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MEMORANDUM OF UNDERSTANDING <br />This Memorandum of Understanding ("Agreement") is made on the 13th day of June, 2017 <br />by and between the GLC Portage Prairie III, LLC ("Owner") and the City of South Bend, a <br />municipal corporation existing under the laws of Indiana, acting by and through its Board of Public <br />Works ("City"). <br />WHEREAS, Owner intends to develop an approximate 29+/- parcel of real estate located <br />within St. Joseph County, Indiana as shown on the attached drawing entitled Exhibit A, attached <br />and incorporated hereto, and; <br />WHEREAS, the City has engaged Abonmarche Consultants to produce a Sewer Master <br />Planning Study ("Study") which will educate and guide the City on future routing of its sanitary <br />sewer lines in and around Owner's real estate, and; <br />and <br />and <br />WHEREAS, the Study has not been completed as of the effective date of this Agreement; <br />WHEREAS, Owner has been advised by the City that the Study is incomplete at this time; <br />WHEREAS, because the Study is incomplete at this time, the City is reluctant to approve <br />a utility plan for Owner's planned development. <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 />