Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana

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This Agreement is made on the �` day of March, 2016 by and between the POKAGON BAND OF POTA.WATOMI INDIANS (the `Band "), the POKAGON GAMING AUTHORITY, an unincorporated instrumentality of the Band ( "PGA "), and the CITY OF SOUTH BEND, a municipal corporation existing under the laws of Indiana (the "City "). A. Concurrently with their approval of this Agreement, the Band Parties and the City are entering into a separate "Local Agreement" concerning the intended development by the Band of a Tribal Village and the development by PGA of a Resort on an approximately 166 -acre site located within the City, which planned development as well as foreseeable but as yet unplanned development will require water service and sewer service. B. On or about May 14, 2012, as provided in 25 U.S.C. §§ 1300j et seq. (the "Restoration Act "), the Band filed an application with the U.S. Department of the Interior; Bureau of Indian Affairs to have the Secretary of the Interior take title to the Site in trust for the Pokagon Band of Potawatomi Indians, Michigan and Indiana. C. The City owns; operates and maintains a water supply system, including a filtration plant, storage and transmission facilities, and pumping stations, and furnishes filtered and treated water to customers. The City also owns, operates and maintains a complete sanitary sewer system, including a treatment plant, pump stations, lift stations, and sewer mains, and collects and treats wastewater from customers. D. While the parties recognize that the Band Parties have the right and the ability to create a private water system and a private sewer system on the Site, the Band Parties and the City desire to extend City water services and sewer services to the Site for the Initial Phase and Full Build -Out Phase of development and to establish terms and conditions for upgrading and improving the systems that supply those services when the need arises, as determined by the City's standards and the obligations set forth in this Agreement. An engineer's drawing showing the layouts for the Initial Phase and Full Build -Out Phase of the water system and sewer system that will serve the Site is attached hereto as Exhibit A. E. The City desires that the water system extension and the sewer system extension described in this Agreement be designed and constructed in a manner that will serve the City's plans for expanding services to future customers and the Band Parties share the City's desire and wish to assist the City in fulfilling its goal under the terms and conditions of this Agreement.