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Home My WebLink AboutAccess to Separate Storm Sewer Agreement DP24-030 - Momentum Development Group ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU 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 June 10, 2025 Mr. Mark Neal Momentum Development Group, LLC 510 South Main Street South Bend, IN 46601 markwneal@gmail.com RE: Access to Separate Storm Sewer Agreement Dear Mr. Neal: At its June 10, 2025 meeting, the Board of Public Works approved the above referenced agreement for connection to the separate storm sewer for the Momentum Project at 510 S. Main St. Enclosed please find the original of the agreement for your signature. Please sign and return the agreement to hhorvath@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh -1- ACCESS TO SEPARATE STORM SEWER AGREEMENT THIS ACCESS TO SEPARATE SEWER AGREEMENT (“Agreement”) is entered into as of the 10th day of June, 2025, by the City of South Bend, Indiana, acting through its Board of Public Works (“City”) and Momentum Development Group, LLC located at 510 South Main Street, South Bend, IN 46601s (“Momentum”) and its successors, assigns and transferees. WHEREAS, Momentum is redeveloping an existing facility in South Bend, Indiana; WHEREAS, Momentum’s property located at 510 South Main Street, South Bend, IN 46601 (“the Property”) has one existing storm sewer connection on the north side of the Property and one combined sewer connection on the south side of the Property; WHEREAS, Momentum desires to separate their combined sewer line to transfer surface water drainage from the Property to a conduit of the City’s separate storm sewer system from Exhibit A and continue to use the existing storm connection on the north side of the Property; WHEREAS, City owns the separate storm sewer system on South Main Street, which ultimately connects to the Saint Joseph River; 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 grant Momentum access to the City’s separate storm sewer system which directly abuts the Property for the limited purpose of discharging stormwater runoff from the Property to said separate storm sewer system. 2. Momentum, 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. Momentum 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. Future development and/or redevelopment which may alter the volume of stormwater discharge or layout of stormwater infrastructure beyond the terms of this Agreement and shown in Exhibit A must be designed, constructed, and approved by the City in accordance with local ordinances in effect at the time of such future development and/or redevelopment. -2- 3. Momentum , at its sole expense, must construct a post-construction stormwater quality best management practice plan in order to prevent any illegal discharge of pollutants from entering the separate storm sewer system. 4. City reserves the right to charge a reasonable fee to Momentum for annual use of its separated storm system as defined by present and future local ordinances. 5. City reserves the right to terminate this Agreement in its sole discretion upon twelve (12) month notice to Momentum and revoke any access to the separate storm sewer system. If the City elects to terminate this Agreement and such termination is not based upon Momentum’s negligence or illegal discharge into the City’s storm sewer, the City shall work collaboratively to identify and relocate Momentum’s storm water discharge to a suitable location. Under such a scenario, the costs to relocate storm water discharge shall be shared equally between the parties. Should Momentum elect to terminate this Agreement, it shall be Momentum’s sole responsibility to find an alternative means to discharge its surface water which complies with all local ordinances or state laws. Should Momentum terminate this Agreement, it shall be responsible for all expenses related to its disconnect from the City’s separate storm sewer system. 6. Momentum 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 or any claims or actions brought against the City for an alleged illicit discharge from Momentum or the Property into the City’s storm sewer system. If any action is brought against City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Momentum 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 Momentum without the express written consent of City which such consent may be withheld for any reason. Any violation of this limitation shall terminate this Agreement and forfeit Momentum’s rights under this Agreement. 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 Momentum represents that he/she has been duly authorized to execute this Agreement on behalf of Momentum. -3- IN WITNESS WHEREOF, City and Momentum, 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. Date: _________________________ Date: _________________________ Momentum Development Group, LLC CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ______________________________ ______________________________ Its____________________________ Elizabeth A. Maradik, President ______________________________ Gary A. Gilot, Member ______________________________ Joseph R. Molnar, Member ______________________________ Murray L. Miller, Member ______________________________ Breana N. Micou, Member Member Attest: ______________________________ Theresa Heffner, Clerk Board of Public Works June 10, 2025 Stormwater Pollution Prevention Maintenance Guidelines for Post-Construction BMPs Post-Construction Agreement Property Address or Parcel Number: 510 S. Main Street, South Bend, Indiana; 018-3017-0618 Post-Construction BMP Maintenance Activity Schedule Storm Inlets and Structures Inspect storm inlets and structures and remove built-up vegetation, trash, and debris. Monthly; as needed. Storm Inlets, Structures, and Pipes Inspect pipes located within the structures for signs of clogging or damage, repair as needed. Annually; as needed. OWNER’S ACKNOWLEDGEMENT: The owner of the above property agrees to implement maintenance of the above listed post-construction stormwater best management practices. The owner understands that this is a requirement by the municipality, the federal Clean Water Act, and the Indiana Department of Environmental Management. As part of the agreement, the owner understands that they must allow access to the property by the stormwater inspector. Upon occupancy and/or post-construction inspections, the owner agrees to accept responsibility for the maintenance of any practices found to be in violation by the inspector. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 6/2/2025 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 6/10/2025 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name 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: Access to Separate Storm Sewer Agreement Ease./Encroach Required Information Company or Vendor Name Momentum Development Group New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Momentum Project at 510 South Main St Project Number DP24-030 Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Agreement to connect to separate storm sewer 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: