An agreement with the Pokagon Band of Potawatomi Indians

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(e). Upon assurances that all good faith efforts were exhausted and receipt of written notice from the Band Parties that they were unable to acquire the easements described in subsection 5(c) of this Agreement, the City shall acquire, by purchase or condemnation, all such easements as may be necessary for the construction of the sewer trunkline Extension provided, however; that the Band Parties shall reimburse the City for their reasonable costs, including legal costs, in acquiring such easements, at either the cost of any easement voluntarily obtained after notice and approval to the Band Parties, which approval shall not be unreasonably withheld, or the cost of any easement obtained through condemnation or eminent domain. (f). Within eighteen, (18) months from the date that the Full Build -Out Threshold is reached, design and complete construction of the replacement and upgrade to the Calvert Street Lift Station, and all costs for such improvements over and above the $400,000 contribution due from the Band Parties under paragraph 5(d) of this Agreement shall be paid by the City. (g ). Accept the dedication of and operate the public portions of the water system and sewer system located on the Site, including the lift station, in accordance with all applicable laws and regulations in the same manner as the City operates the parts of such systems that are located off the Site, which obligation includes at the City's sole expense the provision of electrical, gas, telephone, diesel fuel, and other energy and support services needed for the operation of such systems. (h ). Rebate to the Band Parties all amounts the City receives from — (1 ). Subsequent connector charges and assessment fees paid by customers for non- mainline connections that connect to a trunkline sewer Extension or a water supply Extension directly extending from the Site but located off the Site if such Extension was paid for entirely by the Band Parties. (i ). Maintain, repair, and replace the public portion of the water system and sewer system improvements located on the Site as needed in order to ensure the full and reliable function of such systems and their components, consistent with the City's standards and practices for the parts of such systems that are located off the Site. The public portion of the water and sewer Extension is described in Exhibit C -1, Exhibit C -2, and Exhibit C -3 attached and incorporated hereto. Read the meters and directly bill each Site Customer for water services and sewer services and the due date for payment of such bills shall be consistent with the due dates that apply to the City's customers located off the Site; Page 9 of 16