An agreement with the Pokagon Band of Potawatomi Indians

Home Browse Search

alternative at the Band Parties' sole discretion, complete the loop that is located off the Site; and (B) To bore and jack to install 'a 12" diameter waterline Extension from the Site boundary south. under US -31. (2). Sewer Extension. The Band Parties agree to abandon the existing lift station and forcemain located on the Site and extend, at the Band Parties' cost, the trunkline sewer from the lift station located on the Site north under Prairie Avenue to the Calvert Street Lift Station. 5. Band Parties Obligations. The Band Parties shall fulfill the following obligations regarding water system and sewer system services and improvements; (a). At the Band Parties' cost, design,, apply for City and State permits required by law, and construct the Extension for the Initial Phase improvements to the water system and sewer system located on the Site. (b). Provide all design plans for the Initial Phase improvements and the Full Build -Out Phase improvements to the City. The design plans will be prepared at the Band Parties' expense by an engineering firm that meets all Indiana professional registration and licensing requirements. The design plans will be performed in accordance with the City's standards and specifications and must be submitted and approved by the City, the applicable regulatory agencies, and other governmental bodies prior to construction. (c). In order to allow the system improvements located on Site to serve adjacent property owners in the future, the Band Parties shall, upon completion of the Initial Phase, convey an easement, not less than thirty (30) feet, and dedicate to the City within such easement all water system and sewer system improvements located on the Site, including the gravity sewer, forcemain, and lift station. Upon completion of the Full Build -Out Phase, the Band Parties shall also convey an easement and dedicate to the City within such easement all water system and sewer system improvements related to the Full Build -out Phase located on the Site provided, however, that at the Band Parties' discretion and to the extent feasible the Band Parties may, upon the written consent of the City, convey such easement to the City prior to the date of completion of the Full Build -Out Phase improvements. Prior to dedicating the Initial Phase and Full Build -Out Phase improvements to the City, the Band Parties shall be responsible for all maintenance and repairs to the improvements and shall be responsible for all costs related to such maintenance and repairs. Accordingly, the Band Parties must present the City Page 6 of 16