Special Rate Agreement - I-N Tek L.P. I-N Kote L.P

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SPECIAL RATE AGREEMENT Between THE CITY OF SOUTH BEND INDIANA I/N TEK L.P., a Delaware Limited Partnership M I/N KOTE L.P., a Delaware Limited Partnership Regarding WASTE WATER FEES This Special Rate Agreement ("Agreement") is entered effective the I" day of January, 2017, by and between the City of South Bend, Indiana ("City") acting by and through its Board of Public Works ("Board") and I/N Tek L.P., a Delaware Limited Partnership & I/N Kote L.P., a Delaware Limited Partnership (collectively "I/N'I'ek") for the treatment of waste water. WHEREAS, I/N Tek L.P. is currently a wastewater customer of the City and desires to remain a wastewater customer of the City for the duration of this Agreement; and WHEREAS I/N Kote, L.P. is a party to this Agreement as it is a joint operator with I/N Tek L.P. who shares costs for the treatment of waste water provided by City and therefore has third party rights under this Agreement; and WHEREAS, the City desires to keep I/N Tek as a wastewater customer; and WHEREAS, pursuant to Section 17-29 of the City's Code, the City's Common Council ("Common Council") must approve this Agreement prior to it becoming effective; and WHEREAS, in recognition of factors solely unique to I/N Tek, the City hereby acknowledges the following comprehensive list of factors, when taken in aggregate, support the justification of a special rate for wastewater services due to the public benefit received by the City: a. I/N Tek has been a wastewater customer since May 30, 1989, b. at an approximate cost of $8,700,000, I/N Tek constructed two (2) dedicated wastewater sewer lines between 1989-1991 fiom its facility to the City's treatment center; c. I/N Tek, at the City's request, constructed these two (2) wastewater sewer lines at a location, depth and size which accommodated the City's interest in future City development in the vicinity of the wastewater sewer lines,