Amendment No 1 to Agreement -SB Water Sewer Agt - Pokagon Band & Gaming

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and the sewer system and for the Full Build -Out Phase improvements to the water system located on the Site and to the sewer system located on the Site and off the Site. E. Paragraph 5(f) is amended in its entirety to state as follows: (f). Not later than the date of completion of the Phase II Development of the Site, at the Band Parties' cost, design and obtain all City, State or other regulatory permits required by law, and construct the Full Build -Out Phase improvements to the sewer system located off the Site. Such improvements are limited to the following: (1). Bore and jack to install a 24" diameter sewer trunkline Extension from the Site Boundary north under Prairie Avenue; (2). Install a 36" diameter sewer trunkline Extension from Prairie Avenue along an easement to be acquired and continuing through an existing easement to the Calvert Street Lift Station; (3). During the 18-month build out, the discharge from the lift station cannot exceed 225 gpm due to the existing capacity of the Locust Road sewer main; and F. Section 5 is amended by inserting the following new Paragraph (g) and Paragraph (h) immediately after Paragraph (f) and by revising the letters of all subsequent Paragraphs in Section 5 accordingly: (g). Contribute $500,000 to the City to assist with the cost of design and construction of the off -site portion of the Full Build -Out Phase water system, which contribution shall be made by the Band within fifteen (15) days from the date of completion of the off -site portion of the Full Build -Out Phase water system. (h) The Band Parties shall not be responsible for payment to the City of any connector charges, assessment fees, or other costs for connecting to the Full Build -Out water system or sewer system and, in exchange, the Band Parties shall forego their right to receive a rebate of all amounts the City receives from subsequent connector charges and assessment fees paid by Page 3 of 7