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Amendment No. 1 to Water & Sewer Service Agreement – Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
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Amendment No. 1 to Water & Sewer Service Agreement – Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
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12/18/2020 1:17:34 PM
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12/18/2020 1:17:05 PM
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Board of Public Works
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Contracts
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12/17/2020
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Page 4 of 7 <br /> <br />other customers for non-mainline connections to a trunkline <br />sewer Extension or a water supply Extension that directly <br />extends from the Site but is located off the Site if such <br />extension was paid for entirely by the Band Parties . <br />G. Section 6 is amended by i nserting at the beginning of Section 6 the <br />following new Paragraph (a), new Paragraph (b), and new Paragraph <br />(c) and by revising the letters of all subsequent Paragraphs in Section <br />6 accordingly: <br />(a). Prepare all design plans for the off-site portion of the Full <br />Build-Out Phase water system improvements. The design <br />plans will be prepared at the City’s expense and shall be <br />approved by the applicable regulatory agencies, and other <br />governmental bodies prior to construction. <br />(b). Not later than the date of completion of the Phase II <br />Development of the Site, at the City’s cost, design and obtain <br />all City, State or other regulatory permit s required by law, <br />and construct the Full Build -Out Phase improvements to the <br />water system located off the Site. The City shall, at its cost, <br />be solely responsible for obtaining any easements that may <br />be needed to construct the off-Site portion of the water <br />system improvements and for completing all connections <br />between the off-Site and on-Site water system <br />improvements. <br />(c). If and when desired by the City at its discretion in order to <br />extend City water services to customers located south of US - <br />31, the City shall, it its sole cost, bore and jack to install a <br />12″ diameter waterline Extension from the Site boundary <br />south under US-31. <br />H. Section 6 is amended by deleting in its entirety the last sentence of <br />Paragraph (e)(formerly Paragraph (b)) and replacing it with the <br />following new sentence: “The Band Parties and the City shall endeavor <br />in good faith to reach agreement regarding the selection of a qualified <br />firm to conduct the inspections and testing, the cost of which will be <br />borne by the party responsible in this Agreement for the design and <br />construction of the improvements being inspected and tested .”
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