Sewer and Water Service Agreement - Adams Rd. Development Corporation

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collected per ERU. For every new connection to the South Bend Municipal Water Works, a system development charge of $500 shall be collected per ERU. All charges shall be paid to the City at the time the application for connection is filed. Notwithstanding, the terms being offered herein by the City are based on rates being presented to the Common Council of the City of South Bend, Indiana ("Council'). Should the Council reject or otherwise fail to adopt the rates as submitted by the City to Council on September 7, 2016, Owner shall be subject to the current rates described in City Ordinance 17-79 et al, including compact fees. 4. Maintenance Bond Owner agrees to provide the City with a maintenance bond equal to ten (10) percent of the construction costs covering all work performed by the Owner pursuant to this Agreement and such bond shall remain in effect for three (3) years after dedication as described in Section 7 below. 5. Waiver of Remonstration Owner agrees to waive its right to remonstrate and hereby consent to annexation. Further, Owner agrees to execute a petition of annexation upon request by the City. 6. Dedication Upon completion of the construction of said water and sanitary sewer systems, Owner shall also convey an easement and dedicate to the City within such easement all water and sanitary sewer system improvements as depicted in Exhibit B. 7. Indemnification