Sewer and Water Main Extension Agreement - Extend City Utilities to Fredrickson Commons

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SEWER AND WATER MAIN EXTENSION AGREEMENT This Sewer and Water Main Extension Agreement ("Agreement") is made on the 131h day of October, 2020 by and between Five Corners LLC ("Owner") and the City of South Bend, a municipal corporation existing under the laws of Indiana, acting by and through its Board of Public Works ("City") WHEREAS, Owner intends to develop the parcels at 1405 East Howard Street and 1505 East Howard Street; and WHEREAS, Owner plans to extend and make additions to existing water and sanitary sewer systems to serve said development as shown on the Exhibit A, attached and incorporated hereto (the "Dedicated Improvements"), and desires certain commitments from City; and WHEREAS, the engineering design for said Dedicated Improvements has been, or will be, accomplished by competent professional engineers registered and licensed in the State of Indiana; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: 1. Design The Owner shall consult the City and allow the City Engineer or her designee input prior to designating the project engineer who shall be responsible for the engineering design and inspection in connection with the installation of the Dedicated Improvements (the "Project Engineer"). The Owner shall inspect the site during construction to ensure the Project Engineer's