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EASEMENT AGREEMENT <br />This Easement Agreement ("Agreement") is made effective the 28' day of July <br />2020 by and between the following parties: <br />CITY OF SOUTH BEND, INDIANA, by and through its Board of Public Works (the <br />"City"), a municipal corporation existing under the laws of Indiana with offices located at <br />227 West Jefferson Boulevard, South Bend, Indiana 46601; <br />ROSE CATALDO ("Cataldo" ), a natural person who resides at 22027 Liberty Highway, <br />South Bend, Indiana 46619; <br />POKAGON BAND OF POTAWATOMI INDIANS ("Band"), a sovereign, federally <br />recognized Indian tribe with offices at 58620 Sink Road, Dowagiac, Michigan 49047. <br />POKAGON GAMING AUTHORITY ("PGA"), an unincorporated instrumentality of <br />the Band, with offices at 58620 Sink Road, Dowagiac, Michigan 49047; and <br />STAR 001, LLC ("Star"), an Indiana limited liability company whose principal office is <br />located at 14612 Carrigan Court, Granger, IN, 46530. <br />RECITALS <br />A. WHEREAS in 2009-2010 the Band acquired an assemblage of land <br />comprised of approximately 166 acres located in the southeast quadrant of Prairie Avenue <br />(State Road 23) and US-31 in South Bend, Indiana ("Site") for governmental and <br />commercial development which, at that time, lacked water and sanitary sewer services; <br />B. WHEREAS a Water Service and Sewer Service Agreement entered into on <br />March 22, 2016 (hereinafter referred to as the "Water/Sewer Agreement") by the City, the <br />Band and PGA (the Band and PGA collectively, the "Band Parties") provides that the Band <br />