Approving the Fifth Amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities, INC.

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WHEREAS, the parties are now desirous of amending the service area pertaining to said agreement, as amended, by deleting therefrom a portion of Clay Township in St. Joseph County, Indiana, described as Tract A on Exhibit 1 attached hereto and made part hereof, and conditionally deleting from Clay Utilities, Inc. franchised and certificated areas, heretofore granted to Clay Utilities, Inc. by the Public Service Commission of Indiana, all of the remaining service area of Clay Utilities, Inc. in Clay, German, Centre and Denn Town- ships, St. Joseph County, Indiana, other than that describedas Tract B on Exhibit 1 attached hereto and made a part hereof.- NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties now agree as follows: 1. That it is in the best interest of the parties hereto and the public affected thereby that the parties continue the proceedings authorized by and in compliance with Burns Indiana Statutes Annotated, Code Edition I.C. 1971, 19- 3 -11 -5 as added by Acts 1975, P.L. 214 - waterworks; and I.C. 1971, 19 -2 -5.5 as added by Acts 1975, P.L. 211 - sewage works, to the end that a lease - purchase agreement might be executed and become effective as relates to Clay Utilities' St. Joseph County operations. 2. That if the lease - purchase agreement referred to in para- graph 1 is executed, the City of South Bend shall proceed forthwith to acquire from Clay Development Corp. as assignee of Clay Utilities, Inc. the wells and land heretofore purchased by Clay from Aqua, Inc., together with such additions, improvements, betterments, appurtenances, inter- connect and booster station at the price (based on 1.5% depreciation) of $92,985 being the price as appraised by Murphy Consultants, Inc. and Clay Development now covenants and agrees to sell and convey the same for such consideration. -3-