Interlocal Cooperative Agreement - Development of Real Property in Renewable Energy Drive Subdivision

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Page 4 of 16 following and applying at all times the highest professional and technical guidelines and standards. The State shall require from its consultants and/or contractors that their subcontractors or subconsultants adhere to these same standards. The State shall retain the right to remove any individuals or subcontractors who fail to provide satisfactory results. 2.1.8. The State shall notify the CITY when the Facility Project is substantially completed; the CITY shall notify the State of any faults or defects it finds with the Dedicated Improvements no later than one (1) year after substantial completion of the Facilities Project. 2.1.9 If no faults or defects are found within one (1) year after substantial completion of the Facility Project, the CITY shall accept the Dedicated Improvements, and a completion affidavit (“Completion Affidavit”) shall be furnished to the State by the South Bend, Indiana Board of Public Works. If faults or defects are found, the Completion Affidavit shall be furnished immediately after the resolution of these faults and defects. 2.1.10. A breach of Section 2.1 of this Agreement, and its subparts, shall be treated as a material breach of this Agreement. 2.2. Permits. It will be the responsibility of the State’s contractors and consultants to obtain all permits associated with any work contemplated within this Agreement that will take place within CITY easements, CITY right-of-way, or on or to CITY property, including the water main, and to comply with all applicable laws. The contractors and consultants, in addition, shall notify the CITY of their intent of entering onto City owned right-of-way by first seeking a permit from the CITY and shall not conduct any activities that could impact traffic without first obtaining approval from the CITY of a maintenance of traffic plan that complies with the Indiana Manual on Uniform Traffic Control Devices. 2.3. Maintenance of Dedicated Improvements. After the CITY has accepted the Dedicated Improvements, through its issuance of the Completion Affidavit, the City shall be responsible for all maintenance associated with the Dedicated Improvements. The State shall be responsible for the maintenance of its lateral lines that connect to the Dedicated Improvements. 2.4 The Property. 2.4.1. The Parties agree that the CITY’s approval of the subdivision of the Property is contingent upon the INDOT’s execution of the terms of this Agreement, and if this Agreement is terminated under Section 1.4.1, that CITY can exercise its authority to revoke its subdivision approval or exercise other rights it has under Indiana law regarding any subdivision approval it provided to the Seller. 2.4.2. INDOT shall not be responsible for dedicating an easement to the CITY for the Dedicated Improvements; any easement (“Dedicated Easement”) needed by the CITY to the Dedicated Improvements shall be obtained by the CITY from the Seller during the subdivision process or prior to the subdivision process. INDOT shall install the Dedicated Improvements into any Dedicated Easement obtained by the