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DocuSign Envelope ID: 426C3F30-9100-4C43-A144-18E96242A3AD <br />ACCESS TO SEPARATE STORM SEWER AGREEMENT <br />THIS ACCESS TO SEPARATE STORM SEWER AGREEMENT ("Agreement") is <br />entered into as of the 9th day of June, 2020, by the City of South Bend, Indiana, acting through its <br />Board of Public Works ("City") and St. Joseph County Public Library located at 304 S. Main <br />Street, South Bend, Indiana ("Owner") and its successors, assigns and transferees. <br />WHEREAS, Owner is renovating and adding on to its building in South Bend, Indiana; <br />WHEREAS, Owner desires to install infrastructure to transfer surface water drainage <br />from its property to the City's separate storm sewer system, as outlined an Appendix A; <br />WHEREAS, City owns the separate storm sewer system on Wayne Street which abuts <br />the Owner's property and building; and <br />WHEREAS, at the time of execution of this Agreement, City has capacity in its separate <br />storm sewer system. <br />NOW, THEREFORE, for and in consideration of other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as <br />follows: <br />1. City agrees to allow Owner access to the City's separate storm sewer system which <br />directly abuts Owner's property for the limited purpose of discharging overflow <br />stormwater runoff from the Owner's property to said separate storm sewer system. <br />2. Owner, at its sole expense, shall construct, install, and maintain whatever piping and <br />erosion protection infrastructure is necessary to drain its stormwater runoff into the City's <br />separate storm sewer system. Owner shall be permitted temporary access to construct <br />and maintain said infrastructure. However, such infrastructure, and its location, must be <br />designed and constructed in a manner approved by City, and such approval may be <br />withheld for any reason. <br />3. Owner, at its sole expense, and if required by a governmental agency in the future, must <br />construct a post -construction stormwater quality best management practice structure in <br />order to prevent any illegal discharge of pollutants from entering the separate storm <br />sewer system. <br />4. The City reserves its right to charge the Owner a reasonable fee for the Owner's annual <br />use of the City's storm sewer system as defined by present and future City ordinances <br />and regulations. <br />-1- <br />