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SEWER AND WATER MAIN EXTENSION AGREEMENT <br />th <br />This Sewer and WaterMain ExtensionAgreement (“Agreement”) is made on the 13day <br />of October, 2020by and between Five Corners LLC(“Owner”)and the City of South Bend, a <br />municipal corporation existing under the laws of Indiana, acting by and through its Board of Public <br />Works(“City”). <br />WHEREAS,Ownerintends todevelopthe parcels at 1405 East Howard Street and 1505 <br />East Howard Street;and <br />WHEREAS,Ownerplans to extend and makeadditions to existing water and sanitary <br />sewer systems to serve said developmentas shown on the Exhibit A, attached and incorporated <br />hereto (the "Dedicated Improvements"),and desires certain commitments from City;and <br />WHEREAS, the engineering design for said Dedicated Improvementshas been, or will <br />be, accomplished by competent professional engineers registeredand 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,Ownerand 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 designatingthe 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 />Engineer"). The Ownershall inspectthe siteduring construction to ensure the Project Engineer’s <br /> <br />