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WHEREAS: The Pokagon Gaming Authority is a wholly-owned <br />unincorporated instrumentality of the Pokagon Band of <br />Potawatoml Indians of Michigan "and Indiana (a sovereign, <br />federally- recognized Indian tribe organized under a constitution <br />adopted on November 1, 2005); and <br />WHEREAS: The Pokagon Gaming Authority (the "Authority") was <br />chartered by the Pokagon Band Tribal Co'uncil through <br />enactment of the Pokagon Gaming Authority Ordinance on May <br />25,2006;and <br />WHEREAS: : In accordance with Article IX, Section 2, of the Pokagon Band <br />Constitution and pursuant to Section VIII of the Pokagon <br />Gaming Authority Ordinance (the "Charter"), the Pokagon <br />Gaming Authority Board of Directors is the duly recognized <br />governing body of the Authority; and <br />WHEREAS: The Authority Board of Directors is authorized pursuant to <br />subsection VI (C)(v) of the Charter to "make and enter into <br />contracts in furtherance of the Gaming Business" and, pursuant <br />to subsection VIII (C) of the Charter, is "delegated the power to <br />manage and control the business, property and affairs of the <br />Authority"; and <br />WHEREAS: The Pokagon Band acquired approximately 166 contiguous <br />acres of land located within the City of South Bend (the "City") <br />and bounded by Prairie Avenue (State Road 23), U.S. Highway <br />31, and Locust Road (the "Site") and on or about May 14, 2012, <br />as provided in Section 6 of the Pokagon Restoration Act, 25 <br />U.S.C. § 1300j-5, the Band filed an application with the U.S. <br />Department of the Interior, Bureau of Indian Affairs, to have the <br />A proud, compassionate people committed to strengthening our sovereign nation. <br />A progressive community focused on culture and the most innovative opportunities, for all of our citizens, <br />