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<br />5. Obligations and Understandings of the City and the Band Parties. <br /> <br />(a) The City shall record the Grant of Easement within thirty (30) days of receiving <br />it from Cataldo. <br /> <br />(b) Following the the Grant of Easement from Cataldo and the <br />recording the Grant of Easement by the City, the Band Parties, including their <br />independent contractors, shall proceed with the construction and installation of <br />the Full Build Out Phase sanitary sewer infrastructure on the Cataldo Property. <br /> <br />(c) Star, including their independent contractors shall construct and install a twelve <br />inch (10'') water main serving the Cataldo Property Lot 1 from a connection to <br />be made to an existing water main located within the existing 30' easement on <br />the Site, which new water main shall cross underneath SR 23 and extend to the <br />Cataldo Property Lot 1 at the eastern property line, as shown in Exhibit B <br /> <br />(d) The Band Parties shall permit lateral stub connections within the existing <br />easement on the Site to allow for any potential future connection to the City <br />water and sanitary sewer systems. <br /> <br />(e) The City and the Band Parties, including their independent contractors, shall <br />minimize the need for construction access on the Cataldo Property and shall <br />return areas disturbed back to substantially the same or better condition than <br />prior to construction, including the 20' of temporary access described in <br />paragraphs 6(b) and 6(c) and as shown on Exhibit B. <br /> <br />6. Obligations and Understandings of Cataldo and Star. <br /> <br />(a) Cataldo and Star shall provide the City and the Band Parties, including their <br />independent contractors, promptly upon execution of this Agreement with <br />access to Lot 1 and Lot 2 of the Cataldo Property to conduct survey activities <br />and soil borings as needed to design and plan construction and installation of <br />the Full Build-Out Phase infrastructure. <br /> <br />(b) Cataldo and Star shall provide the City and the Band Parties, including their <br />independent contractors, as needed up to 20' of additional temporary access <br />outside the Easement during construction of the Full Build-Out Phase along the <br />east and south side of the Easement for construction mobilization and removal <br />of the existing 8'' lateral sewer located along the north side of the Cataldo <br />Property, as shown in Exhibit B. <br /> <br /> <br />Page 5 of 13 <br /> <br /> <br />