AND
A TRIBAL COMPACT WITH THE STATE OF OKLAHOMA OR OTHER APPROPRIATE GOVERNMENTAL
BODY.
MANAGER SHALL PARTICIPATE IN SUCH NEGOTIATIONS AT ITS SOLE COST.
ALL
SUCH PARTICIPATION SHALL BE UNDER THE SUPERVISION OF LEGAL COUNSEL TO THE TRIBE
AND THE TRIBAL REPRESENTATIVE.
THE FUNDS ADVANCED SHALL BE START-UP EXPENSES.
IN ADDITION, MANAGER SHALL PAY ALL REASONABLE COSTS INCURRED BY THE BUSINESS
COMMITTEE IN DOING DUE DILIGENCE, INCLUDING ONE TRIP TO MINNEAPOLIS, MINNESOTA.
THE COST OF THE DUE DILIGENCE TRIP TO MINNESOTA SHALL BE PAID BY MANAGER AND
SHALL NOT BE A START-UP EXPENSE OR AN OPERATING EXPENSE, AND SHALL NOT BE
INCLUDED IN THE LOAN FROM MANAGER.
B.
CONSTRUCTION OF FACILITY.
FOLLOWING THE EFFECTIVE DATE OF THIS
AGREEMENT, THE BUSINESS COMMITTEE, ON BEHALF OF THE TRIBE, SHALL UNDERTAKE ALL
STEPS NECESSARY TO CONSTRUCT THE FACILITY, INCLUDING, WITHOUT LIMITATION, THE
FOLLOWING:
1.
ARCHITECT, ENGINEERING AND DESIGN.
THE MANAGER SHALL RETAIN THE
ARCHITECTURAL FIRM OF KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. AND THE CIVIL
ENGINEERING FIRM OF FOX & DRECHSLER, INC. TO DESIGN THE FACILITY, INCLUDING THE
WATER AND SEWAGE
8
FACILITIES AND SITE DEVELOPMENT; PROVIDED THAT THE DESIGN, CONSTRUCTION AND
MAINTENANCE OF SUCH FACILITIES AND SITE SHALL MEET OR EXCEED ALL REASONABLE
MINIMUM STANDARDS WHICH WOULD BE IMPOSED ON SUCH FACILITIES BY EXISTING STATE OR
FEDERAL STATUTE OR REGULATION WHICH WOULD BE APPLICABLE IF THE FACILITY WERE
LOCATED OUTSIDE OF THE TERRITORIAL BOUNDARIES OF THE TRIBE, ALTHOUGH THOSE
REQUIREMENTS WOULD NOT OTHERWISE APPLY WITHIN THOSE TERRITORIAL BOUNDARIES
SUBJECT TO SUCH LESSER STANDARDS AS MAY BE APPROVED BY THE TRIBAL
REPRESENTATIVE; PROVIDED FURTHER, THAT NOTHING IN THIS SUBSECTION SHALL GRANT
ANY JURISDICTION OVER THE PROPERTY OR ITS DEVELOPMENT AND MANAGEMENT TO THE
STATE OF OKLAHOMA OR ANY POLITICAL SUBDIVISION THEREOF.
DESIGN OF THE PROJECT
SHALL COMMENCE IMMEDIATELY.
THE GENERAL CONTRACTOR EMPLOYED BY THE TRIBE SHALL
BE RESPONSIBLE FOR BUILDING THE FACILITY IN ACCORDANCE WITH THE PLANS AND
SPECIFICATIONS AND FOR PROVIDING ALL MATERIALS, EQUIPMENT AND LABOR TO CONSTRUCT
AND INITIALLY EQUIP THE GAMING OPERATION AS NECESSARY, INCLUDING SITE
DEVELOPMENT, AND FOR SUPERVISING THE CONSTRUCTION, RENOVATION OR MODIFICATION OF
THE FACILITY SO AS TO COMPLY WITH THE TERMS OF ANY LOAN AGREEMENT TO BE
EXECUTED.
THE DESIGN AND CONSTRUCTION OF THE FACILITY WILL ADEQUATELY PROTECT
THE ENVIRONMENT AND THE PUBLIC HEALTH AND SAFETY.
2.
SUPERVISION AND CONSTRUCTION.
THE ARCHITECT SHALL HAVE THE
RESPONSIBILITY TO SUPERVISE THE COMPLETION OF ALL THE CONSTRUCTION, DEVELOPMENT,
IMPROVEMENTS AND RELATED ACTIVITIES UNDERTAKEN PURSUANT TO THE TERMS AND
CONDITIONS OF THE CONTRACT WITH THE GENERAL CONTRACTOR.
THE TRIBE HAS RETAINED
THE FIRM OF MCKINNEY PARTNERSHIP AS INSPECTING ARCHITECT TO APPROVE THE PLANS
AND INSPECT THE FACILITY DURING CONSTRUCTION, PROVIDED THAT THE INSPECTING
ARCHITECT'S FEE SHALL NOT EXCEED FOURTEEN THOUSAND AND NO/100 DOLLARS
($14,000.00).
MANAGER SHALL LOAN TO THE BUSINESS
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CORPORATION A SUM NOT TO EXCEED FIVE MILLION EIGHT HUNDRED THOUSAND AND NO/100
DOLLARS ($5,800,000.00) TO BUILD, EQUIP AND OPERATE THE FACILITY.
SUCH LOAN
SHALL BEAR INTEREST AT THE RATE OF 9.25% PER ANNUM AND SHALL BE AMORTIZED