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SEWER AND WATER EXTENSION AGREEMENT <br />This Sewer and Water Extension Agreement (“Agreement”) is made on the 13th. day of <br />September, 2022 by and between the UND Property Owner, LLC (“Owner”) and the City of <br />South Bend, a municipal corporation existing under the laws of Indiana, acting by and through <br />its Board of Public Works (“City”) in accordance with 170 I.A.C. 6-1.5-40. <br />WHEREAS, Owner intends to develop 11.04 acres of real estate located at 1710, 1662 <br />and 1543 Turtle Creek Drive; and <br />WHEREAS, Owner plans to disconnect sewer and water service to the 193 existing <br />dwelling units and extend and make additions to existing water and sanitary sewer systems to serve <br />up to 335 new dwelling units in said development as shown on the Exhibit A, attached and <br />incorporated hereto (the "Dedicated Improvements"), and desires certain commitments from City; <br />and <br />WHEREAS, the engineering design for said Dedicated Improvements has been, or will <br />be, accomplished by competent professional engineers registered and 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, Owner and the City agree as <br />follows: <br />1.Recitals <br />The parties hereto acknowledge and agree that the foregoing recitals are incorporated <br />herein as a part of this Agreement.