THE
CORPORATION WILL INSTEAD ENGAGE THE SERVICES OF A LICENSED PRIVATE CONTRACTOR
UNDER APPLICABLE LAWS.
5.
ENVIRONMENTAL MATTERS.
ALTHOUGH NOT REQUIRED TO DO SO, THE
CORPORATION WILL VOLUNTARILY COOPERATE IN THE PREPARATION OF SUCH ENVIRONMENTAL
REVIEWS OR REPORTS THAT ARE REQUIRED OF THE CITY BY STATE OR FEDERAL LAWS,
INCLUDING, BUT NOT LIMITED TO, THE CITY'S COMPLIANCE WITH THE NEW YORK STATE
ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") WITH RESPECT TO THE APPROVAL OF THIS
AGREEMENT.
6.
COVENANTS OF THE CITY.
IN EXCHANGE FOR THE COMMITMENTS OF THE
CORPORATION AND THE NATION IN THIS AGREEMENT, THE CITY SHALL:
(A)
FULTON STREET SECTION.
(I) PROMPTLY TAKE SUCH STEPS AS ARE
NECESSARY UNDER APPLICABLE LAW TO ABANDON AND SELL TO THE CORPORATION THE FULTON
STREET SECTION, USING THE APPRAISAL METHOD PROVIDED FOR IN THE CHARTER AND
ORDINANCES OF THE CITY OF BUFFALO AND (II) WITHIN THIRTY (30) DAYS AFTER THE
EFFECTIVE DATE, DELIVER TO THE CORPORATION, UPON RECEIPT OF THE FULTON STREET
PAYMENT, A DULY EXECUTED QUITCLAIM DEED IN THE FORM OF APPENDIX B HERETO,
TOGETHER WITH AN RP 5217 FORM, EXECUTED BY THE CITY, AND A TP-584 FORM, BOTH
COMPLETED WITH RESPECT TO THE CITY TO THE EXTENT REQUIRED.
THE SALE OF THE
FULTON STREET SECTION SHALL BE FREE AND CLEAR OF ANY ENCUMBRANCES.
THE CITY
AGREES TO ALLOW THE CORPORATION TO CAP OFF, AND TO COOPERATE IN ANY REASONABLE
MANNER WITH SUCH CAPPING OFF, IN EACH CASE AT THE EXPENSE OF THE CORPORATION AND
IN ACCORDANCE WITH APPLICABLE LAW, ALL PUBLIC UTILITY LINES AND FACILITIES
CURRENTLY LOCATED WITHIN OR UNDER THE FULTON STREET SECTION.
UPON DELIVERY TO
THE CORPORATION OF THE EXECUTED QUITCLAIM DEED TO THE FULTON STREET SECTION, THE
CITY SHALL, AT THE REQUEST OF THE CORPORATION OR THE NATION, TRANSMIT A LETTER
TO THE U.S. SECRETARY OF THE INTERIOR SUPPORTING THE NATION'S SUBMISSION TO HAVE
THE FULTON STREET SECTION TAKEN INTO RESTRICTED FEE STATUS IN ACCORDANCE WITH
THE SENECA NATION LAND CLAIMS SETTLEMENT ACT.
(B)
INFRASTRUCTURE IMPROVEMENTS.
COOPERATE IN GOOD FAITH WITH THE
CORPORATION IN ANY REASONABLE MANNER REQUESTED BY THE CORPORATION TO ASSIST IN
THE EXPEDITIOUS COMPLETION OF THE INFRASTRUCTURE IMPROVEMENTS AND TO HOLD
REGULAR MEETINGS WITH THE CORPORATION FOR THE PURPOSES SET FORTH IN SECTION 7(D)
OF THIS AGREEMENT.
7
(C)
HOST COMMUNITY SHARE.
DEPOSIT AN AMOUNT EQUAL TO FIFTEEN PERCENT
(15%) OF EACH OF THE FIRST EIGHT AND A HALF ANNUAL HOST COMMUNITY SHARE
PAYMENTS, WITHIN TEN (10) DAYS OF RECEIPT BY THE CITY, IF ANY, RECEIVED BY THE
CITY AFTER OPENING OF THE CASINO, INTO A SEGREGATED ACCOUNT ESTABLISHED BY THE
CITY IN THE CITY'S GENERAL FUND DESIGNATED SOLELY FOR THE PURPOSES DISCUSSED
BELOW.
DECISIONS AS TO EXPENDITURES FROM THIS DESIGNATED SEGREGATED ACCOUNT
SHALL BE MADE BY THE CITY, AFTER CONSULTATION WITH AND ADVICE BY A BOARD THAT
CONSISTS OF FOUR INDIVIDUALS AS FOLLOWS:
ONE INDIVIDUAL DESIGNATED BY THE MAYOR
OF THE CITY, ONE INDIVIDUAL DESIGNATED BY THE CITY'S COMMON COUNCIL, ONE
INDIVIDUAL DESIGNATED BY THE NATION'S TRIBAL COUNCIL, AND ONE INDIVIDUAL
DESIGNATED BY