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

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Siteapproximately 166 acres of land located in the southeast quadrant of Prairie Avenue (State Road 23) and US-31 in South Bend, Indiana held in trust status by the United States for the Band. 8o9pi 3. Description of the Easement. (a) The Easement described in Exhibit A and Exhibit B is a thirty foot (30') wide permanent municipal utility easement. (b) The Easement shall be granted to the City by Cataldo through an instrument (Exhibit A to this Agreement is also Exhibit A to Exhibit C). (c) Cataldo understands and agrees that the Easement shall include the right for the Star to perform, or for any of them to engage one or more independent contractors to perform work within the Easement as permitted under the terms of the Easement. 4. Payment to Cataldo for the Grant of Easement. (a) As full and final compensation for the Grant of Easement to the City, Cataldo shall be entitled a payment in the amount of FORTY THOUSAND DOLLARS ($40,000) (b) Financial responsibility for the Payment shall be allocated among the City, PGA, and Star as follows: (i) PGA shall be responsible for $25,000 of the Payment; the City shall be responsible for $10,000 of the Payment; and (iii) Star shall be responsible for $5,000 of the Payment. (c) PGA, the City, and Star shall coordinate their respective obligations regarding the Payment as follows: upon execution of this Agreement (i) the City shall make a payment to PGA in the amount of $10,000; and (ii) Star shall make a payment to PGA in the amount of $5,000. The payments to PGA shall be made Upon its receipt of the foregoing payments from the City and Star and upon receipt of written confirmation from the City that it has received the Grant of Easement from Cataldo, PGA shall make a single payment to Cataldo in the amount of $40,000 as full and final satisfaction of the Payment obligation under this Agreement. Page 4 of 13