Utility Connection Agreement - Outlines Conditions for Installation of a Private Irrigation Well – Greenleaf Holdco, LLC

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WHEREAS, the Commission desires to facilitate and assist the Project by financing the Developer's SDC subject to the terms and conditions of this Agreement and in accordance with the Act; and WHEREAS, the Board desires to facilitate the Utility Connection, upon the Developer's compliance with certain terms and conditions, as stated herein. NOW, THEREFORE, in consideration of the mutual promises and obligations stated in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1.1 Recitals. The Recitals set forth above are incorporated into and are a part of this Agreement for all purposes. SECTION 2. DEVELOPER'S OBLIGATIONS. 2.1 Generally. The Parties acknowledge and agree that the Commission's agreements to perform and abide by the covenants and obligations set forth in this Agreement are material consideration for the Developer's commitment to perform and abide by the covenants and obligations of the Developer contained in this Agreement. 2.2 The Utility Connection. (a) No portion of Developer's well water system shall be connected to any portion of the City's water or sewer systems. (b) The Developer will install a backflow prevention mechanism on the City's lateral sewer line to prevent well water from entering the City's system in accordance with the relevant regulations of the State of Indiana, the American Water Works Association, the Environmental Protection Agency, and local codes. (c) The wellhead and all points of use or piping that extend into Developer's building are required to be marked indicating the line as not suitable for human consumption. (d) Prior to drilling any well, the Developer shall notify all property owners within a one -quarter (1/4) mile radius around the wellhead of Developer's intention to drill. (e) A soils and water table review shall be required. (f) Developer shall register as a significant withdrawal facility with the Indiana Department of Natural Resources within three (3) months of the facility's completion per the guidelines in effect as of the date of this Agreement. 2.3 Obtain Necessary Permits or Approvals. The Developer agrees to obtain any and all permits or approvals from any governmental entity and/or any other third parties that the Developer or Department deems necessary or advisable in order to complete the Utility Connection, 2