An agreement with the Pokagon Band of Potawatomi Indians

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CITY OF SOUTH BEND .PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR Mr. Tim Scott President South Bend Common Council 400 County City Building 227 W. Jefferson Boulevard South Bend, IN 46601 March 23, 2016 Re: Resolution To Approve Agreement With Pokagon Band of Potawatomi Indians Dear Council President Scott: The City of South Bend and Pokagon Band of Potawatomi Indians have reached an agreement related to restoration of the Pokagon Band's homeland and proposed development of its 166 -acre site in South Bend that will be home to a Tribal Village and a Four Winds Casino (the "Site "). The agreement involves payments in lieu of property taxes by the Pokagon Band to the City of South Bend, community development initiatives, and other terms and conditions related to the development of the Site. This agreement was recently approved by the Pokagon Band Tribal Council and the Pokagon Gaming Authority Board of Directors. A Resolution for the Common Council to likewise approve this agreement is attached, along with a copy of the Agreement itself which includes as exhibits the approving resolutions of the Pokagon Band of Potawatomi Indians Tribal Council and of its Board of Directors. This agreement represents the spirit of mutual cooperation between the City of South Bend and the Pokagon Band, and further demonstrates the Pokagon Band's long -term commitment to investing in the City of South Bend and its residents. As part of the Local Agreement, the Pokagon Band has agreed to make an annual payment to the City of South Bend equal to two percent of net vin. Half of these payments (one percent of net win) will be paid directly to the City's General Fund to cover costs of providing services other than sewer and water to the site and for other purposes.' The other half of these payments (one percent 1 Although private water and sewer systems would be permissible on the Site, both the City of South Bend and the Pokagon Band believe there would be mutual benefit from extending cite. services to the site. Consequently, the parties entered into a Sewer and Water Agreement, which was adopted by the Board of Public Works on March 22, 2016. The Sewer and Water Agreement is attached to this letter for the Council's information. In exchange for city water and 1400 COUNTY -CITY BUILDING • 227 W JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 466oi PHONF• 574/235-9261 • FAx 574/235-9892 - TTY 574/235-5567