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<br />Page 4 of 13 <br /> <br /> <br />“Site” means approximately 166 acres of land located in the southeast quadrant of <br />Prairie Avenue (State Road 23) and US-31 in South Bend, Indiana held in trust <br />status by the United States for the Band. <br /> <br />“Water/Sewer Agreement” means the Water Service and Sewer Service <br />Agreement dated March 22, 2016 entered into by the City, the Band, and PGA to <br />extend City water services and sanitary sewer services to the Site for planned <br />development. <br /> <br />3. Description of the Easement. <br /> <br />(a) The Easement described in Exhibit A and Exhibit B is a thirty foot (30') wide <br />permanent municipal utility easement. <br /> <br />(b) The Easement shall be granted to the City by Cataldo through an instrument <br />substantially identical in form and substance to the “Sanitary Sewer Easement <br />Agreement” attached hereto as Exhibit C (Exhibit A to this Agreement is also <br />Exhibit A to Exhibit C). <br /> <br />(c) Cataldo understands and agrees that the Easement shall include the right for the <br />City to perform, or at the City’s sole discretion to authorize the Band Parties or <br />Star to perform, or for any of them to engage one or more independent <br />contractors to perform work within the Easement as permitted under the terms <br />of the Easement. <br /> <br />4. Payment to Cataldo for the Grant of Easement. <br /> <br />(a) As full and final compensation for the Grant of Easement to the City, Cataldo <br />shall be entitled a payment in the amount of FORTY THOUSAND DOLLARS <br />($40,000)(the “Payment”). <br /> <br />(b) Financial responsibility for the Payment shall be allocated among the City, <br />PGA, and Star as follows: (i) PGA s hall be responsible for $25,000 of the <br />Payment; the City shall be responsible for $10,000 of the Payment; and (iii) Star <br />shall be responsible for $5,000 of the Payment. <br /> <br />(c) PGA, the City, and Star shall coordinate their respective obligations regarding <br />the Payment as follows: upon execution of this Agreement (i) the City shall <br />make a payment to PGA in the amount of $10,000; and (ii) Star shall make a <br />payment to PGA in the amount of $5,000. The payments to PGA shall be made <br />by check made payable to “Four Winds Casino”. Upon its receipt of the