MOU - Billing Services for Carriage Hills Subdivision – St. Joseph County Regional Water & Sewer

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MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”), dated _____________ _______, 2021 (“Effective Date”), is between the ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT (“District’) and the CITY OF SOUTH BEND, acting by and through its Board of Public Works (“City”) (each a “Party” and collectively the “Parties”). RECITALS WHEREAS, the Parties have previously entered into an Amended and Restated Master Agreement dated as of July 9, 2019 (the “Master Agreement”) for the purposes of establishing the terms and conditions concerning provision, collection, treatment and disposal of water and sewage within the District‘s service areas, as well as terms and conditions related to certain improvements existing or planned at various locations in and adjacent to the South Bend water and wastewater facility planning areas; and WHEREAS, in furtherance of the Master Agreement, on July 2019, the District and City entered into an Amended and Restated Project Addendum No. (the “Project Addendum No. 2”) to facilitate the connection to sanitary sewers of certain real properties (the “Project”) within or contiguous to the Carriage Hills Subdivision Sub-District of the District (the “Sub-District”); and WHEREAS, the District adopted a rate ordinance on June 3, 2019, as amended on August 6, 2020 (the “District Rate Ordinance”) which required residential customers of the Sub-District to connect to the Project within 120 days of the date such connection was made available, and the deadline expired on November 13, 2020 (the “Connection Deadline”); and WHEREAS, the Parties entered into a Billing Services Agreement dated as of September 1, 2020 (the “Billing Services Agreement”) to provide for billing services by the City for each residential customer within the Sub-District; and WHEREAS, under the Billing Services Agreement a residential customer of the Sub - District is to be billed City Treatment Rates and Charges and Sub-District Rates and Charges (each as defined in the Billing Services Agreement), representing the rates owed to the City and to the District, respectively, as agreed upon in the Master Agreement and Project Addendum No. 2; and WHEREAS, this MOU memorializes the intentions, agreements and expectations of the Parties with respect to how residential customers of the Sub-District who failed to meet the Connection Deadline will be billed under the Billing Services Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual understandings set forth herein, the Parties agree as follows: 1.The District will require all residential customers of the Sub-District who failed to meet the Connection Deadline to connect to the Project by June 1, 2021. January 12