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

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-2 - 2.The City will issue a credit by February 28, 2021 to those residential customers of the Sub-District who did not meet the Connection Deadline but were billed for City Treatment Rates and Charges on the October 2020 billing or on any billing thereafter which may occur in error prior to December 31, 2020. 3.A residential customer of the Sub-District who does not connect by June 1, 2021 will be billed the City Treatment Rates and Charges beginning in June 2021, consistent with the terms of the Master Agreement and Project Addendum No. 2. 4.Through and including May 31, 2021, the City will be responsible for monitoring and determining which residential customers of the Sub-District have pulled permits for the purpose of connecting to the Project in order to begin billing City Treatment Rates and Charges once connection is complete. 5.Regardless of whether a residential customer of the Sub-District is connected to the Project, the City shall bill such residential customers the Sub-District Rates and Charges. 6.A residential customer of the Sub-District who does not have water service from the City may purchase a meter to measure the volume of sewage discharged from the residence. The meter must be purchased from the City so that it is compatible with City’s meter reading system and must be replaced at intervals no longer than fifteen (15) years. The residential customer shall be responsible for providing the meter setting prior to meter installation. Residential customers without City water service who decide not to purchase a meter will be billed at the City’s then current unmetered sewer rate. 7.This MOU shall terminate on June 1, 2021 or such earlier date by the written mutual consent of both Parties. 8.The parties agree, subject to further proceedings required by law, to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications, as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this MOU and to aid and assist each other in carrying out said terms, provisions and intent. 9.This MOU, and any exhibits attached hereto, may be amended only by the mutual agreement of the Parties, and by the execution of said amendment by the Parties or their successors in interest. 10.Except as otherwise expressly provided herein, this MOU supersedes all prior agreements, negotiations and discussions relative to the subject matter hereof and is a full integration of the agreement of the parties. 11.This MOU shall be construed in accordance with the laws of the State of Indiana. 12.This MOU may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.