CASINO.
THE INFRASTRUCTURE IMPROVEMENTS ARE EXPECTED TO COST BETWEEN $5 AND $7
MILLION. THE CITY AND THE CORPORATION ACKNOWLEDGE THE INFRASTRUCTURE
IMPROVEMENTS TO BE MADE ON THE STREETS AND RIGHTS OF WAY OF THE CITY OF BUFFALO
WILL BE COMPLETED IN ACCORDANCE WITH ALL APPLICABLE LAWS AND ORDINANCES
(INCLUDING, WITHOUT LIMITATION, ANY REQUIREMENT THAT THE CORPORATION REQUIRE ITS
CONTRACTORS TO INDEMNIFY AND HOLD THE CITY HARMLESS AND TO PROVIDE PRIMARY
INSURANCE COVERAGE NAMING THE CITY AND ITS RELEVANT AFFILIATED ENTITIES AS
ADDITIONAL INSUREDS).
THE CITY AND THE CORPORATION WILL HOLD REGULAR MEETINGS
TO REVIEW PROGRESS ON THE INFRASTRUCTURE IMPROVEMENTS.
(E)
MWBE/WORKFORCE MATTERS.
(I)
THE CORPORATION AGREES TO PROVIDE TO THE CITY, WITHIN SIXTY (60)
DAYS AFTER THE END OF THE CORPORATION'S FISCAL YEAR, AN ANNUAL WRITTEN REPORT
ITEMIZED IN A MANNER CONSISTENT WITH THE CATEGORIES SET FORTH IN SECTION
9(A)(II) AND (VI), WHICH SET FORTH THE CORPORATION'S INTENTIONS REGARDING HIRING
OF BUFFALO RESIDENTS, MINORITIES AND FEMALES AND
INCLUDES INFORMATION REGARDING
(X) THE TOTAL NUMBER OF PEOPLE EMPLOYED BY THE CORPORATION AND SUBSIDIARY AT THE
GAMING FACILITY ON THE SENECA BUFFALO CREEK TERRITORY AND (Y) THE NUMBERS OF
SUCH EMPLOYEES WHO ARE MINORITIES AND WOMEN.
THE CORPORATION SHALL ALSO MAKE
AVAILABLE A HUMAN RESOURCES MANAGER OF THE CORPORATION TO ATTEND A COMMON
COUNCIL MEETING ONCE ANNUALLY, IF REQUESTED, TO MAKE A PRESENTATION REGARDING
SUCH ANNUAL REPORT.
(II)
THE CORPORATION AGREES TO WORK WITH THE AGENCIES LISTED IN
APPENDIX F HERETO TO INCREASE ECONOMIC OPPORTUNITY/EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN INCLUDING, WITHOUT LIMITATION, GIVING TO SUCH AGENCIES
ADVANCE WRITTEN NOTICE OF JOB FAIRS AND CONDUCTING JOB FAIRS IN ECONOMICALLY
DISADVANTAGED AREAS OF THE CITY, AS IDENTIFIED BY THE CITY.
(F)
MARKETING COVENANTS.
RECOGNIZING THAT IT IS IN THE BEST
INTERESTS OF THE PARTIES THAT THE SENECA BUFFALO CREEK CASINO DRAW VISITORS FROM
OUTSIDE THE WESTERN NEW YORK AREA, AND MAXIMIZE THE AMOUNT OF TOURIST DOLLARS
COMING TO THE CITY AND THE CORPORATION FROM OUTSIDE OF THE WESTERN NEW YORK
AREA, THE CORPORATION AGREES TO:
(I)
WORK WITH THE BOARD OF THE BUFFALO CONVENTION AND VISITORS BUREAU
("CVB") ANY OTHER MARKETING COMMITTEE OR BOARD CREATED BY THE CITY TO COORDINATE
MARKETING OF THE CITY AS A TOURIST DESTINATION IN ITS OWN RIGHT.
SUCH EFFORTS
WILL INCLUDE MARKETING OF THE FACILITIES LOCATED ON THE SENECA BUFFALO CREEK
TERRITORY.
(II)
SPEND, ANNUALLY, MORE THAN THE CVB'S BUDGET FOR FISCAL YEAR 2005
ON MARKETING THE CORPORATION'S DEVELOPMENT PROJECT ON THE SENECA BUFFALO CREEK
TERRITORY TO PEOPLE OUTSIDE OF THE EIGHT COUNTIES OF WESTERN NEW YORK, INCLUDING
ON MARKETING STRATEGIES WHICH WOULD MARKET THE DEVELOPMENT PROJECT ON THE SENECA
BUFFALO CREEK TERRITORY AS A PACKAGE WITH OTHER ATTRACTIONS IN THE CITY.
WITHIN
NINETY (90) DAYS OF THE END OF EACH FISCAL YEAR OF THE CORPORATION FOLLOWING
OPENING OF THE CASINO, THE CORPORATION SHALL DELIVER TO THE CITY A CERTIFICATE
OF AN OFFICER OF THE CORPORATION CONFIRMING COMPLIANCE WITH THIS SECTION
7(F)(II).
9
(III)
HAVE A MARKETING EXECUTIVE FROM THE CORPORATION MAKE A
PRESENTATION ON AN ANNUAL