MOU - Sanitary Sewer Improvements – St. Joseph County

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MEMORANDUM OF UNDERSTANDING REGARDING SANITARY SEWER SYSTEM UPGRADE This Memorandum of Understanding (“MOU”), is made and entered into this ___ day of ___________, 2024 by and between the St. Joseph County Redevelopment Commission (the “RDC”), the St. Joseph County Board of Commissioners (the “County”), and the City of South Bend, Indiana Board of Public Works (the “City”) collectively referred to as (the “Parties”). RECITALS WHEREAS, the Parties have previously entered into a Memorandum of Understanding to conduct an engineering study (the “Study”) to review certain utility improvement needs for the Sanitary Sewer System (the “SSS”) within the Indiana Enterprise Center (“IEC”); and WHEREAS, the Parties, to meet certain development needs within the IEC, have agreed that certain improvements recommended in the Study are necessary and in need of completion; and WHEREAS, the SSS is currently owned and operated by the City; and WHEREAS, the RDC desires to pay for certain costs associated with the SSS upgrades as to be agreed to by the Parties; and WHEREAS, this MOU serves to summarize the agreement between the parties related to said funding. NOW, THEREFORE, in consideration of the foregoing premises and of the promises and commitments herein contained, the parties hereby understand and agree as follows: 1. SSS Upgrades. Certain SSS upgrades, including but not limited to, Larrison Road Lift Station and Forcemain Replacement Project, Smilax Road Lift Station and Forcemain Replacement Project, Niespodziany Road Lift Station and Forcemain Project, Edison Road & Smilax Road Sanitary Sewer Project, and Larrison Gravity Sewer Project (the “Upgrades”) have been determined by the Parties to be necessary for current and future development in the IEC. The Parties further understand and agree that the RDC and the County, in their discretion, shall make the final decision as to the need and necessity of any of the Upgrades and that by entering into this Agreement, the RDC and the County does not commit, nor do they bind themselves to perform all of the Upgrades. 2. Funding for the Upgrades. The RDC agrees to pay for the entire cost, or find relevant funding sources, of any Upgrades which it agrees to perform and shall dedicate the Upgrades to the City upon completion of the construction. 3. Ownership and Maintenance. While the City shall maintain ownership of the Upgrades and be responsible for the continued and future maintenance of the Upgrades, the construction bidding and inspection process of the contemplated Upgrades and related infrastructure improvements shall be coordinated by the RDC and the County. The City reserves