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SEWER AND WATER MAIN EXTENSION AGREEMENT <br />This Sewer and Water Main Extension Agreement ("Agreement") is made on the 23rdday <br />of June 2020 by and between The Reserve at Blackthorn, LLC ("Owner") and the City of South <br />Bend; a municipal corporation existing under the laws of Indiana, acting by and through its Board <br />of Public Works ("City"). <br />WHEREAS, Owner intends to develop 13.8 acres located on Nimtz Parkway just east of <br />St. Joseph Valley Parkway within the existing Blackthorn Golf Club site; and <br />WHEREAS, Owner plans to extend and make additions to the existing water system and <br />connect a private sanitary sewer system to a public sanitary sewer system to serve said <br />development as shown on the Exhibit A, attached and incorporated hereto (the "Dedicated <br />Improvements"), and desires certain commitments from City; and <br />WHEREAS, the engineering design for said Dedicated Improvements has been, or will <br />be, accomplished by competent professional engineers registered and licensed in the State of <br />Indiana; and <br />NOW, THEREFORE, in consideration of the obligations, terms and conditions contained <br />herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as <br />follows: <br />1. Design <br />The Owner shall consult the City and allow the City Engineer or her designee input prior <br />to designating the project engineer who shall be responsible for the engineering design and <br />inspection in connection with the installation of the Dedicated Improvements (the "Project <br />