Host Agreement with Raynham Park LLC

HOST COMMUNITY
AGRBEMENT
lf
T(
day of June,
This l-lost Community Agreement ("Agreement") is made and entered into this
z}n, by and between the Inhabitants of the Town of Raynham, a Massachusetts rnunicipal cotporation
with its offices at 558 South Main Street, Raynham,MA 02767 ("Town"), and Raynham Park, LLC, a
Delaware limited liability company, with its principal office at 1958 Broadway, Itaynham MA 02767
("Raynharn Park"), (collectively the "Parties").
WHEREAS, Massachusetts General Laws, Chapter 23K, establishes and provides for expanded
ganring in the Conrmonwealth consistent with the terms and requirements set forth therein; and
WHEREAS, under M.GL. c,23K, $15, an applicant for a license to own and operate a gaming
establishment must enter into an agreement with the host community of the proposed gaming
establishment, which shall set forth the conditions to have a gaming establishment located within the
host community; provided, however, that the agreement shall include a community irnpact fee for the
host community and all stipulations of responsibilities between the host community and the applicant,
including stipulations of known impacts from the development and operation of a gaming
establishnent; and
WHEREAS, Raynham Park is an applicant for a Category 2 gam\ng license to own a gaming
establishment to be located at 1958 Broadway (Route 138), Raynham, Massachusetts ("the Premises");
and
WHEREAS, the Parties desire to address the potential impacts that may result from the
development and operation of the gaming establisllnent at the Premises, and facilitate the positive
economic benefits to be derived from the project; and
WHEREAS, in fuftherance of those goals, and in satisfaction of the requirements of M.G.L. c.
23K, the Parties have agreed to enter into this Agreement and thereby set forth their rnutuai
understandings in effectuating the purposes set forth above.
NOW, TI{EREFORE, in consideration of the covenants and mutual promises contained herein
and other good and valuable consideration, the receipt and sufllciency of which are hereby
acknowledged, the Parties hereto, intending to be bound hereby, agree as follows:
1.
Agreement to Location of Gaming Establislurent: The Town hereby agrees to the
location of the gaming establishment at the Premises as shown on Exhibit I attached
hereto and made a part heleof by incorporation by reference which shows the proposed
facilities at which a Category 2 gaming license activities will take place. The various
fees set forth in this Agreement are based on the proposed gaming establishment
(defined as 1,250 slot machines to be confined within the proposed 175,000 sq. ft. of
floor area within the buildings at tire Premises) and any other buildings at the Premises
substantially as shown in Exhibit 1, The Parties recognize that the gaming establishment
and/or any other buildings as shown on attached Exhibit I may change, and the proposed
irnpact fee with annual increases and the other fees included in this Agreernent will
apply notwithstanding such changes, including any increase in the size of tlie total floor
area of the gaming establishment. Further', this Agreement is predicated on Raynham
Park's ganiing establishrnent being iimited to 1,250 slot machines and no table games.
In the event that the Raynham Park is allowed rnore slot machines and/or table games,
then the parties shall negotiate a revised and/or new agreement as to impacts on the host
community and impact fees.
)
ments Set Forth i
ferend
and
binding vote on a
celtified
procedure
for
a
M.G.L. c. 23K. l5(13). The Town shall carry out the
ballot question at an election in favor of such license;provided, however, that a request for an election
shall take place after the signing of an agreement between the Town and Raynham Park; provided,
further, that upon receipt of a request for an election, the governing body of the Town shall call for an
election to be heid not iess than sixty (60) days but not more than ninety (90) days from the date that
the request is received; provided, fufther, that the signed agreement between the Town and Raynham
ion to Satisfv the Public
g
Park shall be made public with a concise summary, approved by the Town Counsel, in a periodical of
general circulation and on the official website of the Town not later than seven (7) days after the
agreement is signed by the parties; provided, further, that the agreement and summary shall remain on
the website until the election has been certified; provided, further, that the Town shall be reimbursed for
its expenses related to the election by Raynharn Park within thirty (30) days after the election;
provided, further, that the Massachusetts Gaming Comrnission shall deny an application for a garning
license if Raynham Park has not fully reimbursed the Town, pursuant to the procedures set forth irr
M.G.L. c.23K, $15(13).
3.
Proiect Plamring Pavments. Raynham Park agrees to pay the Town's reasonable and
direct costs (including but not limited to planning and peer review costs and reasonable legal fees) of
determining the impacts of the project and negotiating this Agreement and any related agreements, as
well as other reasonable and direct costs incuned by the Town in connection herewith (including but
not limited to costs incuned in connection with holding a ballot election, communicating
with/appearing before the commission in connection with Rayniram Park's iicense application, and
participating in other proceedings relative to the project). The Parties agree that such funding will be
made through Raynham Park's initial license application fee to the Massachusetts Gaming
Commission, and such further payments to be expeditiously made by Raynham Park to the Town as
may be necessary to cover the Town's costs; and the Parties will cooperate in seeking approval and
payment of such costs through the Massachusetts Gaming Commission as allowed by law
4.
Building Permit and License Review Inspection Fees and Costs. Raynham Park agrees
to pay the Town's actual, reasonable costs incurred in connection with review and inspection of permit
and license applications, construction and utility plans. Raynliarn Park recognizes that the Town does
not employ sufflrcient staff to conduct such reviews and will have to retain outside consultants and/or
temporary specialized staff for this purpose, and that permanent staff will be required to expend tirne
and resources in retraining, supervising and administering such consultants and tetnporary staff.
Raynham Park agrees to pay the reasonable costs actually incuned by the Town in retaining such
outside consultants and ternporary special employees, in addition to Raynharn Park being subject to the
Town's regular permit and license fee schedules.
5.
Local Hiring and Purchasing Preference. Subject to any requirenents under or
inconsistencies with state or federal law, and subject to the terms and conditions set forlh herein and to
its application for a Category 2 gaming license being approved by the Massachusetts Gaming
Comrnission and affirmed upon final appeal, Raynhani Park shall work in good faith with the Town to:
(i) employ (or cause its contractors to employ) residents of the Town during the construction and
for
operationoithe proposed gaming establiihment, provided that such residents are qualified
Massachusetts
the
or
law
employment and safisfy any suitaUitity requirem.ntt inlpot.d by state
that the cost
Gaming Commission; and iil; purctraie goods ancl services from local vendors provided
satisfy any
and quiity of those goods ancl'services is cornpetitive with competitors and the vendors
suitafility requireme*nts imposed by state law or the Massachusetts Gaming Commissiou.
Prior to hiring/retaining contractors, subcontractors or servicers in connection with construction
of the project, Raynham Park shail adverlise and hold at least one event for Raynham residents at
u.rru., to be approved by the Town, at wliich Raynharn Park willpublicize its construction needs aud
of
explain to attendees the process by which they may seek to be hired in connection with construction
the project.
prior to beginning the process of hiring empioyees (other than internally transferred Raynham
park employees) for the project, Raynham paik shall advertise and hold at least one event for Raynham
Raynham Park will publicize its hiring needs
residents at velues to be^approved by
-bythe Town, at which
which they may seek to be hired in connection with the project'
and explail to attendees th; process
of Jatruary
Raynham Park shall provide to the Town an annual repofi beginning in the motlth
imnrediatiy foliowing commencernent of operations of the Category 2 gamingestablishment at the
premises and for each-successive year thereafter, Said annual report shall include full and part time
reporting
employment ievels by Raynham Park and project tenants at the beginning and. end of the
periodand the number of Raynham residents hired by Raynham Park and project tetiants'
for the
Raynham park shall make a good faith effort to utilize local contractors and suppliers
vendors
local
to
opporlunities
construction and future operationr oith. project and shall afford such
shall
when such contractors and suppliers a.e ptoperly qualified and price cotnpetitive. Such efforts
with
coordination
adverlisements,
include actively soliciting bidi-from Raynham vendors through local
the Taunton Area Chamber of Commerce and such other reasonable measures'
Track at the
Recognizing that malty of the former employees at the now closed Raynham Dog
premises who were laid offai a result of such
reside in the greater Raynham area, Raynham
"iotut.
park also agrees to give preference to those quaiified former employees of the Raynham Dog Track in
the hiring of employees for the Category 2 garnrng establishment.
project
Project to be Constructed Usinq Union Labor. Raynham Park agrees that the
a
roster
deveiop
will
uirion labor. Raynham Park's construction manager
will be constructed
"ri"g
project, can
where local residents, wlo are members of the various construction unions working on the
review
and
then
will
express their interest in working on the project. The constructiou manager
project contractors
consider the individuals on the ioster ptiorlo filling any openings and encourage the
by law
permitted
extent
to hire such individuals if they u.. quulified and competitive in cost, To the
in the
Raynham park will instruct subcontractorc to utiiize union labor from local chapters located
repofis
quarterly
to the
provide
greater Raynham area. During construction, Raynhaur Park agrees to
(1)
all
io*n 1"gurding its compliance with this provision. At a minimurn, such reporls shall include:
(2)
efforts r*ar to prblicize job or subcontracting opportunities to Raynham area citizens/businesses;
the
of
the total numbei of individuals hired and businesi retained in connection with construction
(3) the number of Raynham area residents hired and Raynham business retained in
project;
6.
and
d
connectiolt
witlt constt'uction of the project.
it will include
Raynham
to
certificates
as part of its re.wards/fi.equent guestsiloyalty or simiiar proglams voucher/gift
buiinesses outside of the project site. Raynham Park commits to purchase and issue at least $5,000.00
7.
Rewards/Frequent Guestslloyalty
Proerams.
Raynham Park agrees that
in such voucher/gift certificates annually.
Annual Mitigation Payment. Beginning thirty (30) days after Raynham Park's
commencem.ni oiop.ration of a Category 2 gaming establishrnent at the Premises, Raynham Park
shall pay an annual mitigation fee to the Town in the sum of $1,000,000.00 (the "Annual Mitigation
Paymelt"), Commencing in year four and continuing through year twenty, the Annual Mitigation
Payment rh*ll inrr.u seAy Z.SN pel' arulum. (As an example, in year four the Annual Mitigation
Payment shall be $1,025,000.00, and in year five the Annual Mitigation Payment shali be
Paytnent
$t,OSO,OZS.00.) Commencing in year 21 and in each year thereafter, theAnnual Mitigation
shall continue to increa seby i.S% per annum; however, in no event shall the Annual Mitigation
Payment commencing in year 21 andeach year thereafter exceed an amount equal to 1%o of gross
gaming revenue (dehned as total cash ganring receipts minus cash and cash equivalent payouts to
ptuyrril. The Annual Mitigation Payment shall continue for as long as Raynham Park (or any parent,
subsidiary or related entityj owns, controls or operates a Category 2 gaming establishment at the
prernises. Such payrnents shall be paid to the Town in equal monthiy amounts pro-r'ated for the frrst
calendar y.ur. of op.ration in recognition that the Town has a Juiy I - June 30 fiscal year. For the
purposes of this Agreement, Raynham Park shali be deerned to have commenced operations upon the
general
date ttrat the Category 2 gaming establishment at the Premises is open for business to the
public,
8.
g.
Fee. Raynham Park shall amually, so
park
establishment at the Premises,
gaming
2
owns, controls or operates a Calegory
long as Raynham
rui. u payment of One Hundred Thousand ($100,000.00) Dollars to the Towu for the purpose of
funding the Town's capital expenditures. The first annual payment shall be made either on Juue 1 or
ninety (90) days after Raynham Park's comrnencement of operation of a Category 2 gamtng
establishment at the Premises, whichever event occurs first, and each subsequent yearly payment shall
be made on June I of each subsequent year. The allocation of these payments shall be within the
Amual Capital Costs Community Enhancement
discretion olthe Town.
10,
Route 138. Raynham Business Facade Improvement Program. Raynham Park agrees
that it will make an annual payment to the Town in the arnount of Fifteen Thousand ($15,000.00)
Dollars commencing in year two of operations of the Category 2 gamingestablishment, such payment
to be nade on June i of each year foithe pulpose of irnproving the facades of businesses along Route
138 in Raynharn. These funds shall be awarded by the Town to Raynharn businesses located along
Route 13ti in Raynham forthe purpose of enhancing the facades of such businesses, including the
enhalcement of exterior signs of such businesses. The methods and procedures for determining the
allocation of such funds and to which businesses sirall be within the disuetion of the Town'
Motor Vehicle Excise 'faxes. Raynham Park shall principally garage and pay excise
taxes to the Town consistent with applicable law on all motor vehicles owned by it and used in
corurection with the Category 2 gamingestablishment at the Premises,
11.
12.
Infi'astructure Costs and Plan of N4itigation:
a. Definition. For the purpose of this Agreement, the term "infrastructure" shall
rnean: (i) roads and bridges ownecl by the Town; (ii) a system of public water, if any, that is owned by
the Town, the North Raynham Watel District or any other governmental entity or autirority, and serves
the location of the gaming establishment proposed by Raynham Park; and (iii) a system of public
wastewatel.collection and treatment, if any, that is owned by the Town, or governmental entity ot'
authority created by the Town, and serves the location of the garning establishment, and any associated
buildings and businesses as shown on "Exhibit 1", proposed by Raynltam Park.
b,
Comnritment to Mitig(tte hnpacts. Raynham Park agrees, subject to the terms
and conditions set forth herein and to its application for a Category 2 ganiing license being approved by
the Massachusetts Gaming Commission and affirrned upon final appeal, to contribute to the rnitigation
of infrastructure costs incurred by the Town in direct relation to the construction and operation of its
proposed gaming establishment.
c.
Identification and Mitigation of Infrastructure Costs. The Parties agree to
utilize the following process to identify and mitigate infrastlucture costs incurred by the Town and/or
other goyernmentaientities in direct relation to the construction and operation of the proposed gaming
establishment:
(i)
Mitigation Studies:
a.
T1affic: Raynham Park submitted to the Town theApril 2013 Raynham Slots
Casino Traflic Impact Study prepared by Nitsch Engineering which assesses the
potential impact on infrastructufe, as defined herein, as a result of the
development and operation of the proposed gaming establishment. The April
2013 Nitsch Engineering Traffic Impact Study is hereby incotporated into this
Agreement by reference thereto. Further, Raynham Park shall also carry out a
traffic impact study of the junction of Old North Main Street and Elm Street East
in Raynham and submit that study to the Town'
b.
Sewer and Water: Further, "lnfrastructure Capacity Assessment" studies
shali aiso be submitted to the Town by Raynharn Park to determine if existing
and expected future sewer capacity and water capacity will service the needs of
Raynham Park. Subject to the terms and procedut'es set forth in paragraph ii
through iv herein, if such Infrastructure Capacity Assessment studies show that
theLe is insufficient existing capacity or there will not be future capacity to serve
the needs of Raynham Park, then the appropriate governmental entity shall
identify what needs to be accomplished to service tlte needs of Raynham Park;
and Raynharn Park shall pay for all costs, including but not limited to the
renegotiation of any intermunicipal agreement and any resulting increase in user
fees to Raynham Park as a result of the renegotiation of any intermunicipal
agreement, and for all design, construction, repair and maintenance needed to
service the needs of Raynharn Park through all of its proposed phases' All of the
infrastructure impact studies identified in this paragraph shall be submitted to the
Town, and all wolk to be carried out thereunder shall be completed prior to Phase
3 building permits being issued to Raynham Park.
(i i1
Within 30 days of receipt of a particular study, the Town, either by the Town
Engineer or a qualified engineer retained by the Town, shall review the study and
either accept its findings or identify those areas of the study with which it
disagrees;
(i
ii)
the Town accepts the study, Raynham Park agrees to make or pay for the Town
to make, at the Town's discretion, the infrastructure improvements called
If
for in the study. The timing of the construction of the infrastructure
improvements, if made by Raynham Park, shall be in Raynham Park's discretion
sub.iect to consultation with the Town; however, all such construction shall be
completed prior to Phase 3 building permits being issued.
(iv)
If the Town partially accepts or disputes the study's findings, the Parties agree to
submit to bilding mediation before an independent, third party engineer, to be
selected by the mutual agreement of the Parties and compensated for reasonable
fees by Raynham Park. The Parties agree that said mediation shall be completed
within 60 days of the Town notifying Raynharn Park of the dispute. Raynham
Park agrees to pay and contribute 100% of the cost of the infrastructure
improvernents deemed by the mediator to be necessary in direct relation to the
construction and operation of the proposed gaming establishmeut.
d.
under this provision, Raynham Park
shali have submitted its traffiic impact study of the junction of Old Main Street and Ehn Street East in
Raynham (see (c)(i)(a) above) and its Infrastructure Capacity Assessments (see (cXiXb) above) and an
infrastructure cost must be identified as being directly related to the construction and operation of the
proposed gaming estabiishment, or its associated businesses and buildings, within 24 months from the
date of the op.ning of the gaming establishment and its associated businesses and buildings.
Term. in order to qualify for mitigation
Park recognizes that, while gaming is an
enjoyable ieisure and eniertaining activity for most, there is a small percentage of the population which
cannot game responsibly. Whiie gaming is a part of Raynham Park's business, responsible gaming is a
part of Raynham Palk's culture. Therefore, Raynham Park will implement a responsible garning plan,
ipcluding lts existing responsible gaming plan, if any, at the Pt'emises, the chief goal of which is to
make suie that those p.opl. who cannot game responsibly get the help they need and to tnake sure that
13.
Responsible Gaming in
Raynham. Raynham
people who can game responsibly understand the imporlance of gaming responsibly'
Raynharn Park will accomplish the responsible gaming goals in Raynham by: (1)
educating its employees and providing information to patrons about the odds of games and how to
make responsibie gaming decisions; (2) promoting responsible gaming in daily operations; and (3)
supporting public awareness of responsible gaming'
Raynham Park will join and actively participate in the Massachusetts Partnership on
responsible gambiing for the .*pr.ur purpose of assisting the Town, or its designee, to address issues
treatment for compulsive behavior, especially pioblem garning in Raynham.
of
14.
Selection of Contractors, Subject to the tefli'rs of this Agreement, Raynham Park shall
be solely responsible for selection of contractors for the construction of any infrastructure
improvements undertaken directly by it. Subject to the terms of this Agreement, the Town shall have
no role in the selection of any organization, individual or entity who may be called upon to perform
work resulting from this Agreement, nor will the Town have any responsibility for the manner in which
such work is performed,
This Agreement shall become effective on the date upon which it is fully
executed by the Parties, unless lawfuily terminated by either pafiy, so long as Raynham Palk (or any
parent, subsidiary or related entity) owns, controls or operates a valid Category 2 gaming iicense at the
15. Tem.
Premises.
16.
Town Professional Fees. Raynham Park agrees to pay the reasonable and customary
fees and expenses incurred by the Town for its engagement of attorneys, engineers or other third party
professionals in connection with its review and execution of this Agreement. Subject to the tenns of
ihis Agr"e*ent, this provision expressly does not apply to attorney and other professional fees related
to litigation or the resolution of disputes over this Agreement.
l7. Notices. Any notice required hereunder shall be made in writing and delivered by
hand delivery or by facsirnile or e-mail transmission, with a copy to follow by first class mail,
addressed as below. Notices shall be deemed given ou the date delivered:
If
to the Town:
Town of Raynham TownAdministrator
Town of Raynham Town Hall
558 South Main Street
Raynhanr, MA A2767
With a copy to:
Chainnan of the Town of Raynharn Board of Selectmen
Town of Raynham Town Hall
558 South Main Street
Raynham,
MA
02767
If to Raynham Park:
Raynham Park, LLC
1958 Broadway
Raynham,
MA
02767
With a copy to:
Grace Lee, Esq.
Eckert Seamans
Two International Place
16tl' Floor
Boston, MA 02110-2602
No Third parly Beneficiaries. No provisions of this Agreernent sirall be construed in
The Agreement
any maruter so as to .t*t" tt ) rlgfitt in uny third parties not party to this Agreement'
Town and Raynham
stratt ue interpreted solely to iefiie specific cluties and responsibilities between the
park, and shall not prouibe any basis for clains of any other individual, partuership, corporation,
or ganization, or mun i ci pal entity.
1g.
Assiqnment. Transfel or Collateral Use. Neither Party niay assign any interest in this
without the
Agreement, und rt'rutt *t tru*f.*ny interesi in this Agreement by novation or assignment,
piior written consent of the non-assigning Party, which consent shall not be unreasonably delayed or
lg.
denied.
Relationship of the Parties. None of the provisions of this Agreement is intended to
Parties other than that
create, nor shall be deem;a or construed to create, any relationship between the
of this
of independent parties contracting with each other for purposes of effecting the provisions
venture ot
Agreelrent, Th; Parties are not, and will not be construed to be, in a relationship ofjoint
of
commitments
or
pa?nership, Neither Party has the authority to make any statements, representations
publication or
any kind o1 behalf of the other Pafty, or to use the name of tlie other Party in any
advertisements, except with the written consent of tlie other Party.
2A.
Force Majeure. Raynham Park shall not be considered to be in default in the
such
performanc* of itr oUtlgutioro undei this Agreernent to the extent that performance of any
prevented
or delayed
is
Park
obligation is prevented or delayed by a Forle Majeure Event. If Raynham
notice
in the performance of any such obligation by a Force Majeure Event, it shall provide reasonable
duration
expected
the
and
to the To*n of the circumstances preventing or delaying perfonnance
not
thereof, if k1own. For the putpor-*r of this Agreement, a Force Majeure Event is any circumstance
within the reasonable confio1, directly or indiiectly, of the Party affected and iucludes, but is not limited
adverse
to, the following: strikes or other significant iabor disputes; significant supply shortages;
damage or any
weather conditions and other acts of nature; acts of God; fire, other substantial property
gaming
Park's
condition that prevents or significantly interferes with the operations of Raynham
loss of Raynham
establishment; significant subsurface conditions;riot or civilunrest;the suspension or
the
by
park's Category i gaminglicense; the forced closure of all gaming establishments
or failures to
Commonwealth of Massachusetts or the Massachusetts Garning Cornmission; and actions
act of any goverrunental authority or agency.
21,
Integration Clause. This Agreement and any attachments liereto constitute the entire
the Town or
agreement between the parties. No agents, representative, ernployee or officer of
oral or
represeutation,
or
{aynham Park has authlrity to rnake, or has made, any statement, agreement
add to or
17yritt.rr, in connection withihis Agreement which in any way can be deemed to rnodify,
the
between
negotiations
detract from, or otherwise change*or alter its terms and conditions. No
pafties, nor any custom o, urugi, shall be permitted to modify or contradict any of the terms and
its
conditions of t-his Agreement. lio modifications, alterations, or changes to this Agreement or any of
in
Parties
terms shall be valid-or binding unless accomplished by a written amendment signed by all
22.
accordance with the terms herein.
23.
parlies hereto.
Amendment'
This Agreement shali not be amended except upon written consent of all
24.
Governing Law" Construction and Forunt Selection. This Agt'eenient shali be
interpretecl under the law of the Cornmonwealth of Massachusetts. The titles of the sections atld
subsections herein have been inserled as a matter of convenienee and reference only, and shall not
control or affect the meaning or construction of any of the terms or provisiotts herein. The Parties
agree that any cause of action raised in relation to this Agreement may be heard in any Commonwealth
or federal cour"t in Massachusetts having jurisdiction and venue over tlte action'
25.
Counterpafis, This Agreement shall be executed in any uumber of counterpafts which,
taken together, shall constitute one and the same Agreement. To evidence the fact that it has executed
this Agriement, a Party may send a copy of its executed counterpart to the other Party by facsimile or
electronic transmission. In such event, such party shall forthwith deliver to the other Party an original
counterpart of this Agreement executed by such Party.
26.
any section ol' any part of any section of this Agreement be
rendered void, invaiid or unenforceable by any courl of iaw, for any reason, such a determination shall
1ot render void, invalid or unenforceable any other section or pafi of any section of this Agreement.
Severability. Should
Raynham Park Capital Investment. Raynham Park agrees that it will invest a
minimum of One Hundred Tweniy-Five Million ($125,000,000.00) Dollars in the development of the
facilities at the Premises at which it will operate a Category 2 gaming establishrnent.
27.
28.
Firefighting and Ambulance Services. Raynham Park shall utilize the services
qualified members of th. Raynharn Fire Departrnent for firefighting and ambulance services as needed
in Rayr*ram Park's sole discretion so long as the Raynham Fire Chief determines that the Raynham
Fire Iiepartment has sufficient manpower and equipment to do so; and Raynham Park shall pay the
Town for those services when they are required for special events. The Town requires that all
emergency service personnel be EMT's, and all personnel and equipment must meet the minimum
requiiernelts of the EMS System Regulations (105 CMR 170) and ailother applicable licensing
requirements, and be paid for by Raynham Park.
Police Services, The Town and Raynharn Park expect that Raynham Park will be
entering into negotiations with the Massachusetts Gaming Commission and with the Massachusetts
State Police to determine the police services to be rendered at the Premises. In the event that during the
term of this Agreement, Raynham Park uses or must use the services of the Raynham Police at the
Premises, the town arrd Raynham Park agree to negotiate in good faith the methods and procedures
regarding the use of members of the Raynharn police force and the methods and procedures by which
Raynham Park will pay for the use of members of the Raynharn police force.
29.
30.
Payments to Raynham Non-Profit Entities. Raynham Park agrees that during each
year of the term of this Agreement after Raynharn Park's commencement of operation of a Category 2
gaming establishment at the Premises, Raynham Park will donate money to non-profit entities that
J.ru. Ruynham citizens. It shall be within the discretion of Raynham Park as to the amount of money
donated and to which entities the donations will be made. Within thirty (30) days subsequent to the end
of each such year Raynham Park shall send to the Town of Raynham Board of Selectmen an iternized
list of such donations which shall include for each donation the name and address of the recipient, the
amount of the donation and the date of the donation.
Raynham Park's Obligations to Adhere to Law. Nothing in this Agreement shall affect
the obligation, ofRuynharn Park to design, construct and operate all facilities, buildings and structufes
at the piemises in accorclance with all federal, Massachusetts and Raynham laws, reguiations and bylaws.
31.
Conditional on Town Vote and Grant of Qategory 2 Gaminq License. Except for
Raynham Parkt obligations under this Agreement with respect to payments made to or on behalf of the
Town for legal and consulting services prior to a Town vote pursuant to the Massachusetts Gaming
Statute and also with respect to Raynham Park's obligation to diligently pursue issuance of a Category
2 ganinglicense, Raynham Park's obligations under this Agreenient are subject to the affit'mative vote
of tne Town's residenis in a bailot vote pursuant to Section 15(i3) of the Massachusetts Gaming Act,
and Raynham park's receipt of a Category 2 gaming license to develop the gaming establishment at the
32.
Premises.
lRentainder of page inlentionally left blankl
IN WITNESS WHEREOF, and intending to be bound hereby, the Parties hereto have caused
10
this Agreement to be duly executed on their behalf by their authorized officers and applicably attested,
all as of the day and year first above written.
ATTEST:
INHABITANTS OF THE
TOWN OF RAYNHAM
ATTEST:
RAYNHAM PARK, LLC, by its manager
RAYNHAM MANAGER, INC:
D. Ricci,
ll
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1
Exhibit
1.:
Phases
X,2,3 & 4, by Nitsch f;ngineering
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