1. From: Keith Kocher
To: Patrick Martin; la¥J::.Qll
ec: ~~::!!!.,]oe~Se",I~len",5; JOHN ElLIOTT; Jeffrey Wiethi!rn;
Jonathan Swain; Ctint Patty
Subject: Question from °timelines" exhibit
Date: Monday, December 06, 2010 10:32:57 AM
Attachments: 20101202133836131.pdf
Patrick and Jay -
For ease of reference, attached is a scanned copy of the "timelines" exhibit provided by
Peninsula Gaming on which the Review Board asked the LottelY to comment. Per the
Lottery's understanding of both applicants' proposals and contracts the time1ines appear to be
fairly 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
Gaming's 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"
- Global's 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 Global's scheduled investments
do not have the corresponding dollar amounts attributed to them (which dollar
amounts are set forth in Exhibit C appended to Global's Contract);
1. Although probably understood, the tenn "Tribal Gaming Facility" is a fact-
specific and defined term of art in Global's 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. 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 Kochel'
Director of Gaming Facilities
J{AN$j~S
LO'tvi'ERY
128 N. Kansas Avenue
Topeka, KS 66603
785-296-5706 (office)
785-296-5722 (fax)
keith .Iwc hcr@ksottcl'y.llet