Sidewalk Construction Agreement - Pokagon Band of Potawatomi Indians

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I. WHEREAS, the Band represents that it is authorized to enter into this Agreement by a duly adopted resolution of the Band Tribal Council, a true copy of which is attached as Exhibit B. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, the Band and the City agree as follows: Recitals True. The above recitals are true. 2. Permits and Approvals for the Project. (a) The Band shall submit to the City at its earliest opportunity a revised plan for the Project that includes a public sidewalk across the northern side of the Property adjacent to State Road 23 and extending from the west boundary line to the east boundary line, which sidewalk design and other elements of the plan shall conform to all requirements under applicable law and regulation ("Revised Site Plan"). (b) The City shall act in a timely manner to review the Revised Site Plan and make a determination as to whether a construction permit can be issued for the Project or, if a permit cannot be issued, advise the Band of the additional revisions that are needed in order for a construction permit to be issued. Installation of a Sidewalk on the Property. (a) The installation of a public sidewalk on the Property shall not be required unless and until a public sidewalk is installed on either of the properties that are contiguous to the east or west Property boundaries ("Adjoining Properties"). (b) The absence of a public sidewalk on the Property prior to the installation of a public sidewalk on one of the Adjoining Properties shall not be the basis for a City regulatory authority to withhold any approval or permit that may be needed from the City during the course of construction of the Project or any final approval or permit, including a certificate of occupancy, at the conclusion of construction of the Project in order for the Band to occupy and use the Project for its intended purpose. (c) The Band shall bear the entire cost of installing a public sidewalk on the Property. Page 2 of 6