An agreement with the Pokagon Band of Potawatomi Indians

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(g). "Full Build -Out Phase" means the phase of on -site and off -site development of the water system and sewer system with a scope and design described more fully in Section 4 and Exhibit A of this Agreement, which will serve the needs of the Site after the Full -Build -Out Threshold is met.. (h). "Full Build -Out 'Threshold" means that, due to projected increases in the demands on the system from planned development of the Site, the total use of the sewer system by all customers on the Site will exceed a threshold of 190 gallons per minute ("gpm ") discharged to the Locust Road gravity sewer. Under normal conditions, the lift station located on the Site will operate one pump at a time with a maximum individual pump capacity of 180 gpm. The Full Build -Out Threshold shall be considered exceeded when the flow meter installed at the lift station located on the Site measures a flow rate in excess of 190 gpm more than three times in any month. (). "Initial Phase" means the phase of on -site and off -site development of the water system and sewer system with a scope and design described more fully in Section 4 and Exhibit A of this Agreement, which will serve the needs of the Site until the Full Build -:Out Threshold is reached. "Local, Agreement" means the agreement titled "Local Agreement ", which is being entered into between the Band Parties and the City concurrently with their approval of this Agreement and that concerns the Band Parties' intended development on the Site of a "Tribal Village" and a "Resort", as those terms are defined in the Local Agreement. (k). "PGA" means the Pokagon Gaming Authority, an unincorporated governmental instrumentality of the Band. (1). "Residential Site Customer" means a Site Customer who is not a Band Party and receives water and sewer services to a residential location on the Site. (m). "Resort" means a casino gaming resort facility proposed to be developed on the Site, as show on Exhibit A. (n). "Site" means the approximately 166 acre site of land described in Exhibit A to the Local Agreement. The term Site also includes any other real property that is owned by the Band, including its agencies, instrumentalities, and enterprises, at the time this Agreement is entered into or in the future, will be served by the portion of the Extension located on the Site, and is located contiguous to: Page 3 of 16