a City inspector at key milestones throughout work. Key milestones shall include
but not limited to: mandrel deflection testing, sanitary sewer taps, and water main taps. The
Owner agrees to perform any necessary adjustments as reasonably requested by the City to
ensure the Dedicated Improvements are constructed in accordance with Exhibit A.
3.Permits
It shall be Owner’s sole responsibility and expense to obtain any and all permits associated
with the construction and installation of the Dedicated Improvements and to comply with all
applicable laws.
4.Engineer’s Estimate
The Owner has provided an Engineer’s Estimate (See Exhibit B, incorporated herein by
reference and attachment) for the cost to construct the Dedicated Improvements, including but not
limited to, excavation, pipe materials, and all other appurtenant materials, supplies and equipment,
permit fees, backfill and bedding, pavement, curbs, sidewalks, signs, and restoration of the areas
within the R.O.W. and municipal water and sewer easements.
5.Performance Bond
Owner shall provide the City with a performance bond for an amount equal to one hundred
twenty–five percent (125%) of the construction cost covering all work performed or to be
performed pursuant to this Agreement. Owner’s failure to provide the performance bond as
prescribed herein shall cause this Agreement to be immediately terminated and of no effect,
without the requirement of notice. The performance bond shall be provided concurrently with the
execution of this Agreement and attached as Exhibit C.
6.Maintenance Bond
Within ten (10) days of City’s acceptance of the Dedicated Improvements, Owner shall provide
the City with a maintenance bond equal to ten percent (10%) of the construction cost covering all
work performed or to be performed pursuant to this Agreement, and such bond shall remain in
effect for three (3) years after dedication as described in Section 10 below.
7.Term
Except as otherwise provided herein, this Agreement shall continue for a period of sixteen (16)
months from the Effective Date of this Agreement, or upon the issuance of the relevant occupancy
permit(s), whichever occurs last.
8.Dedication
Upon completion of the construction of the Dedicated Improvements substantially as
depicted in Exhibit A, the Owner shall also convey an easement and dedicate to the City within
such easement the Dedicated Improvements as public infrastructure. It is understood by the Owner
that no dedication shall be accepted by the City until all required easements have been conveyed,
accepted, and recorded by the City. It is also understood by Owner and the City that water main
and sanitary sewer constructed in previous phases shall be dedicated to the City. The Owner shall
use its best efforts to work with the City to ensure that the Dedicated Improvements are dedicated
to the City in a timely manner.
Additionally, prior to dedication, the following must be satisfied:
a.All parts and labor must meet the standards and requirements stated in the design
specifications as presented to and accepted by the City's Engineering Department.
b.Lien waivers must be received with regard to all workmanship and materials used in
connection with these improvements.
c.The Completion Affidavit must be furnished to Owner by the South Bend, Indiana Board
of Public Works.
d. Owner must provide copies of test reports or cut sheets on all materials supplied.
e.Owner must provide As-Built drawings in accordance with the City of South Bend
Prevailing Specifications for Public Works, which may be found at
https://southbendin.gov/wp-content/uploads/2020/05/Prevailing-Supplemental-
Specifications.pdf
Owner’s failure to comply with this Section 8 shall be a material breach of this Agreement.
9.System Development Charges
Simultaneously with the execution of this Agreement, the Owner shall pay the City a sum
of $40,824.00 (forty thousand, eight hundred twenty four dollars and 00/100) for access to the
City’s water and sewer sanitary systems set forth as Exhibit D. For purposes of this Section 9 of
the Agreement, an equivalent residential unit (“ERU”) shall mean a single-family residence. For
purposes of customers that are not single-family residences, one ERU shall equal estimated
wastewater and water flows of 310 gallons per day, respectively. No customer will be less than
one ERU.
For every new connection to the South Bend Municipal Sewer Works, a capital contribution
of $1,145 shall be collected per ERU. For every new connection to the South Bend Municipal
Water Works, a system development charge of four hundred seventy-five dollars ($475.00) shall
be collected per ERU and additional portion thereof to be connected. All charges shall be paid to
the City at the time the application for connection is filed. 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 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 310 gallons per day.
For customers with greater than 20 ERUs, 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 and water capacity certifications.
In no event will a Peaking Factor less than 2.0 be used for purposes of the adjustment. 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 capital contribution owed by the customer. The
City reserves the right to require an additional capital contribution should Owner’s flow rate
exceed the predicted level. Such additional capital contribution will be based on the proportional
share of Owner’s use of the City's water and/or sewer sanitary system. .
10.Indemnification
Owner agrees and undertakes to indemnify and hold the City, and 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, Owner agrees to defend such action or proceedings at its own expense and
to pay any judgment rendered therein.
11.Insurance
Owner, or Owner’s contractor, at Owner’s sole expense, shall maintain during the term of this
Agreement, commercial general liability insurance covering the Owner and the Dedicated
Improvements in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence.
Owner understands and agrees the amount of insurance does not in any way limit liability under
this agreement to $5,000,000. The Certificate of Insurance shall be provided concurrently with the
execution of this Agreement and attached as Exhibit E.
12.Assignment
This Agreement may not be assigned by the Owner without the express written consent of the
City which such consent may be withheld for any reason. Any violation of this limitation shall
terminate the City’s obligation and forfeit the Owner’s rights under this Agreement.
13.Material Breach
In the event that either party breaches any of the provisions set forth herein, the non-
breaching party shall provide written notice of the breach to the breaching party. Upon receipt of
the notice, the breaching party shall use its good faith efforts to cure the breach as soon as practical.
In the event the breach is not cured within a reasonable amount of time, the non-breaching party
may pursue its legal and equitable remedies.
14.Governing Law and Jurisdiction
This Agreement shall be construed and interpreted according to the laws of the State of Indiana
and shall be enforced in any court of competent jurisdiction in St. Joseph County, Indiana. It is
further agreed that all provisions of law now or hereafter in effect relating to water and sewer
service by the City shall be applicable to this Agreement.
15.Severability
Wherever 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.
16.Waiver
No provision of this Agreement will be deemed waived, unless such waiver will be in writing
and signed by the party against which the waiver is sought to be enforced. The waiver will not be
construed to be a waiver of any succeeding breach of any such provision, a waiver of the provision
itself, or a waiver of any other provisions of this Agreement. No delay or omission on the part of
either party to exercise or avail itself of any right, power, or privilege that it has or may have under
this Agreement will operate as a waiver of any breach or default.
17.Time
Time is of the essence of this Agreement.
18.Entire Agreement
This Agreement sets forth the entire agreement and understanding between the Owner and the
City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements,
and understanding of any and every nature between them.
19.Corporate Authority
The person signing on behalf of the Owner represents that he/she has been duly authorized to
execute this Agreement on behalf of said Owner.
IN WITNESS WHEREOF, the Owner 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.
(Remainder of page intentionally left blank)
IN WITNESS WHEREOF, the Owner and the City, through their duly authorized
representatives, have caused this Agreement to be executed as of the date 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.
"OWNER"
KRG Eddy Street Land III, LLC .
By:
Printed:
Title:
7KRPDV0F*RZDQ
3UHVLGHQW &KLHI2SHUDWLQJ2IILFHU
EXHIBIT A
DEDICATED IMPROVEMENTS
CITY OF SOUTH BEND, INDIANA PREVAILING SPECIFICATIONS LATEST EDITION,
TO BE USED WITH THESE PLANS.
RECOMMENDATIONS OF CITY STAFF
PLANS PREPARED BY:PLANS PREPARED FOR:
BOARD OF PUBLIC WORKS
TABLE OF CONTENTS STANDARD DRAWINGS
PROJECT SEWER WATER TRAFFIC STREET OTHER
JUNE, 2021
SHEET
1 OF 12
PROJECT
LOCATION
x x
06/20/21
6/21/21
7/1/2021
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
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VARIES
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AT FINISH GRADE
SET ROOT COLLAR
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NTS
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EXCEPT TO REMOVE DEAD AND BROKEN
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PLANT SHAPE (EXCEPT EVERGREEN).
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BRANCHES
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ABOVE GRADE
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1. DO NOT PRUNE EVERGREENS,
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BRANCH TIPS) BY 1/3, RETAINING NORMAL
PLANT SHAPE (EXCEPT EVERGREEN).
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OR WITH CONTAINER PLANTS REMOVE
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BRANCHES
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MOUND SOIL TO
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NTS
3" TO 4" OF MULCH
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1/3 OF BALL
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SEE NOTES AND
SPECIFICATIONS
GENERAL LANDSCAPE NOTES:
1. CONTRACTOR SHALL BE RESPONSIBLE TO NOTIFY ALL UTILITY COMPANIES AND VERIFY LOCATION OF ALL PRIVATE
AND PUBLIC ON SITE UTILITIES PRIOR TO CONSTRUCTION.
2. CONTRACTOR SHALL BE RESPONSIBLE FOR THE VERIFICATION OF ALL SITE CONDITIONS WHICH MAY EFFECT THE
LANDSCAPE PLANT MATERIALS AND SITE AMENITY INSTALLATION. CONTRACTOR ALSO MUST NOTIFY LANDSCAPE
ARCHITECT OF CONDITIONS THAT MAY BE DETRIMENTAL TO HEALTHY PLANT DEVELOPMENT, OR MAY CAUSE VOID
TO PLANT WARRANTY.
3. CONTRACTOR SHALL BE RESPONSIBLE FOR THE INSTALLATION OF ALL LANDSCAPE MATERIALS IN ACCORDANCE
WITH THE LATEST EDITION OF THE "USA STANDARD FOR NURSERY STOCK", PUBLISHED BY THE AMERICAN ASSOCIATION
OF NURSERY MEN, INC.
4. CONTRACTOR SHALL BE RESPONSIBLE FOR A MINIMUM OF (1) YEAR GUARANTEE FOR ALL PLANT MATERIALS FROM
THE DATE OF SUBSTANTIAL COMPLETION. ANY DEAD PLANT MATERIALS SHALL BE REPLACED WITH MATERIAL EQUAL
IN SIZE AND QUALITY AS LISTED IN THE MASTER PLANT LIST. ALL COST FOR REPLACING PLANT MATERIALS WITHIN THE
GUARANTEE PERIOD WILL BE AT THE RESPONSIBILITY OF THE CONTRACTOR.
5. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR COORDINATION WITH OTHER WORK DISCIPLINES TO ENSURE
NO CONFLICT BETWEEN WORK TYPES.
6. ALL DECIDUOUS TREES AND EVERGREEN TREES SHALL BE BALLED AND BURLAP UNLESS OTHERWISE NOTED.
7. ALL SHRUBS MAY BE CONTAINER GROWN OR BALLED AND BURLAP.
8. THE CALIPER SIZE LISTED ON THE MASTER PLANT LIST INDICATES THE DIAMETER OF THE TRUNK TAKEN AT 6" ABOVE
THE GROUND LEVEL.
9. SPACE PLANT MATERIALS AS INDICATED ON MASTER PLANT LIST OR PER PROPER HORTICULTURAL
METHODS.
10. CONTRACTOR SHALL PROVIDE A TWO YEAR STRAIGHTENING GUARANTEE IN LIEU OF STACKING AND GUYING TREES.
11. CONTRACTOR SHALL VERIFY QUANTITIES OF PROPOSED PLANT MATERIALS AND SITE AMENITIES SHOW ON THE
MASTER MATERIALS LIST AND PLANS. IF A DISCREPANCY APPEARS, THE ACTUAL COUNT ON THE PLANS SHALL
PREVAIL.
12. KEEP BALLED AND CONTAINER PLANT MATERIAL WATERED UNTIL THEY ARE PLANTED. IF PLANTS CANNOT BE PLANTED
IMMEDIATELY, THEY SHOULD BE HEELED IN AND COVERED WITH MULCH UNTIL TIME OF PLANTING.
13. CONDUCT SOILS TEST TO VERIFY FERTILITY OF TOPSOIL. AMEND SOIL IF PH IS LESS THAN 5.0 OR GREATER THAN 7.5.
MAKE OTHER ADJUSTMENTS AS SOIL ANALYSIS INDICATES. ALL FINE GRADE SOIL PREPARATION OF PLANTINGAND
LAWN AREAS SHALL BE PERFORMED BY THE LANDSCAPE CONTRACTOR UNLESS OTHERWISE SPECIFIED .
14. TOPSOIL DEPTH TO BE A MINIMUM OF 6" IN ALL PLANTING BEDS AND 3" IN LAWN AREAS. GENERAL CONTRACTOR IS TO SUPPLY
TOPSOIL TO THESE STANDARDS AND PROVIDE FINISH GRADE. LANDSCAPE CONTRACTOR TO PROVIDE FINAL GRADE FOR SEED
APPLICATION AND PLANT MATERIAL INSTALLATION. TOPSOIL TO BE CLEAN FRIABLE LOAM FROM LOCAL SOURCE AND FREE FROM
STONES AND DEBRIS OVER 3/4" IN DIAMETER. TOPSOIL MUST BE FREE FROM TOXINS AND HERBICIDES.
15. LANDSCAPE BEDS SHALL BE DEFINED BY COMMERCIAL GRADE 5" BLACK VINYL EDGING, PRODUCED BY AN
ESTABLISHED MANUFACTURER OR APPROVED EQUAL.
16. LANDSCAPE BEDS TO RECEIVE 3"- 4" INDUSTRY STANDARD SHREDDED HARDWOOD BARK MULCH.
17. ALL TREES NOT INCORPORATED INTO THE LANDSCAPE BEDS ARE TO RECEIVE A 3' RADIUS MULCH RING, 3" DEEP.
18. APPLY PRE-EMERGENT HERBICIDE TO ALL LANDSCAPE BEDS PRIOR TO MULCHING.
19. HYDROSEED: INSTALL HYDROSEED PER COMMON INDUSTRY STANDARDS WHERE INDICATED ON PLANS.
SEED MIXTURE:
37.50% PERENIIAL RYE
31.00% KENTUCKY BLUE
31.50% CREEPING RED FESCUE
20. ALL LANDSCAPE & LAWN AREAS SHALL BE 100% IRRIGATED. IRRIGATION CONTRACTOR SHALL INSTALL ALL REQUIRED IRRIGATION
STRUCTURES, PIPES, TAPS, VALVES, WIRING, BACK FLOW PREVENTERS, METERS, ETC. ALL UNDER PAVEMENT SLEEVES SHALL BE
COORDINATED AND INSTALLED PRIOR TO PAVEMENT INSTALLATION BY THE SITE CONTRACTOR. ALL IRRIGATION PLANS ARE TO BE
DESIGN BY A CERTIFIED IRRIGATION DESIGNER AND APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO ANY INSTALLATION.
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7(DAY)
4(LPS)
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45(PAC)
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DocuSign Envelope ID: 45B90E02-8953-4803-A377-638ADC3005BD
DocuSign Envelope ID: 45B90E02-8953-4803-A377-638ADC3005BD
DocuSign Envelope ID: 45B90E02-8953-4803-A377-638ADC3005BD
ASPHALT PAVEMENT (SITE)1
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DocuSign Envelope ID: 45B90E02-8953-4803-A377-638ADC3005BD
1
DocuSign Envelope ID: 45B90E02-8953-4803-A377-638ADC3005BD
EXHIBIT B
ENGINEER’S ESTIMATE
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EXHIBIT C
PERFORMANCE BOND
EXHIBIT D
SYSTEM DEVELOPMENT CHARGE
Estimate Provided On: 5/3/2021
Estimate Provided By: C. Brach
Values Unit Type
Multi-Family Dwelling # of Unit Types 28 units
Estimated Flow (gpd) for Multi-Family Dwelling 310 per unit
Estimated Total Flow for Multi-Family Dwelling 8680 gpd
Estimated Total Flow for Eddy Street Phase III
Townhomes 8680 gpd
ERU calculation 28.000 ERU
ERU rounddown 28 ERU
Sewer SDC Calculation ($1145 per ERU)
Water SDC Calculation ($475 per ERU)
Estimated Amount Due for Eddy Street Phase III
Townhomes
Estimated 10% Discounted Total (Payment in full)
**Estimate is based on projected uses and calculations provided by owner/consultant**
32,060.00$
13,300.00$
(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.
45,360.00$
40,824.00$
Estimate for System Development Charges
Eddy Street Phase III Townhomes
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.
(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.
(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.
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.
(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 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.
EXHIBIT E
CERTIFICATE OF INSURANCE
6HHEHORZ
RE: Eddy Street Commons - 1233, 1234 & 1251 N. Eddy Street, South Bend, IN 46617
Additional Named Insureds: KRG Eddy Street Commons, LLC & Eddy Street Commons at Notre Dame Master Association, Inc.
KITEREA1
3/8/2021
Tim Baumann
Commercial Lines - (404) 923-3700 470.875.0517 610-537-1929
USI Insurance Services LLC tim.baumann@usi.com
1 Concourse Parkway NE, Suite 700
Atlanta, GA 30328 Endurance Assurance Corporation 11551
Sompo America Insurance Company 11126
Kite Realty Group Trust Markel American Insurance Company 28932
30 S. Meridian St.,Navigators Insurance Company 42307
Suite 1100
Indianapolis, IN 46204
15313255
XA GGR10012604103 1,000,00003/01/2021 03/01/2022
X 1,000,000
Excluded
1,000,000
2,000,000
X 2,000,000
B ADVS1127B0 03/01/2021 03/01/2022 1,000,000
X
X X
X XC MKLM6MM70000289 03/01/2021 03/01/2022 10,000,000
10,000,000
X 10,000
B WCDS1050Y0 03/01/2021 03/01/2022 X
1,000,000
N 1,000,000
1,000,000
D Excess - $15M xs $10M GA21EXRZ042PGIV 03/01/202103/01/2021 03/01/2022 Excess - $15M xs $10M
(This certificate replaces certificate# 15304287 issued on 3/3/2021)
City of South Bend
Department of Public Works, Engineering Division
227 W Jefferson Blvd., Suite 1316
South Bend, IN 46601
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 7/6/2021 Department Engineering
Name Kyle Silveus Phone Extension
BPW Date 7/13/2021 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. Resolution
Chg. Order, No. Traffic Control Ease./Encroach
Other: Sanitary Sewer and
Water Extension Agreement
Ease./Encroach
Required Information
Company or Vendor Name N/A
New Vendor Yes If Yes, Approved by Purchasing
No C
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Eddy St. Phase III Townhomes
Project Number DP20-060
Funding Source N/A
Account No. N/A
Amount N/A
Terms of Contract N/A
Purpose/Description Owner intends to develop 1.79 acres located at the SE corner of Howard
St. and Frances St., within the city limits. This agreement outlines terms
for the extension of municipal sanitary sewer and water to serve 28 single-
family attached homes
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: