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From:              Keith KocherTo:                Patrick Martin; la¥J::.Qllec:                                           ...
by the Department of the Interior of the United States of America ,(iii) which               land becomes eligible for gam...
lottery response re question from review board re peninsula's  timelines  exhibit
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lottery response re question from review board re peninsula's timelines exhibit

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Transcript of "lottery response re question from review board re peninsula's timelines exhibit"

  1. 1. From: Keith KocherTo: Patrick Martin; la¥J::.Qllec: ~~::!!!.,]oe~Se",I~len",5; JOHN ElLIOTT; Jeffrey Wiethi!rn; Jonathan Swain; Ctint PattySubject: Question from °timelines" exhibitDate: Monday, December 06, 2010 10:32:57 AMAttachments: 20101202133836131.pdfPatrick and Jay -For ease of reference, attached is a scanned copy of the "timelines" exhibit provided byPeninsula Gaming on which the Review Board asked the LottelY to comment. Per theLotterys understanding of both applicants proposals and contracts the time1ines appear to befairly accurate but we would add the following qualifiers and clarifications: I. Regarding the first section entitled "Kansas Star Timeline of Investment Regardless of Tribal Gaming" - This appears to accurately summarize Peninsula Gamings contractually obligated timeline; 2. Regarding the two sections entitled "WinSpirit Tjmeline of Investment With T,.ibal Gallljllg" and "WinSpirit Timeline ofInyestment No T,.ibal Gallling" - Globals timeline for constLUction is 14 months. This is admittedly a relatively minor point, but assuming final contract approval in January 20 II, that would result in the planned casino opening in March 2012 (not April as set forth on the middle section of the timeline, although per contract the opening may actually extend up to 30 months from final approval of the contract). That same one- month adjustment may need to be made elsewhere; 3. Regarding only the section entitled "Win Spirit Timeline ofInyestment Witb Tribal Gallling" - a. The Janumy 2016 and Janumy 2018 dates should be qualified as maximum dates because those items could be accomplished sooner (Le., the delay in implementing those phases may be delayed for a period "lJ.]1.tQ ... 730 days"); and, b. With the constLUction of a "tribal gaming facility" as that term is defined in the Contract, it is accurate to state the items listed in "Phase 2A" would not be contractually required (those items on the timeline marked in red as "Not Required"). 4. Regarding only the section entitled" "WjnSpirit Timeline of Investment - No Tribal Gallling" - We would clarify that some of Globals scheduled investments do not have the corresponding dollar amounts attributed to them (which dollar amounts are set forth in Exhibit C appended to Globals Contract); 1. Although probably understood, the tenn "Tribal Gaming Facility" is a fact- specific and defined term of art in Globals contract, as follows: "Tribal Gaming Facility" means, for the purpose of this Contract, a gaming facility which meets all of the following: (i) is located on the approximate 10.5 acres of land in Park City, Kansas in the South Central Gaming Zone, and owned by the Wyandotte Tribe of Oklahoma (ii) that has been taken into trust
  2. 2. by the Department of the Interior of the United States of America ,(iii) which land becomes eligible for gaming by the Wyandotte Tribe of Oklahoma, and, (iv) on which land a facility of any kind is opened by the Wyandotte Tribe of Oklahoma in which they operate more than 500 electronic gaming devices. 2. In all other respects the exhibit appears to fairly summarize the timelines to which each applicant is contractually bound.Please let us know if you or the Review Board have any further questions or concerns.Thank you -Keith KochelDirector of Gaming FacilitiesJ{AN$j~S LOtviERY128 N. Kansas AvenueTopeka, KS 66603785-296-5706 (office)785-296-5722 (fax)keith .Iwc hcr@ksottcly.llet

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