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

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WHEREAS, the Parties entered into that certain Addendum No. 2 dated as of March 28, 2017 related to the Carriage Hills Subdivision Sub -District Project ("Project Addendum No. 2); and WHEREAS, upon further review the Original Agreement expired unintentionally on August 23, 2014 prior to the adoption of the First Amendment; and WHEREAS, as set forth in III. G. of the Original Agreement, if the Original Agreement is not renewed or terminates, the City "shall continue to provide all the services agreed to pursuant to, and in accordance with, the terms and conditions of any Project Addendum (as hereinafter defined) entered into between the parties during the term of this Agreement"; and WHEREAS, the District and South Bend desire to (i) amend and restate the Original Agreement in its entirety, (ii) continue Project Addendum No. I and (iii) amend and restate Project Addendum No. 2 to comply with certain requirements of the United States Department of Agriculture ("USDA") in connection with the USDA's purchase of certain bonds to be issued by the District (the "Bonds") for the purpose of financing the improvements contemplated under Project Addendum No. 2; NOW, THEREFORE, in consideration of the mutual promises and obligations in this Master Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The District has an interest in providing for the distribution of water ("Water Service") and/or the collection, treatment and disposal of wastewater and sewer service ("Sewer Service") to areas beyond the area currently served by South Bend `s water distribution and wastewater treatment facilities, or to some areas within South Bend's facility planning area that are many years in the future in terms of contiguity to South Bend corporate limits for orderly growth and annexation. South Bend has considerable experience in water and wastewater utility service. The District wishes to utilize the water distribution and wastewater treatment facilities owned and operated by South Bend. Areas inside South Bend facility planning area, but located outside of the City of South Bend will be served by the District acting as the bulk customer receiving a single monthly service bill based upon the then -applicable rates set forth in the City of South Bend's Sewer Use and Rate Ordinance ("South Bend Sewer Rate Ordinance"), as amended from time -to -time, and as prescribed in a project addendum (the "Project Addendum") for each project agreed upon by the Parties. The District will establish just and equitable rates and charges for Water and Sewer Services within the District that are based upon the costs of furnishing the services, including capital expenditures required, and such rates and charges may be readjusted from time to time in accordance with the Act and Indiana law. Areas outside the South Bend facility planning area may have an additional capital buy -in for their share of the replacement cost of the capacity of the South Bend Plant in Service used -2-