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EXECUTION COPY <br />gaining resort facility which shall bear the Band's gaining brand, "Four Winds" (the <br />"Resort"). <br />F. Thep purpose of 'this Agreement is to establish and the various <br />Urp arious <br />and beneficial commitments that the Band and PGA ('13a d Parties ") and the Cit have. <br />made to each other out of recognition and respect for the sovereignty and mutual best <br />interests of each party. <br />G. The City recognizes that representations and agreements made by the Band <br />Parties -under this Agreement are voluntary on the part of the Band Parties and are not <br />required by any Indiana law or any federal law, including without limitation <br />IGRA- <br />H. The City recognizes and agrees that the Tribal Village and Reso rt; and the <br />Band Parties' undertakings, under this Agreement are intended and expected to. <br />substantially itially benefit the South Bend community, and the City wishes I to formally <br />aclwoWleOge its sup e <br />support Trust Land Application and the Tribal Village' and <br />Resort.. <br />I. The City represents that it was authorized to enter into this Agreement by <br />duly adopted resolution of the City Common Council, a true copy of which is attached as <br />Exhibit B -1. <br />J. The Band represents that it was authorized to enter into this Agreement by <br />duly adopted resolution of the Band. Tribal Council, a true copy of which is attached as <br />Exhibit B -2. <br />K. PGA represents that it was authorized to enter into this Agreement by duly <br />adopted resolution of the Polcagon Gaming Authority Board of Directors, a true copy of <br />which is attached as Exhibit B-3. <br />NOW, THEREFORE, in consideration of the mutual covenants, conditions and <br />promises herein contained, the receipt and sufficiency of which are expressly <br />acknowledged, the Band, PGA, and the City agree as follows: <br />1. Recitals true. The above recitals are true. <br />2. Tribal Laws Concerning Health, Environment and Building Construction. The <br />Band, in the exercise of its sovereign powers, has enacted and shall sustain as <br />enacted Band law a Health and Safety Act ("Tribal Health and Safety Act") <br />which establishes standards that are at least as rigorous as state and local laws <br />concerning but, not limited to, health, environment, fire protection, and building <br />construction. The Band shall ensure through implementation and enforcement of <br />Page 2 of 22 <br />