Restated and Amended Master Agreement - St Joe County Regional Sewer and Water District - Carriage Hills Sewer Service

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AMENDED AND RESTATED MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT, AND THE CITY OF SOUTH BEND, INDIANA (Application to each service area project by exhibits approved by respective boards) THIS AMENDED AND RESTATED MASTER AGREEMENT (as amended and restated, the "Master Agreement"), dated as of July 9, 2019 (the "Effective Date"), is entered into, by and between the St. Joseph County Regional Water & Sewer District ("District') and the City of South Bend, Indiana ("South Bend") acting by and through its Board of Public Works. The District and South Bend may be referred to herein individual as a "Party" or collectively as "Parties." RECITALS WHEREAS, the District, exists and operates under the provisions of Indiana Code 13-26 (the "Act'), as amended from time to time, for the purpose of providing water to domestic, industrial and public users inside and outside the District and providing for the collection, treatment and disposal of sewage inside and outside the District; and WHEREAS, the City of South Bend ("South Bend") is a municipal corporation existing and operating as a political subdivision of the State of Indiana as defined by Indiana Code 36-1- 2-13 and is authorized to enter into a contract to supply water or treat all or part of the sewage and solid waste of the District in accordance with Indiana Code 13-26-5-7(b); and WHEREAS, South Bend owns and operates a wastewater treatment facility and said facility has sufficient capacity to treat all or part of the sewage of the District and is agreeable to accepting wastewater from the District and to process and dispose of same; and WHEREAS, the Parties entered into that certain Master Agreement dated as of August 12, 2010 ("Original Agreement') for the purposes of establishing the terms and conditions concerning provision, collection, treatment and disposal of water and sewage within the District's service areas, as well as 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, the Parties entered into that certain Addendum No. 1 dated as of October 5, 2010 related to Auten Road -SR 933 Sub -District ("Project Addendum No. 1); and WHEREAS, the Parties entered into that certain First Amendment to the Original Agreement dated as of February 14, 2017 for the purpose of extending the term of the Original Agreement; and