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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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1/11/2021 1:38:28 PM
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1/11/2021 1:37:19 PM
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Board of Public Works
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Contracts
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1/11/2021
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<br />Page 5 of 13 <br /> <br />foregoing payments from the City and Star and upon receipt of written <br />confirmation from the City that it has received the Grant of Easement from <br />Cataldo, PGA shall make a single payment to Cataldo in the amount of $40,000 <br />as full and final satisfaction of the Payment obligation under this Agreement. <br /> <br />5. Obligations and Understandings of the City and the Band Parties. <br /> <br />(a) The City shall record the Grant of Easement within thirty (30) days of receiving <br />it from Cataldo. <br /> <br />(b) Following the City’s receipt of the Grant of Easement from Cataldo and the <br />recording the Grant of Easement by the City, the Band Parties, including their <br />independent contractors, shall proceed with the construction and installation of <br />the Full Build Out Phase sanitary sewer infrastructure on the Cataldo Property. <br />The City or Star, including their independent contractors shall construct and <br />install a twelve inch (12'') water main serving the Cataldo Property from a <br />connection to be made to an existing water main located within the existing 30' <br />easement on the Site, which new water main shall cross underneath SR 23 and <br />extend to the Cataldo Property at the eastern property line, as shown in Exhibit <br />B. <br /> <br />(c) The Band Parties shall permit lateral stub connections within the existing <br />easement on the Site to allow for any potential future connection to the City <br />water and sanitary sewer systems . <br /> <br />(d) The City and the Band Parties , including their independent contractors, shall <br />minimize the need for construction access on the Cataldo Property and shall <br />return areas disturbed back to substantially the same or better condition than <br />prior to construction, including the 20' of temporary access described in <br />paragraphs 6(b) and 6(c) and as shown on Exhibit B . <br /> <br />(e) The City shall at its expense construct two laterals within the 30 ' Easement <br />described in Exhibit A and Exhibit B to serve Lot 2 of the Cataldo Property. <br /> <br />6. Obligations and Understandings of Star and Cataldo. <br /> <br />(a) Star, including their independent contractors , shall construct and install a ten <br />inch (10'') water main serving Lot 1 on the Cataldo Property from a connection <br />to be made to an existing water main located within the existing thirty-foot (30') <br />easement on the Site, which new water main shall cross underneath SR 23 and <br />extend to Lot 1 on the Cataldo Property at the western property line, as shown <br />in Exhibit B.
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