An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY ground transportation to, from and around the Site, as required by the Record of Decision to be issued by the Bureau of Indian Affairs, U.S. Department of the Interior ("BIN') in Compliance with the National Environmental Policy Act of 1970 (42 U.S ;C. 4321 et seq.) upon its approval of the Trust Land Application; and (ii) all costs of bringing water, wastewater treatment, and other City- supplied utility services and infrastructure to the Site and, subject to the limitations of Section 10, the reasonable and necessary operational expenses of such services. 13. Nuisances. The Band Parties shall be responsible for ensuring that the Resort operates in compliance with the following provisions of the City's Municipal Code: Sections 13- 570) -(b), 13 -82, and 17 -8, as such sections exist at the time of the execution of this Agreement as well as any amendments and/or successor provisions to each. The Band Parties' agreement to comply with these provisions shall be . enforceable solely under the terms of this Agreement, but the Band expressly does not subject itself to, or waive its sovereign immunity as to any enforcement action undertaken pursuant to the foregoing provisions or other provisions of the City's Municipal Code. 14. Payments in Lieu of Taxes to the City. (a). The City, the Band, and PGA recognize that: (1). When the Site is talcen into trust, it will be removed from the property tax rolls and thereafter neither the Band nor PGA shall be under any legal obligation to make property tax payments for the Site; (2). The City`will experience increases in some operating costs as a direct result of the operation of the Resort; (3). IGRA subsection 27 1 0(b)(2)(B) strictly limits the use of net revenues from tribal gaming, but expressly permits payments to, among other things, help fund operations of local government agencies; and (4). Establishing financial incentives to the City will encourage, promote and contribute to the success of the Resort and will benefit both parties and the region. Based on those considerations, the City and the Band Parties have determined . that it is in their mutual best interests to establish the requirements in this Section 14 for the Band Parties to make payments in lieu of taxes ( "ILT Payments ") to the City from revenue generated by the operation of Class II Games at the Resort. Page 7 of 22