Water Main Line Service Agreement DP24-020 - Sherman Partners SB LLC

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WATER MAINLINE SERVICE AGREEMENT This Water M ai nl ine Service Agreement (“Agreement”) is made on the 27th day of May, 2025 by and between the Sherman Partners SB, LLC (“Owner”) with an address of 209 29th Avenue North, Suite 150, Nashville, TN 37203 and the City of South Bend, a municipal corporation existing under the laws of Indiana, acting by and through its Board of Public Works (“City”) in accordance with 170 I.A.C. 6-1.5-40. WHEREAS, Owner plans to extend public water main and build private sewer main to develop 0.68 of acres located at the SW corner of Michigan Street and Angela Boulevard for a Residential Subdivision that includes 7 lots with up to 8 dwellings. WHEREAS, Owner plans to extend and make additions to the City’s existing water main line systems to serve said development as shown on the Exhibit A, attached and incorporated hereto (the "Dedicated Improvements"), and desires certain commitments from City; and WHEREAS, the Owner agrees to notify in the property recordation and for the benefit of the future property owners of Lots 1-7 in this development that the sanitary and storm sewer system servicing the respective Lots 1-7 is privately owned and maintained and that the City has no ongoing obligations to maintain, fix or replace such sanitary and storm sewer system infrastructure; and WHEREAS, the engineering design for said Dedicated Improvements has been, or will be, accomplished by competent professional engineers registered and licensed in the State of Indiana; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: 1.Recitals