HomeMy WebLinkAboutConsent and Release3une 5, 2009
To: Mr. Greg Miller, PE
Heritage Engineering, LLC
101 N. 7~ Street
Louisville, KY 40202
From: Chuck Richardson
Waffle House, Inc.
5986 Financial Drive
Norcross, GA 30071
Re: Waffle House #539; Jeffersonville, IN
Property Owner Consent and Release
Mr. Miller,
Attached is the signed copy of the Property Owner Consent and Release as per your
request. We do ask that you or someone from your office contact us to let us know when
you will be on site. This is for two reasons, (1) so our operator is informed of who will
be working in his/her parking lot, (2) so we have the opportunity to have someone on site
when the work is being performed.
Please contact both:
Shelly Estes
Derby City Waffles, LLC
(502) 267-7999 Ext. 20
derby shelly~a,bellsouth.net
Chuck Richardson
Waffle House, Inc.
(770) 729-5804
chuckrichardson(?a,wafflehouse.com
Thank you for your cooperation in this request. Please let me know if there is any other
information you may need.
Sincerely,
o
Chuck Richardson
Reimaging Coordinator
Waffle House, Inc.
City of Jeffersonville
Sewer Board
PROPERTY OWNER
CONSENT AND RELEASE
This agreement, made and entered into in Jeffersonville, Indiana, the Z~ day of
N~ 2001 between IrJa~~ t~ sc , 1,~.c _ ,whose address
is s., In.~.~.~~: ~c . ~ Jeffersonville, Indiana 4713 (hereinafter "Property Owner")
and the City of Jeffersonville Sewer Board, whose address is 500 Quartermaster Court,
Jeffersonville, Indiana 47130 (hereinafter "City").
Whereas, downspouts connected to the City comprehensive .collection and treatment
system cause a substantial increase in water flowing into the system during rain events;
and
Whereas, increased water during rain events from downspouts connections cause-sewer
pipes to overflow and the untreated sewage overflow discharges directly into rivers;
creeks and streams within our community, creating a significant health and
environmental hazard; and
Whereas, Property owner owns property at 5~ S 1~e`~ ~~ ,Jeffersonville,
Indiana 47130 (hereinafter "Property") and said Property has been identified, through
smoke testing, as having downspouts connected directly to the City comprehensive
collection and treatment system; and
Whereas, the City has discussed and explained to Property Owner the options available
to the Property Owner in the disconnection of downspouts:
1. The City agrees to disconnect the .downspouts on the Property in accordance with
the property drainage plan attached hereto and made a part of this Agreement.
The City agrees to pay :all expenses related to the disconnection of the
downspouts and the implementation of the property drainage plan, including
expenses necessary for property restoration. All materials and labor are warranted
for a period of 1 (one) year from the date of completion.
2. Property Owner grants the City and/or its agents, employees and assigns
permission to enter on the Property for the express purpose of disconnecting any
and all downspouts on the Property from the City comprehensive collection and
treatment system and to implement the property drainage plan. Property Owner
further agrees that downspouts may not be reconnected to the City comprehensive
collection and treatment system at any future time except as provided in the
property drainage plan. Property Owner shall be responsible for all future
maintenance of all facilities installed by the City in connection with the
disconnection of downspouts.
3. Property Owner acknowledges that there are not written or oral contracts or
obligations to be assumed by the City except as set forth in this Agreement. The
City shall not honor or be responsible for any agreements entered into by Property
Owner that are not identified herein and made a part of this Agreement. This
Agreement shall be binding upon, and shall insure to the benefit of the executors,
heirs, successors and assigns. of the parties hereto.
4. No part of this Agreement may be altered, modified, or changed in any way
except in writing signed by both of the parties of their duly authorized
representatives.
5. This Agreement shall be governed and construed by the laws of Indiana.
6. The City agrees to indemnify and hold harmless the Property Owner for any loss
or injury that occurs from the City's work in disconnecting the downspouts on the
Property from the City's collection and treatment system.
Property Owner:
By: V Date• 6 y ~
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City of Jeffersonville
Sewer Soar
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Date: l~ ~l' 6
THIS INSTRUMENT PREPARED BY:
RScott Lewis, SewerBoard Attorney
City of Jeffersonville
500 Quartermaster Court
Jeffersonville, IN47130