Water and Sanitary Service Agreement - Utility Extension and Title Sheet for Audubon Woods Section 2

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ADDENDUM TO THE MASTER AGREEMENT BY AND BETWEEN THE ST.,JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT, AND THE CITY OF SOUTH BEND, INDIANA Project Narne: AUTEN ROAD -SR 933 SUB -DISTRICT Date: October 5, 2010 (Application to each service area project by exhibits approved by respective boards) THIS PROJECT ADDENDUM NO. I is mutually agreed to and made effective the day of October 2010 (the "Effective Date"), by and between the St. Joseph County Regional Water & Sewer District, and the City of South Bend, Indiana acting by and through its Board of Public Works. RECITALS WHEREAS, THE MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT, AND THE CITY OF SOUTH BEND, INDIANA, dated effective Augustil.,2010, (the "Master Agreement"), specifically allows for Project Addendums, as set forth therein, to define and address certain project specific issues; and WHEREAS, the St. Joseph County Regional Water & Sewer District ("District") desires to facilitate the connection to sanitary sewers of certain real properties within the vicinity of the intersection of Auten Road and SR 933, as set forth in the PROJECT AREA Boundary Map" as shown in Exhibit A ("AUTEN ROAD -SR 933 SUB- DISTRICT); and WHEREAS, the District desires to immediately facilitate the connection to sanitary sewers of certain real properties, as shown in Exhibit B ("MAP OF IMMEDIATE tJSI.,1'RS"), and listed in Exhibit C ("LIST OF PROPERTIES TO BE CONNECTED") that are within the PROJECT AREA; and WHEREAS, South Bend has a wastewater facilities near the Project Area and said facilities have sufficient capacity to serve the Project Area; and WHEREAS, South Bend is agreeable to accepting wastewater from the District and this PROJECT AREA and to process and dispose of same. NOW, THEREFORE, in consideration of the mutual promises and obligations in