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An agreement with the Pokagon Band of Potawatomi Indians
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An agreement with the Pokagon Band of Potawatomi Indians
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Last modified
4/25/2017 4:35:30 PM
Creation date
4/14/2016 12:45:27 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
4/11/2016
Ord-Res Number
4554-16
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This Agreement is made on the A_ day of March, 2016 by and between the <br />POKAGON BAND OF POTAWATOMI INDIANS (the "Band "), the POKAGON <br />GAIVIlNG AUTHORITY, an unincorporated instrumentality of the Band ( "PCrA "), and <br />the CITY OF SOUTH BEND, a municipal corporation existing under the laws of Indiana <br />(the "City "). <br />A Concurrently with their approval of this Agreement, the Band Parties and <br />the City are entering into a separate "Local Agreement" concerning the intended <br />developmentby the Band of a Tribal Village and the development by PGA of a Resort on <br />an approximately 1,66 -acre site located within the City; which planned development as <br />well as foreseeable but as yet . unplanned development will require water service and <br />sewer service. <br />B. On or about May 14, 2012, as provided in 25 U.S.C. §§ 1300j et seq. (the <br />"Restoration Act "), the Band filed an application with the U.S. Department of the <br />Interior; Bureau of Indian Affairs to have the Secretary of the Interior take title to the Site <br />in trust for the Pokagon Band of Potawatomi Indians, Michigan and Indiana. <br />C The City owns, operates and maintains a water supply system, including a <br />filtration plant, storage and transmission facilities, and pumping stations, and furnishes <br />filtered and treated water to customers. The City also owns, operates and maintains a <br />complete sanitary sewer system, including a treatment plant, pump stations, lift stations, <br />and sewer mains, and collects and treats wastewater from customers. <br />D. While the parties recognize that the Band Parties have the right and the <br />ability to create a private water system and a private sewer system on the Site, the Band <br />Parties and the City desire to extend City water services and sewer services to the Site for <br />the Initial Phase and Full Build -Out Phase of development and to establish terms and <br />conditions for upgrading and improving the systems that supply those services when the <br />need arises, as determined by the City's standards and the obligations set forth in this <br />Agreement. An engineer's drawing showing the layouts for the Initial Phase and Full <br />Build -Out Phase of the water system and sewer system that will serve the Site is attached <br />hereto as Exhibit A. <br />E. The City desires that the water system extension and the sewer system <br />extension described in this Agreement be designed and constructed in a manner that will <br />serve the City's plans for expanding services to future customers and the Band Parties <br />share the City's desire and wish to assist the City in fulfilling its goal under the terms and <br />conditions of this Agreement. <br />
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