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Easement Agreement – Rose Cataldo, Pokagon Band of Potawatomi Indians, Pokagon Gaming Authority, and Star 001, LLC
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Easement Agreement – Rose Cataldo, Pokagon Band of Potawatomi Indians, Pokagon Gaming Authority, and Star 001, LLC
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9/10/2020 10:05:24 AM
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9/10/2020 10:05:20 AM
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Board of Public Works
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Contracts
Document Date
9/8/2020
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I. WHEREAS the Cataldo Property, as shown in Exhibit B attached hereto, <br />includes an existing 30' sanitary sewer easement serving the Cataldo Property (Lots 1 and <br />2) that is installed along the northern boundary; and <br /> <br />J. WHEREAS the City, in coordination with PGA and Star, negotiated terms <br />of agreement with Cataldo for a Grant of Easement to the City in order to allow for the <br />Band Parties installation of a sanitary sewer trunkline extension from the Site south of <br />Prairie Avenue to the Calvert Street Lift Station and for other related purposes as provided <br />herein. <br /> <br />K. WHEREAS the Band Parties intend to support an application by the City for <br />a Grant of Easement across the Site that would increase the width of the existing public <br />utility easement on the Site by ten feet (10') in order to provide improved access for the <br />installation of the Full Build Out Phase on the Site and water and for periodic maintenance <br />of that infrastructure. <br /> <br />NOW, THEREFORE, in consideration of the obligations, terms and conditions <br />contained herein, the adequacy of which the parties expressly acknowledge, the City, <br />Cataldo, PGA, and Star agree as follows: <br /> <br />1. Recitals True. The above recitals are true. <br /> <br />2. Definitions. <br /> <br />Cataldo Propertya parcel of private land that is subdivided into Lot 1, <br />which is owned by Star, and Lot 2, which is owned by Cataldo, and is located in the <br />northeast quadrant of Prairie Avenue and US-31 and is commonly known as 22027 <br />State Road 23, South Bend, Indiana 46614. <br /> <br />Full Build-Out Phasemeans the Full Build-Out Phase of water and sanitary <br />sewer infrastructure as described in the Water/Sewer Agreement. <br /> <br />Initial Phasemeans the Initial Phase of water and sanitary sewer infrastructure <br />as described in the Water/Sewer Agreement. <br /> <br /> Phase I Development <br />development on the Site. <br /> <br />Phase II Development-story hotel tower with approximately 317 <br />rooms and other amenities being developed on the Site. <br /> <br /> <br />Page 3 of 13 <br /> <br /> <br />
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