An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY prohibitions or limitations under IGRA or other applicable federal law, make payments of net revenue from Class III Games under this Agreement such that the total of the. payments made under this Agreement and those made under the Indiana Compact equal two percent (2 %) of the Net Win from Class III Games operated at the Resort. Except to the extent that the Indiana Compact provides otherwise, such payments shall be made in accordance with the standards and procedures in Section 14(d) applicable to ILT Payments from Class Il Games. (3). Provided that the Resort was the only casino conducting gaming that is substantially equivalent to Class II Gaming, or Class III Gaming within a twenty -five (25) mile radius of the Resort, excluding any other casino that may be operated by or on behalf of the Band or PGA, PGA guarantees that each Annual ILT Payment made to the City pursuant to this subsection (e) will not be less than; (A) ONE MILLION DOLLARS ($1,000,000.00) if throughout the Annual ILT Payment period, excluding events or circumstances within PGA's control, PGA had the physical infrastructure and legal right to conduct gaming at the Resort at a minimum capacity of not less than 850 Class III Games and not more than 1,699 Class III Games.; or (B) TWO MILLION DOLLARS ($2,000,000.00) if throughout the Annual ILT Payment period, excluding events or circumstances within PGA's control, PGA had the physical infrastructure and legal right to conduct gaming at the Resort at a minimum capacity of not less than 1,700 Class III Games. 15. Community Development Initiatives. IGRA subsection 2710(b)(2)(B) strictly limits the use of net revenues from tribal gaming, but expressly permits donations to, among other things, charitable organizations. In consideration of the Band Parties' and the City's mutual commitment to the health and welfare of the residents of the South Bend area and as an additional incentive for the City to fulfill its obligations under this Agreement, the Band Parties agree to: (i) fund the initiatives described below in this Section in accordance with the terms stated therein; and (ii) with respect to subsections (b) through 0) of this Section provide the City with an annual report demonstrating the Band Parties' full compliance with its obligations under each such subsection. (a). Howard Park Improvements. The Band Parties shall contribute $2,225,000.00 to the City for the purpose of renovating, modernizing and making other improvements to Howard Park, located at 219 S. St. Louis Blvd. in South Page 11 of 22