Sidewalk Construction Agreement - Pokagon Band of Potawatomi Indians

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SIDEWALIZ CONSTRUCTION AGREEMENT This Sidewalk Construction Agreement ("Agreement") is made effective the A!"', day of March, 2017 by and between the POKAGON BAND OF POTAWATOMI INDIANS (the "Band"), a sovereign, federally recognized Indian tribe, with offices at 58620 Sink Road, Dowagiac, Michigan 49047 and the CITY OF SOUTH BEND, a municipal corporation existing under the laws of Indiana (the "City"), with offices located at 227 West Jefferson Boulevard, South Bend, Indiana 46601. RECITALS A. WHEREAS, the Band, through a federally charted corporation wholly owned by the Band, holds fee title to real property with the City limits that is commonly known as 2906 Prairie Avenue (a copy of the recorded deed to the Property is attached hereto as Exhibit A). B. WHEREAS, the Band plans to construct a Band Police Department substation on the Property (the "Project"). C. WHEREAS, the Band sought from the City and the State, as appropriate, all local permits required by law to undertake the Project. D. WHEREAS, upon review of the plans submitted with the 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. E. WHEREAS, the Property does not currently have a sidewalk, there is no sidewalk adjacent to the Property boundaries, and the nearest public sidewalk to the Property is located approximately one -quarter of a mile north on State Road 23 from the Property. F. WHEREAS, installation of a public sidewalk on the Property at this time will require the removal of approximately twenty-three mature trees on the Property. G. 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. H. WHEREAS, notwithstanding the submission of a revised plan for the Project, the Band seeks accommodation from the City under the terms of this Agreement for the City's forbearance regarding the timing for installation of a public sidewalk on the Property.