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

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Notwithstanding any other provisions of this Easement Agreement, Grantee shall have the absolute right at any time, and from time to time, to construct and install other main extensions or lateral main extensions and appurtenant facilities of any nature connecting to the Sewer Facilities. Said easement also includes the rights and privileges: (1) of ingress and egress for the employees, agents and representatives of Grantee, its successors, and assigns, to, from, and over the Real Estate, Grantee's facilities located in, under, upon and across the Real Estate, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted. Grantor agrees that Grantee shall be entitled to and Grantor shall provide any and all easements necessary to allow the construction of and to provide for access to the Sewer Facilities for the purpose of connecting such additional extensions and facilities to the Sewer Facilities. Grantor understands and acknowledges that the Grantee is the operator of a municipal utility and municipality owned treatment works with operating rules and procedures in place by local ordinances with authority of state statutes. The sewer to be constructed will be part of the municipality owned works and subject to those rules and procedures. In keeping with the rules and procedures in place, or as they may be changed from time to time, the Grantee must review and approve any and all connections to the sewer, collecting the fees and charges required by the rules and procedures. Further, Grantor also understands and acknowledges that others with interest in property adjacent to the sewer easement, and/or successors and assigns of Grantor, or owners of property rights by subdivision and transfer of any or all the Grantor's property shall also be subject to the rules and procedures, fees and charges in place at the time of application to connect. Abutting property owners wishing to connect to the Sewer Facilities shall have the right to enter the Real Estate from the abutting property for the purpose of connecting when permitted by Grantee. Grantee shall have full right and authority to assign or convey the easement hereby granted or any part thereof to another sewer utility or a successor in interest, but shall have no right to assign or convey the easement hereby granted or any part thereof to another utility not engaged in providing sewer service. The grants, covenants and stipulations herein provided shall extend to and be binding upon the respective heirs, successors and assigns of the parties. The undersigned executing this Easement on behalf of Grantor represent and certify that Grantor is the owner of the Real Estate, that the undersigned is duly authorized and fully empowered to execute and deliver this Easement, that Grantor has full legal capacity to convey the Easement described herein, and that all necessary action for the making of such conveyance by Grantor has been taken and done. The prior deed reference required by I.C. 32-23-2-5 for the real estate burdened by the easement herein granted is recorded in the office of the Recorder of Saint Joseph County, Indiana, as InstrumentNo(s). 11594.