UTE MTN JUSTICE 

National Indian Gaming Commission 

PAGE 02 

SETTLEMENT AGREEMENT 

JJWRODUCTION 

This Settlemeat Agreement ("Agreemd') is entered into by and bebveen 

Selwin White Skunk, Chairman of the Ute Mountain Ute Tribe, a federally-recognized 

Indian tribe and Philip N. Hogen, tha Chairman of the National Indian Gaming 

Commission ("Chabmzm") relating to the mattere contained in Notice of Violation No. . . 

NOV-05-1 0. 

ma'1:ALs 

Whereas, the Tribe has condu~tcd gaming on Indian lwde at a fwility named Ute 

Mwntain Casino located in Tow~o, Colorado since approximately 1993; 

Whereas, the ~hairmzn.& the Tribe denire to resolve issues related to Notice of 

Violation No. NOV-05-10, 

Th.erefore, the Chairman and the Tribe have agreed to execute this Agremmt and 

pdonn in accordance with the following covmants and collditiom: 

TERMS OW SETTLZ%KENT 

1. ?his Agreement is entered into pursuant to 25 C.P.R. 575.6 @) and shall be 

eMya upon the aignaturt of all partics. 

Received 06-20-05 1 1 :43 From-8705650750 Pare 002 
UTE MTN JUSTICE PAGE 03 

2. The Ribe agrees that it wwas required to submit a timely audit report ;for the Ute 

Mountatn Casino for the flscal year ended Sepmber 30,2004. 

3. The Tribe agrees that it submitted the audit report for Ute Mountain Caslno for 

the fiscal yeax adad September 30,2004, to thc NIK in an untimely fashion. 

4. The Tnie =knowledgee that the Mure to slubmit ao annual independemt audit 

report for its ~aming operation in a timely fashion is a violation of the Maxi 

Gb Regulatory Act ("][GRA"), 25 U.S.C. 8 2701 et seq., NIGC regulations, 

and the Tnbe's gaming ordinance. 

5. 'I'he"Ikibs agreeg to pay a fine in the amount of Three Thoupand dollars ($3,000). 

One Thousand Five Hundred dollam ($1,500) of the fine will be paid on or befwre 

August 30,2005. The rem- One Thousand Five Hundred dollars ($1,500) 

will be mspcndcd pmding the timely submission of the indcpendcpt audit report 

fbr the Ute Mountain Casino for the fiscal year ended September 30,2005. The 

audit report submission for Ute Mountain Casino for the fiscal year ended 

~e~tembe;. 30,2005 will be considered timely if received by the NIGC on or 

before January 30,2006. Upon timely submission of the audit report for the Ute 

Mountain Casino for fiscal year 2004, the Chairman will forgive the suspended 

One Thousand dollar (31,500) b. If the Tribe fails to submit the Ute Mountah 

Casino fiscal year 2004 audit report so that it is received by the NXGC by Janw 

30,2006, rhe re3naining One Thousand Five XXunW dollar ($1,500) of the *e 

will be paid on or b.fom Pebnury 28,2006. 

6. The Chairman agrees upon exdon of thie Agreement to waive the right to 

impose any Mu civil fine far Notice of Violation No. NOV-05-10 against the 

Received 06-20-05 11 :43 From-g705650750 Pare 003 
UTE MTN JUST ICE PAGE 84 

lkiie, unless the Tribe fails to comply with this Agreement. If the Tribe fails to 

comply with tbis Agreemenr, the Chairman mmes the right to initiate an 

enforcematxt don again& the Ute Mountain Caeiao aa outlined under 25 C2.R 

5 573.6. 

7. The Wbe agrees upon execution of this Agreement to waive its right, if any. to 

further rdew of Notice of Violation No. NOV-05-10, including all rights to 

appeal to the fbll Cammission as outlined in 25 C3.R 4 577 et seq. and judicial 

review pursuant to 25 U.S.C. 4 2714. 

8, Subsequent to the partias' acoeptance of this Agreement, the civil fine assessment 

set lfbnh herein will become a Final Assessment Onla of the Commission. 

AIDDITTONAIL COVENANTS 

1. Thie Agreement constitutes the entire agreement between the Chaimnm and tba 

%be and supersedes all phr verbal or writtea agreements and understandings 

between the parties related to the subject matter hereof. No warranties. 

repyeseatatiom, covenants, or agreements shall be binding upon any party except 

as set forth herein. Any modification or waiver of any term of this Agreement, 

including the modification or waivei of tmm, must be in writing and signed by 

bothpardes. . 

2. The Tribe stipulatts tW the Noticc of Violation ahall be hcd a or& of. 

the Codeion and a ha.l agenoy mtion parsuant to 25 C.P& 1 577.9(d). 

3. The Chabm and the Tribe expmssly ape and acknowledge that time is of the 

essence in this Agteement. The recitals herein and above set shall be binding 

Recr ivad 06-20-05 11 :43 
06/28/2065 10: 04 9705650750 UTE MTN JUSTICE PAGE 05 

. .I 

. 

upon the parties, their agents, hcirs, personal representatives, successors and 

assigns. 

4. A sipatme produced by facsimile shall be dqemed @.be an ori 

shall be effective and binding for 

Ute Marain Ute Tribe 

By: 

c3Bhmn 

64 -/I-05- GI= /a% 

Date Date 

Rscs i ved 06-20-05 11 :43 Fro~P705650750