Water and Sewer Extension Agreement - Marion Court Subdivision Proj No DP24-063 - SDI South Bend

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SEWER AND WATER SERVICE AGREEMENT This Sewer and Water Service Agreement (“Agreement”) is made on the 10th day of June, 2025 by and between SDI South Bend, LLC (“Owner”), 2186 E Centre Street, Portage, MI, 49002, 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 intends to develop 0.55 of acres located at the NW corner of Marion St. and Leland Avenue for a residential subdivision that includes 16 housing units across 6 parcels, of which 12 housing units on 2 parcels require extensions of public utilities; WHEREAS, Owner plans to extend and make additions to existing water and sanitary sewer 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 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 The parties hereto acknowledge and agree that the foregoing recitals are incorporated herein as a part of this Agreement. 2.Design