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Page 2 of 7 <br /> <br />desirable to better align with the City’s long -range planning and to bring <br />service to a larger number of customers expected to reside southwest of the <br />Site. <br />F. WHEREAS changes to the Full Build -Out Phase water system <br />proposed by the City will significantly increase the scope and cost of the work <br />described in the Water/Sewer Agreement and, as a result, the City proposes to <br />assume the sole responsibility for the design and construction of the Full Build - <br />Out Phase for the water system in exchange for a financial contribution from <br />the Band Parties in the amount of $500,000, which amount represents the <br />Band Parties’ equitable share of the increased cost for the design and <br />construction of the modified Full Build -Out Phase water system; <br />NOW, THEREFORE, in consideration of the obligations, terms and <br />conditions contained herein, the adequacy of which the parties expressly <br />acknowledge, the Band, PGA, and the City agree as follows: <br />1. Recitals true. The above recitals are true. <br />2. Amendments. <br />A. Exhibit A, Exhibit C -1, Exhibit C-2, and Exhibit C -3 to the Water/Sewer <br />Agreement are deleted and are replaced by Exhibit A, Exhibit C -1, <br />Exhibit C-2, and Exhibit C -3 attached hereto. <br />B. As contemplated in Paragraph 4(b)(1) of the Water/Sewer Agreement, <br />the Band Parties and the City agree that the design and construction <br />of the Full-Build-Out Phase water system and sewer system shall <br />commence prior to the date the Full Build-Out Threshold is met. The <br />Band Parties and the City further agree to work diligently and <br />cooperatively in good faith to complete the design and construction <br />work of the Full Build -Out Phase to ensure that it is fully operational <br />not later than the date of completion of the Phase II Development of the <br />Site. <br />C. Subparagraph 4(b)(1)(A) is amended in its entirety to state as follows: <br />(A). To complete the loop of the watermain that is located off the <br />Site; and. <br />D. Paragraph 5(b) is amended by deleting in its entirety the first sentence <br />and replacing it with the following new sentence: “Provide to the City <br />all design plans for the Initial Phase improvements to the water system