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M <br />REGULAR MEETING <br />MAY 6, 1985 <br />of South Bend along 73.8% of the boundary of said real <br />estate, as shown on the map attached hereto, made apart <br />hereof, incorporated herein and marked Exhibit B; and <br />WHEREAS, the Developer is proposing the construction of a <br />garden apartment complex on the above described real estate. <br />NOW, THEREFORE, in consideration of the foregoing and the <br />mutual covenants and agreements set forth herein, the <br />parties hereto agree that this Petition for Annexation to <br />the City of South Bend is expressly conditioned upon the <br />Common Council of the City of South Bend adopting an <br />annexation ordinance providing for the following: <br />A. The Owner is the fee simple title holder of 100% of <br />the land in the real estate described in Exhibit A <br />attached hereto and does hereby petition the Common <br />Council of the City of South Bend for voluntary <br />annexation of and to bring within the boundaries of <br />the City the real estate described herein. <br />B. The City agrees that the Developer may connect to <br />existing water mains of the City located along Inwood <br />Road and Topsfield Road and may extend water mains from <br />such connections to serve the development complex. <br />Such main extensions shall be at the Developer's cost <br />and shall be constructed according to published City <br />standards. Should the City deem it advisable that any <br />of such mains should be of a size in excess of that <br />necessary to serve the development complex, the cost <br />of such oversizing shall be paid for by the City. The <br />City shall, if requested by the Developer, furnish <br />engineering and design consultation to the Developer <br />without cost. <br />C. The City has existing storm water retention basins <br />located in the immediate vicinity of Inwood and <br />Ironwood Road. The Developer may construct a <br />drainage system of drains and ponds as it deems <br />necessary at its cost to provide storm water drainage <br />for its property into said City owned retention basin <br />and the City shall accept such drainage without charge <br />to the Developer. <br />D. The City agrees that the Developer may connect without <br />cost, fee or special assessment to existing sewer mains <br />of the City located along Inwood Road and Topsfield Road <br />and may extend sewer mains from such connections to serve <br />the development complex. Such sewer extensions shall be <br />at the Developer's cost and shall be constructed according <br />to published City standards. Should the City deem it <br />advisable that any of such sewers should be of a size in <br />excess of that necessary to serve the development complex, <br />the cost of such oversizing shall be paid for by the City. <br />The City shall, if requested by the Developer, furnish <br />engineering and design consultation to the Developer <br />without cost. <br />E. It is understood and agreed by the parties hereto that <br />there will be no charge to the Owner or Developer for <br />connection of individual units or buildings to sanitary <br />sewers, water mains and/or storm water outfalls. <br />F. The City shall provide police protection to the annexed <br />real estate as soon as any development is constructed <br />and access roads into the real estate have been con- <br />structed and opened. The City shall provide fire <br />protection to the annexed real estate as soon as any <br />