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Compressed Natural Gas Fueling Facility Funding, Development and Operation Interlocal <br />Agreement <br />between <br />The City of South Bend, Indiana <br />and <br />The South Bend Public Transportation Corporation <br />This Compressed Natural Gas Fueling Facility Funding, Development and Operation <br />Agreement (the "Agreement ") is made entered into this — day of 2014 <br />between the City of South Bend (the "City ") and the South Bend Public Transportation <br />Corporation ( "TRANSPO "). <br />Recitals <br />A. The City and TRANSPO are both political subdivisions organized and existing <br />pursuant to the laws of the State of Indiana and St. Joseph County, Indiana. <br />B. The parties, pursuant to Indiana Code § 36 -1 -7, et. seq. are empowered to enter <br />into an Interlocal Agreement with one another for joint or cooperative action of any power or <br />powers, privileges, projects or authority, exercised or capable of being exercised individually by <br />such public agencies, and to cooperate in furtherance of such joint action. <br />C. TRANSPO, is the recipient of a Grant from the United States Department of <br />Energy. The Department of Energy Grant number is DE-EE 001972 (the "Grant "). <br />D. The Grant is issued for TRANSPO to design, develop and construct a compressed <br />natural gas fueling station and facility at TRANSPO's headquarters located at 1401 S. Lafayette <br />Blvd., South Bend, St. Joseph County, Indiana 46624. <br />E. The Department of Energy selected TRANSPO, through its grant selection <br />process, to receive the Grant funding in the approximate amount of $951,500.00. <br />F. The City and TRANSPO would like to partner on any and all further applications <br />to fund the design, development and construction of the compressed natural gas fueling station <br />and facility at TRANSPO's location for their mutual use and benefit. <br />G. This Agreement is being entered to facilitate the design, development and <br />construction of the compressed natural gas fueling station facility, and to provide the terms and <br />