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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 6 of 13 <br /> <br /> <br />(b) Star understands that its installation of a ten-inch (10'') watermain on Lot 1 of <br />the Cataldo Property, the connection of the new watermain to the existing <br />watermain on the Site, and other improvements and additions to the <br />infrastructure on the Site within the existing easement will require a ten -foot <br />(10') extension on the width of the existing easement on the Site in order to <br />provide access for maintenance activities. The proposed ten-foot (10') easement <br />extension is illustrated on Exhibit B. Star understands and agrees that it is <br />responsible for preparing and filing the application and supporting documents <br />required to obtain federal approval of the easement extension on the Site <br />pursuant to 25 C.F.R. Part 169 and for all related costs, The City and the Band <br />shall assist Star as needed in its acquisition of the easement extension. <br /> <br />(c) Cataldo and Star shall provide the City and the Band Parties , including their <br />independent contractors, promptly upon execution of this Agreement with <br />access to Lot 1 and Lot 2 of the Cataldo Property to conduct survey activities <br />and soil borings as needed to design and plan construction and installation of <br />the Full Build-Out Phase infrastructure. <br /> <br />(d) Cataldo and Star shall provide the City and the Band Parties , including their <br />independent contractors, as needed up to 20' of additional temporary access <br />outside the Easement during construction of the Full Build-Out Phase along the <br />east and south side of the Easement for construction mobilization and removal <br />of the existing 8'' lateral sewer located along the north side of the Cataldo <br />Property, as shown in Exhibit B. <br /> <br />(e) 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. <br /> <br />(f) 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 infrastructure on the Cataldo Property. <br /> <br />(g) 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
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