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Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana
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Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana
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4/26/2017 10:09:21 AM
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3/23/2016 2:53:38 PM
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City Council - City Clerk
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16-32
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EXECUTION COPY <br />(g). YMCA Women's Shelter of South Bend. The Band Parties shall donate <br />$125,000.00 to the YMCA Woman's Shelter of South Bend, which donation <br />shall be paid over a period of five (5) years at $25,000.00 per year with the <br />first payment due twelve (12) months after the Resort commences gaming <br />operations. <br />(h). Jobs for Americas Graduateslndiana. The Band Parties shall donate <br />$250,000.00 to Jobs for America's Graduates — Indiana „which donation shall be <br />paid over a period of five (5) years at $50,000.000 per year with the first <br />payment due twelve (1.2) months after the Resort commences gaming <br />operations. The use and purpose of each annual donation shall be determined <br />by the Band Parties in consultation with JAG- Indiana. <br />(i). Food Bank ofNorthern Indiana. The Band. Parties shall donate $100,000.00 <br />to the Food Bank of Northern Indiana, which donation shall be paid over a <br />period of five (5) years at $20,000.00 per year with the first payment due <br />twelve (12) months after the Resort commences gaming operations. The use <br />and purpose of each annual donation shall be determined by the Band Parties <br />in consultation with the Food Bank of Nor thorn Indiana. <br />Boys and Girls Clubs of St. Joseph County. The Band Parties shall donate <br />$100,000.00 to the Boys and Girls Clubs of St. Joseph County, which <br />donation shall be paid over a period of five (5) years at $20,000.00 per year <br />with the first payment due twelve (12) months after the Resort commences <br />gaming operations. The use and purpose . of each annual donation shall be <br />determined by the Band Parties in consultation with the Boys and Girls Clubs <br />of St. Joseph County. <br />lb. Term. The term of this Agreement ( "Term ") shall commence upon its full <br />execution, and shall continue in effect so long as the Band Parties, or any person <br />or entity on their behalf, develop the Resort and, after the Resort opens, so long as <br />the Band Parties, or any person or entity on their behalf, operate Class II Games or <br />Class III Games at the Resort; provided that the term shall not exceed 99 years. <br />17. Dispute Resolution. The Band, PGA, and the City agree that the dispute <br />resolution process set forth in this Section shall be the exclusive process available <br />to the parties to resolve Disputes. The parties agree that through this Dispute <br />resolution process, the parties shall be entitled to all forms of relief allowed by <br />Governing Law for breach of contract, as defined below, not otherwise prohibited <br />by this Agreement including, but not limited to, injunctive relief, specific <br />performance, and actual damages. <br />Page 13 of 22' <br />
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