Sidewalk Construction Agreement - Pokagon Band of Potawatomi Indians

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the Project; and WHEREAS: Upon review of the plans submitted with the Pokagon Band's application for a building permit for the Project, the City advised the Band that the Project should include a public sidewalk that will run east and west across the northern side of the Property adjacent to State Road 23; and WHEREAS: The Property does not currently have a sidewalk, there is no sidewalk adjacent to the Property boundaries, and the nearest sidewalk to the Property is located_ approximately one -quarter of a mile away north on State Road 23 from the Property; and WHEREAS: Installation of a sidewalk on the Property at this time will require the removal of approximately 23 mature trees on the Property; and WHEREAS: The Band intends to revise the plan for the Project to include a public sidewalk on the Property with the understanding that the submission of the revised plan will allow the City to issue a building permit for the Project; and WHEREAS: Notwithstanding the submission of a revised plan for the Project, the; Pokagon Band seeks accommodation from the City under the terms of,a proposed Sidewalk Construction Agreement ("Sidewalk Construction Agreement") for the City's forbearance regarding the timing for installation of a public sidewalk on the Property (a copy of the Agreement is attached hereto); and WHEREAS: The Tribal Council has reviewed the Sidewalk Construction Agreement. NOW, THEREFORE, BE IT RESOLVED that the Tribal Council approves the Sidewalk Construction Agreement, a copy of which is attached hereto. AND BE IT FURTHER RESOLVED that the Tribal Council hereby authorizes the Tribal Council Chairman and Tribal Council Secretary to execute, on behalf of the Pokagon Band, the Sidewalk Construction Agreement.