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<br /> <br /> <br />EASEMENT AGREEMENT <br /> <br />th <br />This Easement Agreement is made effective the 28 day of July <br />2020 by and between the following parties: <br /> <br />CITY OF SOUTH BEND, INDIANA, by and through its Board of Public Works (the <br />a municipal corporation existing under the laws of Indiana with offices located at <br />227 West Jefferson Boulevard, South Bend, Indiana 46601; <br /> <br />ROSE CATALDO a natural person who resides at 22027 Liberty Highway, <br />South Bend, Indiana 46619; <br /> <br />POKAGON BAND OF POTAWATOMI INDIANS a sovereign, federally <br />recognized Indian tribe with offices at 58620 Sink Road, Dowagiac, Michigan 49047. <br /> <br />POKAGON GAMING AUTHORITY PGA, an unincorporated instrumentality of <br />the Band, with offices at 58620 Sink Road, Dowagiac, Michigan 49047; and <br /> <br />STAR 001, LLC whose principal office is <br />located at 14612 Carrigan Court, Granger, IN, 46530. <br /> <br /> <br />RECITALS <br /> <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 for governmental and <br />commercial development which, at that time, lacked water and sanitary sewer services; <br /> <br />B. WHEREAS a Water Service and Sewer Service Agreement entered into on <br />March 22, 2016 by the City, the <br />Band and PGA (the Band and PGA collectively, tprovides that the Band <br /> <br /> <br /> <br />