An agreement with the Pokagon Band of Potawatomi Indians

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with a three (3) year maintenance bond from the contractor that installed the improvements effective the date of dedication to the City. (d). Use their best efforts to acquire at market value an easement or easements in the City's name from one or more property owners located adjacent to the Site on the north side of Prairie Avenue in order to permit the installation of a 36" sewer trunkline Extension from the Site to the Calvert Street Lift Station. (e). Contribute $400,000 to the City to assist with the cost of replacement and upgrading the Calvert Street Lift Station, which contribution shall be made by the Band within. fifteen (15) days from the date the City issues a notice to proceed to a contractor engaged by the City to perform the work. (f). Within eighteen (18) months, or twenty -four (24) months in the event of delays not within the Band Parties' control, from the date that the Full Build - Out Threshold is reached, at the Band Parties' cost, design, obtain all City, State or other regulatory permits required by law, and construct the Full Build - Out Phase improvements to the water system and sewer system located off the Site. Such improvements are limited to the following: (1). Loop the watermain located on the Site around the Resort to connect to the low- pressure water supply system at Prairie Avenue or, in the alternative at the Band Parties' sole discretion, complete the loop that is located off the Site; (2). Bore and jack to install a 24" diameter sewer trunkline Extension from the Site Boundary north under Prairie Avenue; (3). 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; (4). 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 (g). Pay charges for water services and sewer services provided by the City to Site Customers who are Band Parties in accordance with the charges in effect at that time as specified by the City's IURC- approved water tariff, the City's sewer tariff and the City's ordinances, subject to the qualifications stated in paragraph 3(c) of this Agreement.