An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY (6), Have the United States take the Site into trust, by: (1). Submitting aletter and other pertinent documents to the Secretary of the Interior expressing support for the Trust land Application; (2). Reasonably supporting the Band's efforts in legal or administrative proceedings relating to any decision by the Secretary of the Interior to take the Site into trust, including the filing of amicus briefs to assist in bringing about benefits associated with taking the Site into trust, provided this provision shall not be deemed to diminish the City's autonomy in determining the particular legal arguments or positions to be made by the City in any such atnicus brief to the extent that they are not inconsistent with the legal arguments or positions of the Band Parties and the U.S. government in such proceedings; (3). Reasonably communicating with and, when needed, traveling to meet with officials of the Department of the Interior and other federal officials, whether at Minneapolis, Minnesota,'Washington, D.C., or elsewhere. (b). Negotiate a class III gaming compact C'Compact") with the state of Indiana, that is not inconsistent with the express terms of this Agreement, including ratification of the Compact by the Indiana general assembly and approval of the Compact by the Secretary of the U.S. Department of the Interior. (c), Obtain: (i) a wetland permit from the U.S. Army Corps of Engineers under 'Section 404 of the Clean Water Act (33 U.S.C. § 1251 et seq.); (ii) a water quality -certification from the Indiana Department of Environmental Management and/or the Indiana Department of Natural Resources under Section 401 of the Clean Water Act and applicable Indiana law; and (iii) all other environmental permits, certifications, and approvals for the development of the Site that may be required from federal or state agencies under applicable law. (d). In general, facilitate the earliest possible opening of the Resort or any phases thereof, which shall be in compliance with the requirements of Section 2 of this Agreement. The Band Patties shall reimburse in a timely manner the City's costs in fulfilling its obligations under this Section 9, including but not limited to reasonable professional fees and travel expenses. 10. City Services to the Site. The City shall use reasonable efforts, subject to the limitations of applicable law, to cause the Department of Public Works to enter Page 5 of 22