An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY into, without unnecessary delay, an agreement with the Band Parties to provide any and all services to the Site requested by the Band Parties that the Department of Public Works usually and customarily provides to other residential and commercial customers, which -shall include without limitation the extension of water service and sewer service; and may, as needed, include residential refuse. collection and recycling service To the extent needed to secure services, the City shall also use reasonable efforts,; subject to the limitations of applicable law, to cause any other appropriate department or agency of the City to enter into, without' unnecessary delay, one or more agreements with the Band Panties to provide any other services reasonably requested by the Band or PGA that the City usually and customarily provides to other residential and commercial customers. Subject to applicable law, the City shall provide all such services to the Site upon terms and conditions and at costs that are consistent with the City's usual and customary practices regarding its other commercial and residential customers. Notwithstanding the foregoing, the parties understand and agree that the ILT Payments required under Section 14 fulfill all obligations the Band Parties might have to pay an equitable share of the operational costs and the costs for services that the City would recover through taxation or other form of assessment if the Site were subject to taxation by the state and its political subdivisions. Any agreements entered into under this Section 10 shall be included as separate . exhibits and incorporated into this Agreement. 11, No Other Gaming, The City agrees to not solicit, encourage, induce, endorse or support the establishment, operation, or conduct of riverboat gambling and inland casino gambling under IC 4 -33, et seq. and any other types of gaming in the City, except for the Indiana state lottery authorized under IC 4 -30 et seq., charity gaming activities authorized under IC 4 -32.2 et seq., and type II gaming authorized under IC 4 -36 et seq., all to the extent permitted under Indiana law as of the date of this Agreement written above. Upon the written request of the Band Parties, the City agrees to actively oppose any proposed expansion of the foregoing gaming activities in the City beyond the gaming activities that are already permitted in the City under Indiana law as of the date of this Agreement written above. Nothing in this Section 11 shall be construed as requiring the City to oppose, avoid or otherwise act or fail to act in a manner that hinders or prevents the conduct of gaming activity in the City, provided such gaming activity is being lawfully conducted in the City on the date of this Agreement written above under applicable state and federal laws. 12. Upfront Costs of Development. The Band Parties will pay for all upfront costs to develop the Site, including related professional fees, whether associated with the initial and /or future development of the Site. Such development costs shall include, but not be limited to: (i) all costs of road improvements and traffic and safety control devices reasonably related to ensuring safe and efficient means of Page 6 of 22