After nearly two months of bickering in and out of court, the Wampanoag tribe and town of Aquinnah have a written agreement that allows the tribe to secure the site of the proposed bingo hall where construction activity has been halted.

In a joint stipulation filed in federal court on Friday, the town agreed to allow the tribe to pour concrete, backfill trenches and cover exposed rebar on the site off Black Brook and State Roads, as long as the tribe provides a copy of the foundation plan to town building inspector Leonard Jason Jr. before beginning the work.

According to a copy of the foundation plan released to the Gazette on Tuesday, the tribe plans to build an approximately 10,000 square foot sprung structure that will be connected to an oval-shaped concrete foundation. The building appears to have at least six bump-outs with concrete pavement and ramps, suggesting entry and exitways. Sourati Engineering Group, a civil engineering firm on Martha’s Vineyard and Nantucket, designed the plans.

The plans do not indicate the height of the structure, although they list an 80-foot span for the building’s arches.

According to the agreement, Mr. Jason will have the right to comment on the foundation plan before work begins, and the tribe will be required to act on any concerns it regards as legitimate.

“Both sides agree to act in good faith,” the joint stipulation says in part.

“This is the first inkling of any substantive plan for this building that the town has seen,” town administrator Jeffrey Madison said Friday.

Contacted on Tuesday, Mr. Jason said he saw a copy of the plans stamped by a civil engineer that indicated they were structurally sound and that he had authorized work to begin. The building inspector said he had visited the site, and that none of the work on the foundation had been completed yet.

Attorneys on both sides have been sparring since U.S. District Court Judge Dennis Saylor 4th ruled in June that the tribe could not begin construction on the gambling facility before obtaining local building permits. The tribe is appealing the ruling.

Meanwhile, attorneys for the tribe have been pressing Judge Saylor for permission to secure the site by pouring concrete in areas where footings had been dug before construction was halted, saying that exposed trenches and rebar at the facility presented a safety hazard. Attorneys for the town have vigorously opposed the requests, saying the tribe should apply for a permit before completing any more work at the site.

The judge has repeatedly asked the two sides to work out their differences out of court while his June ruling goes up on appeal.

“I understand emotions are running high,” Judge Saylor said during the first of two telephonic conferences held in August. “I am going to ask everyone to put those feelings on hold to work out a safe and sensible position in the short-term, and get this sent up to the court of appeals so they can determine whether I was right.”

In a second telephone conference August 22, the points of contention remained unresolved. Judge Saylor issued an order allowing the tribe to secure the site by covering exposed rebar, but not pouring concrete.

The order came with a weeklong window for the town and tribe to reach an out-of-court agreement that would supersede the court ruling.

Now an agreement has been reached.

“The tribe will proceed with its proposed limited plan to render the site safe and preserve work done to date,” the joint stipulation reads in part. “The safety/preservation plan . . . consists of pouring concrete and backfilling trenches solely for the purpose of closing the trenches such that rebar steel is not exposed in a manner that risks serious injury or impalement.”

The agreement also allows for the town building inspector to be present on the site and states that he has the right to voice concerns with construction in good faith. No work can be done outside the scope of the tribe’s pre-submitted safety plan. Work will begin after Labor Day and be completed on or before Sept. 15, according to the agreement.

The joint stipulation also addresses concerns raised by attorneys for the tribe that any agreement between the two sides could be viewed prejudicially in light of the appeal of Judge Saylor’s decision on permitting. The tribe filed a notice of appeal in the U.S. Court of Appeals First Circuit on August 26.

“This stipulation is entered into by the parties without prejudice to either the town’s or the tribe’s litigation positions,” the agreement says. “The town agrees that it will not use the stipulation in court to suggest that the tribe has agreed that the town’s permitting authorities have any authority over the tribe’s project,” it states in part. “And the tribe agrees that it will not use the stipulation in court to suggest that it may go forward with its project without all permits and approvals that the Town and State would otherwise require.”

The agreement also states that if Judge Saylor’s decision is affirmed, there is a risk that work on the site may have to be undone — a point Mr. Madison emphasized.

“We don’t think anything is necessary but this is the agreement we came to,” the town administrator said. “It’s important from our perspective that the tribe is going to do the work contemplated by the agreement filed, with the understanding that it all can be undone . . . This is not a total capitulation to the tribe, but is an agreement in the spirit of working together.”