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Exhibit 5 <br /> <br />CITY'S OBLIGATIONS <br /> <br /> Sewer Services. The City shall cause public sewer to be made available to the Project and <br />fully operational on or before January 1, 1999. The City will, at all times, extend public sanitary <br />sewer facilities to the boundary of the Project and provide service for a capacity of at least 600,000 <br />gallons per day via a 12-inch diameter pipe reasonably approved by Mills as to location. The City <br />shall allow Mills to connect to such sewer line as Mills so requests. Mills may excavate such portion <br />of the sewer line in order that Mills may connect to the existing sewer line at the location most <br />desirable and advantageous to Mills. The City hereby agrees to provide necessary easements for the <br />portion of the sewer line across non-City property. The City shall cause sanitary sewer to be <br />available to the Project in such a manner that would facilitate gravitational flow. <br /> <br /> Water Services. The City shall cause City watsr to be available to the Project and fully <br />operational on or before January 1, 1998. The City will extend water service to the boundary of the <br />Project and provide capacity for the Project of at least 4,000 gallons per minute at 110 pounds per <br />square inch and 20 residual pounds per square inch and a 12-inch diameter pipe reasonably approved <br />by Mills as to location. The City shall reimburse Mills for the installation of water meters to service <br />the Project including the proposed 12-inch fire line, domestic line and irrigation meter; and for the <br />connection or "tap-on" by Mills to the water line. The City shall be responsible for the relocation <br />of the water main located in Kings Grant Boulevard to be relocated as part of the Kings Grant <br />Boulevard relocation. Said relocation of the water main shall be performed in accordance with the <br />schedule for the relocation of the road. <br /> <br /> Electric Services. The City shall cause electrical service to be available to the Project and <br />fully operational on or before July 1999. The City will extend electric service to the boundary of <br />the Project and provide capacity at specifications no less than 20 mva, 480 volt, 3 phase, 4 wire <br />secondary service from pad to mounted transformers reasonably approved by Mills as to location. <br />The attached Schedule 5-A contains other elements of the electrical service to be provided to the <br />Project at no cost to Mills. Mills shall be responsible for providing a concrete pad on which the City <br />will locate the necessary electric transformer. City will provide full service electrical requirements <br />to comply with load data when determined. <br /> <br /> N..atural Gas. Upon request from Mills, the City and the County shall coordinate the <br />providing of natural gas service (by Public Service Company of North Carolina, Inc., an independent <br />company not affiliated with the City or the County but which has committed to provide such <br />service). <br /> <br /> Water/Sewer Rates. All water and sewer services to the Project will be charged at the rates <br />charged to all water and sewer customers as established and amended by the City Council from time <br />to time. The current rates are attached hereto as Schedule ~-B. <br /> <br /> <br />