First Amendment to Master Agreement - St. Joe County Regional Water & Sewer District

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distribution and wastewater treatment facilities, or to some areas within South Bend's facility planning area that are many years in the future in terms of contiguity to South Bend corporate limits for orderly growth and annexation. South Bend has considerable experience in water and wastewater utility service. The District wishes to utilize the water distribution and wastewater treatment facilities owned and operated by South Bend. Areas inside South Bend facility planning area, but located outside of the City of South Bend will be served by the District acting as the bulk customer receiving a single monthly service bill based upon the then -applicable rates set forth in the City of South Bend's Sewer Use and Rate Ordinance, as amended from time -to -time, and as prescribed in the Project Addendum for each project agreed upon by the parties. The District will establish just and equitable rates and charges for Water and Sewer Services within the District that are based upon the costs of furnishing the services, including capital expenditures required, and such rates and charges may be readjusted from time to time in accordance with Indiana law. Areas outside the South Bend facility planning area may have an additional capital buy -in for their share of the replacement cost of the capacity of the South Bend Plant in Service used that was planned and intended for potentially serving full development within the facility planning area, which additional capital buy -in shall be addressed in the Project Addendum for each project agreed to by the parties. Decisions as to whether or not or when to actually expand the South Bend Facilities are in the sole discretion of South Bend. II. AGREEMENTS OF THE PARTIES. A. South Bend's Terms and Conditions — Water System. Unless otherwise agreed to in a Project Addendum for a particular ' project service area in accordance with the provisions of Article III. A., the following terms and conditions will apply: South Bend has Water Facilities that include an extensive distribution system, and hereby agrees to permit District to connect to South Bend's Water Facilities, subject to South Bend's design review and District's agreement to adopt rules and regulations comparable to those rules and regulations that are intended to protect the integrity and quality of South Bend's Water System. South Bend agrees to review District's plans for its water and sewer system and to provide advisory review comments to aid District with the design and construction of its projects. iii. South Bend agrees to accept District as a satellite bulk customer contingent upon District's agreement to: