17-07 INTEK/INKOT Special Rate Agreement

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SPECIAL RATE AGREEMENT Between THE CITY OF SOUTH BEND INDIANA And I/N TEK L.P., a Delaware Limited Partnership 0 I/N KOTE L.P., a Delaware Limited Partnership Regarding WASTE WATER FEES This Special Rate Agreement ( "Agreement ") is entered effective the V day of January, 2017, by and between the City of South Bend, Indiana ( "City") acting by and through its Board of Public Works ( "Board ") and I/N Tek L.P., a Delaware Limited Partnership & I/N Kote L.P., a Delaware Limited Partnership (collectively "I /N Tek ") for the treatment of waste water. WHEREAS, I/N Tek L.P. is currently a wastewater customer of the City and desires to remain a wastewater customer of the City for the duration of this Agreement; and WHEREAS I/N Kote, L.P. is a party to this Agreement as it is a joint operator with I/N Tek L.P. who shares costs for the treatment of waste water provided by City and therefore has third party rights under this Agreement; and WHEREAS, the City desires to keep I/N Tek as a wastewater customer; and WHEREAS, pursuant to Section 17 -29 of the City's Code, the City's Common Council ( "Common Council ") must approve this Agreement prior to it becoming effective; and WHEREAS, in recognition of factors solely unique to I/N Tek, the City hereby acknowledges the following comprehensive list of factors, when taken in aggregate, support the justification of a special rate for wastewater services due to the public benefit received by the City: a. I/N Tek has been a wastewater customer since May 30, 1989, b. at an approximate cost of $8,700,000, which was funded through St. Joseph County TIF, I/N Tek constructed two (2) dedicated wastewater sewer lines between 1989 -1991 from its facility to the City's treatment center; c. I/N Tek, at the City's request, constructed these two (2) wastewater sewer lines at a location, depth and size which accommodated the City's interest in future City development in the vicinity of the wastewater sewer lines,