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

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-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.