Easement Agreement – Rose Cataldo, Pokagon Band of Potawatomi Indians, Pokagon Gaming Authority, and Star 001, LLC

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Parties will install an Initial Phase water and sanitary sewer infrastructure to serve the Phase I Development of the Site and will install a Full Build -Out Phase water and sewer infrastructure to serve additional development on the Site if projected additional water and sewer demands reach the "Full Build -Out Threshold" criteria described in the Water/Sewer Agreement; C. WHEREAS on November 28, 2016 pursuant to a final agency determination by the Assistant Secretary — Indian Affairs for the U.S. Department of the Interior, the United States accepted the conveyance of the Site in trust for the Band; D. WHEREAS in October of 2019, PGA commenced construction on a Phase II Development of the Site which, when complete, is projected to trigger the Full Build - Out Threshold requiring the Full Build -Out Phase of water and sanitary sewer systems serving the Site; E. WHEREAS subsequent to entering into the Water/Sewer Agreement, the City determined that certain changes to the design for the Full Build -Out Phase water system described in the Water/Sewer Agreement were desirable to better align with the City's long-range planning and to bring service to a larger number of customers expected to reside southwest of the Site. The changes to the Full Build -Out Phase water system proposed by the City will significantly increase the scope and cost of the work required by the Agreement. As a result, the City has proposed to assume the sole responsibility for the design and construction of the Full Build -Out Phase for the water system in exchange for a financial contribution from the Band Parties in the amount of $500,000 as the Band Parties equitable share of the increased cost for the modified Full Build -Out Phase water system; F. WHEREAS as part of the development of the Full Build -Out Phase under the Water/Sewer Agreement, the Band Parties must install a twenty-four to thirty-six inch (24"-36") sanitary sewer on the Cataldo Property; G. WHEREAS Star proposes to install a ten inch (10") water main on the Cataldo Property; both the Band Parties'("24-36") sanitary sewer and Star's ("10" inch) water main will require a permanent municipal utility easement (the "Easement", as described in Exhibit A attached hereto); H. WHEREAS requirements for fire protection service for commercial development by Star located on Lot 1 of the Cataldo Property will require connection to an existing twelve inch (12") water main on the Site through a ten inch (10") water main extension to be installed within an existing public utility easement on the Site and across the Prairie Avenue Right -of -Way to the Easement on the Cataldo Property. Page 2 of 13