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<br />Page 3 of 13 <br /> <br />extension to be installed within an existing public utility easement on the Site and across <br />the Prairie Avenue Right-of-Way to the Easement on the Cataldo Property. <br /> <br />I. WHEREAS the Cataldo Property, as shown in Exhibit B attached hereto, <br />includes an existing 30' sanitary sewer easement serving the Cataldo Property that is <br />installed along the northern boundary; and <br /> <br />J. WHEREAS the City, in coordination with PGA and Star, negotiated terms <br />of agreement with Cataldo for a Grant of Easement to the City in order to allow for the <br />Band Parties installation of a sanitary sewer trunkline extension from Prairie Avenue to the <br />Calvert Street Lift Station and for other related purposes as provided herein. <br /> <br />K. WHEREAS the Band Parties intend to support an application by the City for <br />a Grant of Easement across the Site that would increase the width of the existing public <br />utility easement on the Site by ten feet (10') in order to provide improved access for the <br />installation of the Full Build Out Phase on the Site and for periodic maintenance of that <br />infrastructure. <br /> <br />NOW, THEREFORE, in consideration of the obligations , terms and conditions <br />contained herein, the adequacy of which the parties expressly acknowledge, the City, <br />Cataldo, PGA, and Star agree as follows: <br /> <br />1. Recitals True. The above recitals are true. <br /> <br />2. Definitions . <br /> <br />“Cataldo Property” means a parcel of private land that is subdivided into Lot 1, <br />which is owned by Star, and Lot 2, which is owned by Cataldo, and is located in the <br />northeast quadrant of Prairie Avenue and US-31 and is commonly known as 22027 <br />State Road 23, South Bend, Indiana 46614. <br /> <br />“Full Build-Out Phase” means the Full Build-Out Phase of water and sanitary <br />sewer infrastructure as described in the Water/Sewer Agreement . <br /> <br />“Initial Phase” means the Initial Phase of water and sanitary sewer infrastructure <br />as described in the Water/Sewer Agreement. <br /> <br /> “Phase I Development” means the housing project and Four Winds South Bend <br />development on the Site. <br /> <br />“Phase II Development” means a 23-story hotel tower with approximately 317 <br />rooms and other amenities being developed on the Site.