Approving Interlocal Cooperation Agreement between the City of South Bend & St Joseph Co Indiana

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3. The City shall secure the necessary right -of -way by gift, fee, or condemnation, shall secure permits and appropriations, and shall contract for the construction of the new Maple Road, including all necessary on -site soil stabilization. 4. The City shall install a 36" storm sewer at the site of 4nd prier to final construction of new Maple Road to collect water intercepted by or contributed from new Maple Road. Such sewer shall be constructed from State Road 23 northerly to the intersection of new Maple Road and Calvert Street. 5. The City shall maintain new Maple Road from and after the completion of construction, but in no event shall the maintenance contemplated by this Agreement continue to be an obligation of the City under this Agreement for more than Four (4) years from the date of this Agreement; provided, however, that the City agrees to annex the area, including the road, on or before the termination of this Four (4) year period, and County agrees not to'remonstrate against such annexation. 6. The City shall pay for the construction of new Maple Road from funds received from the United States Government as a HUD Urban Development Action Grant relating the the development of the New Energy Company of Indiana site, or its related appurtenances. 7. The County authorizes the City to construct and maintain an extension of West Calvert Stx *_et along the southern boundary of the Rum Village Industrial Park upon land which lies in St. Joseph County, outside the City limits of South Bend. 8. The parties to this Agreement have the authority to enter into this Agreement pursuant to Indiana Code, Title 36, Chapter 7, entitled "Interlocal Cooperation," and specifically Sections 36 -1 -7 -9 and 36- 1 -7 -10. 9. This Agreement supercedes the Interlocal Agreement between the City of South Indiana,.for construction October 9, 1981. 10. This Agreem, and after its approval by County Commissioners, and Bend, Indiana, and St. Joseph County, and maintenance of Maple Road, dated ant shall be in full force and effect from the South Bend Common Council, St. Joseph St. Joseph County Council, recordation in -3-