First Amendment to Master Agreement - St. Joe County Regional Water & Sewer District

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FIRST AMENDMENT TO THE MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT AND THE CITY OF SOUTH BEND INDIANA THIS FIRST AMENDMENT TO THE MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT AND THE CITY OF SOUTH BEND, INDIANA ("First Amendment") is entered into effective as of the V*day of February 2017, by and between the ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT (the "District"), and THE CITY OF SOUTH BEND, INDIANA, acting by and through its Board of Public Works ("South Bend"). RECITALS: WHEREAS, the District and South Bend entered into a Master Agreement, effective August 12, 2010, (the "Master Agreement"), which Master Agreement established the terms and conditions regarding the provision, collection treatment and disposal of water and sewage within the District's service areas, as well as the terms and conditions related to certain improvements existing or planned at various locations in and adjacent to the South Bend water and wastewater facility planning areas; and WHEREAS, consistent with and in furtherance of the Master Agreement, the District and South Bend entered into a the Auten Road-SR933 Sub -District Project as Addendum No. 1, dated October 5, 2010, whereby South Bend accepts and treats wastewater from the District's Auten Road-SR933 Sub -District as a bulk customer, which treatment services continue; and WHEREAS, the Master Agreement by its terms provided for termination at the end of a four (4) year term unless renewed by the Parties; and WHEREAS, District and South Bend have discussed providing additional services to the Carriage Hills Subdivision and as a condition of the District receiving financial assistance from the U.S. Department of Agriculture on behalf of the approximately 165 customers that require wastewater services within the Carriage Hills Subdivision, the U.S. Department of Agriculture requires an extended agreement with the City to provide wastewater treatment services; and WHEREAS, the District and South Bend agree it is in the best interests of both Parties and the residents and businesses served, respectively, the Parties desire to amend the Master Agreement to extend its term; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto enter into the following First Amendment: Section 1. Effect of this First Amendment. This First Amendment shall not change, modify, amend or revise the terms, conditions and provisions of the Master Agreement, the terms, conditions and provisions of which are hereby incorporated herein by reference, except as