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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3. That the aforesaid lease - purchase shall describe only the area and territory as identified as Tract B on Exhibit 1 attached hereto and made a part hereof_, it being the intent and purpose of this provision that upon the final effective date of the aforesaid lease - purchase agreement, the entire remaining service area included in the base agreement of March 22nd, 1965, as amended and included in the indeterminate permits, franchises and certificates of territorial authority of Clay Utilities (in Clay, German, Centre and Penn Town- ships other than those previously leased and /or sold to the City of Mishawaka, Indiana) issued by the Public Service Commission of Indiana shall be surrendered, vacated and /or transferred to the City of South Bend for future services, except for the aforesaid area denoted as Tract B on Exhibit 1. 4. Irrespective of whether or not the proposed lease- purchase agreement as aforesaid is fully implemented, the parties now agree to amend numerical paragraph 1 appearing under "PART 1 - WATER SERVICE," and "PART 2 - SEWER SERVICE," and numerical paragraph 4 under the latter, by deleting from numerical paragraph 1, Tract A as described on Exhibit 1 attached hereto and made a part hereof. It is understood and agreed that this amendment is in all re- spects subject to the approval of the Common Council of the City of South Bend by duly adopted resolution. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to agreement the day and year first above written. CLAY UTILITIES, INC. ATTEST: Homer W. Fitterling, President -4- Maxine O. Fitterling, Secretary