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Addendum No 2 to Billing Services Agreement - Billing Services for Carriage Hills Project – St. Joseph County Regional Water & Sewer District
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Addendum No 2 to Billing Services Agreement - Billing Services for Carriage Hills Project – St. Joseph County Regional Water & Sewer District
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10/14/2020 3:33:35 PM
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10/14/2020 3:33:33 PM
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Board of Public Works
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Contracts
Document Date
10/13/2020
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BILLING SERVICES AGREEMENT <br />(Carriage Hills Project) <br />This AGREEMENT FOR BILLING SERVICES (the “Agreement”), is mutually agreed to <br />st <br />and made effective as of the 1day of September, 2020, by and between the St. Joseph County <br />Regional Water & Sewer District (the “District”), and the City of South Bend, Indiana, acting by <br />and through its Board of Public Works (the “City”) (each a “Party” and collectively the “Parties”). <br />RECITAL <br />WHEREAS, the District and the City have previously entered into an Amended and <br />Restated Master Agreement dated as of July 9, 2019 (the “Master Agreement”) for the purposes <br />of establishing the terms and conditions concerning provision, collection, treatment and disposal <br />of water and sewage within the District‘s service areas, as well as terms and conditions related to <br />certain improvements existing or planned at various locations in and adjacent to the South Bend <br />water and wastewater facility planning areas; <br />WHEREAS, in furtherance of the Master Agreement, on July 2019, the District and City <br />entered into the Amended and Restated Project Addendum No. (“Project Addendum No. 2”) to <br />facilitate the connection to sanitary sewers of certain real properties within or contiguous to the <br />Carriage Hills Subdivision Sub-District of the District (the “Sub-District”); <br />WHEREAS, under Project Addendum No. 2, the Cityagreed to provide billing services, <br />on behalf of the District, for each residential customer within the Sub-District, at the rates and in <br />the amounts described in Project Addendum No. 2, as may be amended from time to time, as <br />further defined herein; <br />WHEREAS, the District has applied for a loan through the United States Department of <br />Agriculture Rural Development Loan Program (the “USDA”) to facilitate the cost of construction <br />of a wastewater collection system (the “System”) in the Sub-District; and <br />WHEREAS, the District intends to issue revenue bonds of the District (the “Bonds”) and <br />USDA will purchase such Bonds to evidence a loan to the Districtpayable over a period of forty <br />(40)years for the purpose of making certain improvements within the Sub-District; <br />NOW, THEREFORE, in consideration of the mutual promises and obligations in the <br />Master Agreement, the Project Addendum No. 2, and this Agreement, the adequacy of which is <br />hereby acknowledged, the Parties agree as follows: <br />1.BILLING SERVICES <br />1.1.Billing Functions and Responsibilities. The Cityshall be responsible for the <br />preparation, delivery and processing of the Sub-District Rates and Charges for each residential <br />customer within the Sub-District, including the receiving, depositing, posting and processing of <br />customer payments to the appropriate account. <br /> <br />
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