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Home My Public Portal About005-2020 - Sanitation - Sewer Usage Agreement - Nolandsfork Landing - #1p'. SEWER USE AGREEMENT THIS SEWER USE AGREEMENT (hereinafter called "Agreement") made this G..day of November, 20.19, by and 'between the RICHMOND SANITARY DISTRICT of Richmond, Indiana (hereinafter called "DISTRICT"),- and Wade Robertson and Marilyn Robertson, owners of the premises known as Lot 1 of Nolands Fork Landing Subdivision, Richmond, Wayne County, Indiana and more particularly described in Exhibit "A" attached hereto and by reference made a parEhereof, hereinafter called OWNERS. WITNESSETHTHAT: WHEREAS the District owns and operates.a sanitary sewer which sewer is depicted on a certain map, which map is hereto attached and called Exhibit "B'; and WHEREAS, Owners own land within the Nolands Fork Subdivision, which is near the land through which passes the above said sanitary sewer; and WHEREAS, the land .owned by Owners is outside the incorporated area of the City of Richmond, Indiana, and also .said Iand is outside the Richmond Sanitary District of Richmond, Indiana; and WHEREAS, the authority and conditions under which Owners and District may enter. info a contract to permit Owners to connect to a sewer owned by the District are set out in I.C. M-9-25- 14; and WHEREAS, it is advantageous to Owners to connect existing and/or future improvements to -the sanitary sewer of District to discharge into said sewer the effluent from the use of land or improvements thereon owned by the Owners. NOW THEREFORE, in consideration of the covenants, hereinafter set out, agreed to be kept by the District and .Owners as indicated in such covenants, it is hereby agreed by District and Owners as follows: 1. That this Agreement shall be in full force and effect from the date of this Agreement: _. 2. That the Owners, after connection, shall be permitted to discharge, into the sanitary sewer of District, only such effluent as is permissible under the rules and regulations of the Richmond Sanitary District ofthe City of Richmond, Indiana, or as provided by Ordinances of said City.of Richmond, and also subject to such rules and regulations of the United States Government and the State of Indiana as may be applicable. 3. That Owners shall be liable for the construction and maintenance of any sewer connecting to the Sewer of District which serves land owned by Owners and that Owners will construct said Owners' sewer in accordance with the stipulations prescribed by the District, including, but not limited to, size of pipe, type of connection, clean out openings; inspection and. connection before backfilling, and resurfacing of area used for laying of sewer. 4: That District will receive and treat all effluent discharged by Owners into said sanitary sewer owned by District. Contract No. 5-2020 2 5. That this Agreement shall run with the real estate, shall be recorded in the Wayne County Recorder's Office at Owners'. expense, and shall be binding upon Owners, their personal representatives, heirs; devisees, grantees; successors, and assigns as set out in I.C. 36-9- 25-14 (f). 6. That Owners agree that should the land which is the subject of this Agreement (see Exhibit "A" hereof) be annexed to the City of Richmond. and/or Richmond Sanitary District, that Owners will not remonstrate or in any contest such annexation. 7. That the. Owners shall pay, upon the issuance of a sanitary sewer tap permit, the applicable tap permit fee that is in effect at the time of issuance: 8. That the user charge to be paid monthly by Owners for the privilege of discharging effluent into the sanitary sewer of District shall be the applicable rate or rates, including Stormwater fees,. set forth within the City Ordinance in effect at the time of discharge. Said charges shall be billed monthly by the District or its representative. 9. That the Owners. shall pay the current rate or fee for any additional service or services that is provided by the District at which time is becomes available or is utilized by the Owners. 10. That Owners shall not permit any other person or persons, owner or owners, corporation or partnership to connect to the sewer owned by District and constructed under the terms of this Agreement or to discharge effluent into such sewer owned by Owners. It is further mutually agreed and understood by. the District and Owners that this Agreement shall., permit the-discharge.of Owners into the sewer owned by the District of domestic sewage only. It is mutually agreed and understood by the District and Owners that this Agreement is for the purpose of servicing a one family dwelling, which dwelling shall be inhabited by only one family. It is further understood and agreed that should this section of this Agreement not be kept by Owners that District may, at its option, cease receiving effluent from said sewer of Owners without notice. 11. _That upon the real estate subject of this Agreement is annexed into. the Richmond Sanitary District..that this Agreement shall automatically terminate on the effective date of.said annexation. G . 7 IN WITNESS WHEREOF, the District and Owners have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "DISTRICT" "OWNERS" The CITY OF RICH.MOND, INDIANA WADE ROBERTSON & by and through its Board of MARILYN ROBERSTON Sanitary Corn Toners Sue er, President Wade Robertson man Bakshi, Vice President Marilyn` obertson Dated: Greg-Stiens, Member Dated: APPROVED: w 4 STATE OF INDIANA, COUNTY OF WAYNE, SS: Before me, a Notary Public residing in Wayne County, Indiana, personally appeared Sue Miller, President, and Aman Bakshi, Vice President of the Board of Sanitary Commissioners of the City of Richmond, Indiana, and David M. Snow, Mayor, on behalf of the City of Richmond, Indiana, and acknowledged the execution of the foregoing Sewer Use Agreement to be their voluntary acts and deeds. S, my hand and notarial seal this day of November, 2019. Expires: Walter S. Chidester, Notary Public Resident of Wayne County, Indiana /� STATE OF INDIANA, COUNTY OF WAYNE, SS: Before me, a Notary Public residing in Wayne County, Indiana, personally appeared Wade Robertson and Marilyn Robertson and acknowledged the execution of the foregoing Sewer Use Agreement to be their voluntary act and deed. WITNESS, my hand and notarial seal this 1F 1� day of November, 2019. O)A i �2 S, C 1 �1 !� , Notary Public Resident of Wayne County, Indiana a by Walter S. Chidester, Attorney No. 3210-89, Assistant City Attorney I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Walter S. 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