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Restated and Amended Addendum No 2 - St Joe County Regional Sewer and Water District - Carraige Hills Sewer Service
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Restated and Amended Addendum No 2 - St Joe County Regional Sewer and Water District - Carraige Hills Sewer Service
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4/7/2025 9:02:12 AM
Creation date
7/9/2019 2:55:40 PM
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Board of Public Works
Document Type
Contracts
Document Date
7/9/2019
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WHEREAS, South Bend is agreeable to accepting wastewater from the District <br />and the Project Area and to process and dispose of same; and <br />WHEREAS, the District has applied for a loan through the United States <br />Department of Agriculture Rural Development Loan Program (the "USDA") to facilitate <br />the cost of construction of a wastewater collection system (the "System") in the Carriage <br />Hills Subdivision Sub -District (the "Sub -District"); and <br />WHEREAS, the District intends to issue revenue bonds of the District (the <br />"Bonds") payable from the revenues of the District collected within the Sub -District and <br />USDA will purchase such Bonds to evidence a loan to the District for the purpose of <br />making certain improvements within the Project Area; and <br />WHEREAS, the District and South Bend previously entered into Project <br />Addendum No. 2 dated as of March 28, 2017 in connection with the Project Area <br />("Original Addendum No. 2"); and <br />WHEREAS, the USDA requires that this Amended and Restated Project <br />Addendum No. 2 comply with 7 C.F.R 1780.62 and 1780.63 (collectively, the "Federal <br />Regs."); and <br />WHEREAS, the District and South Bend desire to amend and restate the Original <br />Addendum No. 2 to comply with the Federal Regs. and to address other terms related to <br />the financing of the Project by the District; <br />NOW, THEREFORE, in consideration of the mutual promises and obligations in <br />the Master Agreement and this Amended and Restated Project Addendum No. 2, the <br />adequacy of which is hereby acknowledged, the Parties agree as follows: <br />I. AGREEMENTS OF THE PARTIES. <br />A) The District has advertised and received bids for the construction of a <br />wastewater collection system (the "System") and, upon the USDA's <br />purchase of the Bonds, will construct a wastewater collection system within <br />the Project Area which shall be adequate to service customers within the <br />Project Area. <br />B) South Bend agrees to accept District as a contract customer for the purpose <br />of providing sanitary sewer service to the District's customers within the <br />Project Area of the Sub -District for a term not less than the repayment term <br />of the Bonds, which is expected to be forty (40) years from the date of <br />issuance of the Bonds. In consideration for providing sanitary sewer service <br />to the District's customers within the Sub -District, South Bend shall collect <br />a fee equal to the sewer rates described in K) below. <br />
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