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AMENDMENT NO. 1 <br />to <br />WATER SERVICE AND SEWER SERVICE AGREEMENT <br /> <br /> <br /> <br />This Amendment modifies the Water Service and Sewer Service Agreement <br />made on the 22nd day of March, 2016 by and between the POKAGON BAND <br />OF POTAWATOMI INDIANS (the “Band”), the POKAGON GAMING <br />AUTHORITY, an unincorporated instrumentality of the Band (“PGA”), and <br />the CITY OF SOUTH BEND, a municipal corporation existing under the <br />laws of Indiana (the “City”). <br />RECITALS <br />A. WHEREAS on November 28, 2016 pursuant to a final agency <br />determination by the Assistant Secretary – Indian Affairs for the U.S. <br />Department of the Interior, the United States accepted the conveyance of <br />approximately 166 acres located in the southeast quadrant of Prairie Avenue <br />(State Road 23) and US -31 in South Bend, Indiana (“Site”) Site in trust for the <br />Band; <br />B. WHEREAS the Water Service and Sewer Service Agreement <br />entered into on March 22, 2016 (hereinafter referred to as the “Water/Sewer <br />Agreement”) by the City, the Band and PGA (the Band and PGA collectively, <br />the “Band Parties”) provides that the Band Parties will install an Initial Phase <br />water and sanitary sewer infrastructure to serve the Phase I Development of <br />the Site and will install a Full Build -Out Phase water and sewer infrastructure <br />to serve additional development on the Site if projected additional water and <br />sewer demands reach the “Full Build -Out Threshold” criteria described in the <br />Water/Sewer Agreement; <br />C. WHEREAS in October of 2019, PGA commenced construction on <br />a Phase II Development of the Site which, when complete, is projected to <br />trigger the Full Build-Out Threshold requiring the Full Build -Out Phase of <br />water and sanitary sewer systems serving the Site; <br />D. WHEREAS the Water/Sewer Agreement reflects the City’s desire <br />that the Full build -Out Phase water system extension and sewer system <br />extension be designed and constructed in a manner that will serve the City’s <br />plans for expanding services to future customers and the Band Parties support <br />the City in its effort to fulfill its goal under the terms and conditions of th e <br />Water/Sewer Agreement and this Amendment. <br />E. WHEREAS subsequent to entering into the Water/Sewer <br />Agreement, the City determined that certain changes to the design for the Full <br />Build-Out Phase water system described in the Water/Sewer Agreement were