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LNVINVi 1 ., •
<br />This Utility Connection Agreement (this "Agreement"), is effective as of August 13 ,
<br />2020 (the "Effective Date"), by and between the City of South Bend, Indiana Department of
<br />Redevelopment, acting by and through its governing body, the South Bend Redevelopment
<br />Commission (the "Commission"), the City of South Bend, Indiana (the "City"), acting by and
<br />through its Board of Public Works (the "Board"), and Greenleaf Holdco LLC, a Delaware limited
<br />liability company, with an address of 3820 W. Calvert Street, South Bend, Indiana 46613 (the
<br />"Developer") (each, a "Party," and collectively, the "Parties").
<br />WHEREAS, the Commission exists and operates under the provisions of the
<br />Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the
<br />"Redevelopment Act"); and
<br />WHEREAS, the Redevelopment Act provides that the clearance, replanning, and
<br />redevelopment of redevelopment areas are public uses and purposes for which public money may
<br />be spent; and
<br />WHEREAS, the City's Department of Public Works (the "Department") oversees the
<br />provision of water and sewer utilities to the public, pursuant to I.C. 36-9-2-15, including the
<br />imposition of a System Development Charge ("SDC") pursuant to Chapter 10, Article 17, Sections
<br />17-79 and 17-80 of the City's Municipal Code; and
<br />WHEREAS, the Board is authorized to prepare a plan for and to design the all public drains
<br />and sewers for the City pursuant to I.C. 36-9-6-10 and to oversee all connections to the City's
<br />public sewer system pursuant to I.C. 36-9-22; and
<br />WHEREAS, the Developer owns certain real property described in Exhibit A, together
<br />with all improvements thereon and all easements, rights, licenses, and other interests appurtenant
<br />thereto (collectively, the "Developer Property"), on which the Developer is developing a fully
<br />automated, large-scale, hydroponic greenhouse (the "Project") into which the Developer has or
<br />will invest approximately Fifteen Million Five Hundred Thousand Dollars ($15,500,000); and
<br />WHEREAS, the Developer desires to connect to the City's public water and sewer system
<br />and will also, in part, use private wells (the "Utility Connection"); and
<br />WHEREAS, the Developer Property is located within the corporate boundaries of the City,
<br />within the River West Development Area (the "Area"); and
<br />WHEREAS, the Commission has adopted (and subsequently amended, from time to time)
<br />a development plan, which contemplates development of the Area consistent with the Project; and
<br />WHEREAS, the Commission believes that accomplishing the Project as described herein
<br />is in the best interests of the health, safety, and welfare of the City and its residents; and
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