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

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F. The City recognizes that representations -and obligations made by the Band Parties under this Agreement are voluntary and are not required by any federal or state law. G. The City represents that it is authorized to enter into this Agreement by a duly adopted resolution of the Board of Public Works', a true copy of which is attached as Exhibit B -1. - H. The Band represents that it is authorized to enter into this Agreement by a duly adopted resolution of the Band Tribal Council, a true copy of which is attached as Exhibit B-2. I., PGA represents that it is authorized to enter into this Agreement by a duly adopted resolution of the Pokagon Gaining Authority Board of Directors, a true copy of which is attached as Exhibit B -3. OW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, the Band, PGA, and the City agree as follows: 1: Recitals true. The above recitals are true. 2. Definitions. The following terms, whenever used or referred to in this Agreement, shall have the respective meanings stated below: (a). "Agreement" means this Water and Sewer Service Agreement. (b). "Band" means the Pokagon Band of Potawatomi Indians, a sovereign federally- recognized Indian tribe, as reaffirmed in the Pokagon Restoration Act of 1994, 25 U.S.C. §§ 1300j et seq. (c). "Band Parties" means the Band and PGA and "Band Party" means either the Band or PGA. (d). "Calvert Street Lift Station" means the sewer system lift station located at or near the intersection of W. Calvert Street and Renewable Road. (e). "City" means the City of South Bend, a municipal corporation existing under the laws of Indiana. (f). "]Extension" means the water system extension and /or the sewer system extension as described in Section 4, Section 5, and Exhibit A of this Agreement. Page 2 of 16