Access to Separate Storm Sewer Agreement DP24-030 - Momentum Development Group

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-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.