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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
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9/8/2020
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(c) Cataldo and Star shall also provide the City, including its independent <br />contractors, periodic access to the Easement through the Cataldo Property as <br />needed to perform maintenance and repair and for other purposes up to and <br />including replacement of the sanitary sewer and water main. Access to the <br />Easement may be provided through the existing 40' common access easement <br />for Lots 1 & 2 shown on Exhibit B or through another suitable path through the <br />Cataldo Property. In addition, Cataldo and Star shall provide the City, including <br />its independent contractor, up to 20' of additional temporary access outside the <br />Easement as needed for maintenance, repair and other work within the <br />Easement along the east and south side of the Easement. <br /> <br />(d) Cataldo and Star shall execute a release of the existing 30' sanitary sewer <br />easement for Lot 1 and Lot 2 that exists along the northern boundary of Lot 2 <br />and shall arrange for the recording of the release of easement within thirty (30) <br />days following completion by the City and Band Parties of the Full Build-Out <br />Phase sewer infrastructure on the Cataldo Property. <br /> <br />(e) Cataldo and Star understand and agree that any future development of the <br />Cataldo Property that requires an increase in water service may require a <br />modification or extension of the water main and that any such extension or <br />modification shall fully comply with applicable local and state laws and <br />regulations and shall be subject to the approval of the City. <br /> <br />7. Obligations and Understandings of the City, Band Parties and Star. <br />(a) Star, including their independent contractors shall construct and install a ten <br />inch (10'') water main serving the Cataldo Property Lot 1 from a connection to <br />be made to an existing water main located within the existing 30' easement on <br />the Site, which new water main shall cross underneath SR 23 and extend to the <br />Cataldo Property Lot 1 at the eastern property line, as shown in Exhibit B. <br /> <br />(b) Star understands a 10-inch watermain on the Site, while in an easement, will <br />future maintenance of the water main. The proposed ten feet <br />illustrated on Exhibit B. Star understands and agrees that it is responsible for <br />preparing the documents required and financial requirements of the Band in <br />acquiring the easement. The City will assist Star in administering acquisition of <br />the easement from the Band. <br /> <br />8. Reporting Requirements. The Band Parties shall promptly notify the parties if they <br />become aware of legal or contractual problems that indicate that the Band Parties <br />cannot meet their obligations under this Agreement to construct and install the Full <br /> <br />Page 6 of 13 <br /> <br /> <br />
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