OF THIS
PARAGRAPH.
7.8.7
THE CONSTRUCTION COMPLETION ACCOUNT SHALL REMAIN ON DEPOSIT, OR
IN LIEU THEREOF, THE BOND SHALL REMAIN IN EFFECT, UNTIL THE EMERGENCY ACCESS
ROAD HAS BEEN COMPLETED AND APPROVED IN WRITING BY THE COUNTY, WHICH APPROVAL
SHALL NOT BE UNREASONABLY WITHHELD, IMMEDIATELY FOLLOWING WHICH ALL REMAINING
FUNDS ON DEPOSIT IN THE ACCOUNT AFTER PAYING FINAL AMOUNTS DUE TO CONTRACTORS
SHALL BE RETURNED TO THE TRIBE, AND IF THERE IS A BOND IN PLACE, ALL NECESSARY
STEPS SHALL BE TAKEN TO TERMINATE THE BOND.
7.9
IN THE EVENT THAT THE EMERGENCY ACCESS ROAD IMPROVEMENTS ARE NOT
SUBSTANTIALLY COMPLETED WITHIN THE APPROVED TIME FRAMES AND IN CONFORMANCE WITH
THE PLANS AND SPECIFICATIONS SUBMITTED TO AND ACCEPTED BY THE COUNTY, OR THERE
IS OTHERWISE A DEFAULT IN THESE CONSTRUCTION OBLIGATIONS UNDER THIS AGREEMENT,
AND THE COUNTY MAKES A DEMAND ON THE CONSTRUCTION ASSURANCE DEVICE AFTER
CONCLUSION OF THE DISPUTE RESOLUTION PROCESS (IF INSTITUTED), IN ADDITION TO ANY
OTHER REMEDY AVAILABLE BY LAW OR EQUITY, THE TRIBE EXPRESSLY AUTHORIZES THE
COUNTY AND/OR ITS OR ITS OR THE SURETY'S CONTRACTORS TO ENTER THE DUGAN PROPERTY
OR ANY OTHER SITE DESIGNATED FOR CONSTRUCTION OF THE APPROVED EMERGENCY ACCESS
ROAD FOR THE PURPOSE OF CONSTRUCTING SAID ROAD AND COMPLETING SUCH WORK.
IN THE
EVENT OF SUCH A DEFAULT BY THE TRIBE AND THE COUNTY'S OR SURETY'S SUBSEQUENT
CONDUCT OF SUCH CONSTRUCTION, THE TRIBE SHALL FULLY REIMBURSE THE COUNTY FOR ALL
COSTS INCURRED IN CONNECTION WITH ANY REMEDY OF THE DEFAULT INCLUDING BUT NOT
LIMITED TO MATERIALS, LABOR COSTS, ENGINEER COSTS, EXPENSES, ATTORNEY FEES,
EXPERT FEES, AND OTHER REASONABLE COSTS AND EXPENSES NOT COVERED BY THE
CONSTRUCTION ASSURANCE DEVICE'S PROCEEDS.
IF PROVIDED FOR UNDER THE TERMS OF
THE CONSTRUCTION ASSURANCE DEVICE, ANY EXCESS PROCEEDS FROM THE CONSTRUCTION
ASSURANCE DEVICE MAY BE USED TO REIMBURSE THE TRIBE FOR ANY EMERGENCY ACCESS
ROAD CONSTRUCTION EXPENSES IT INCURRED.
VIII.
LAW ENFORCEMENT SERVICES
8.1
SONOMA COUNTY SHERIFF'S DEPARTMENT SERVICE.
8.1.1
THE SHERIFF'S DEPARTMENT ("SHERIFF") SHALL CONTINUE TO PROVIDE
GENERAL LAW ENFORCEMENT SERVICES TO THE RESERVATION, PARTICULARLY WITH RESPECT
TO GAMING OPERATIONS AND GAMING FACILITIES, AND RECOGNIZES THE NEED FOR POSSIBLE
INCREASED SERVICES IN THE FUTURE.
THESE SHERIFF DEPARTMENT SERVICES INCLUDE,
BUT ARE NOT LIMITED TO, DEPUTY AVAILABILITY FOR CRIME PREVENTION AND THE PROMPT
INVESTIGATION, DETENTION, INTERROGATION, REMOVAL AND POSSIBLE PROSECUTION OF
INDIVIDUALS SUSPECTED OF COMMITTING CRIMES, INCLUDING BUT NOT LIMITED TO
OFFENSES RELATED TO GAMING OPERATIONS ON THE RESERVATION, AS WELL AS OTHER
SERVICES TO PROTECT THE SAFETY OF THE PUBLIC AS PROVIDED FOR PURSUANT TO PUBLIC
LAW 280.
21
8.1.2
THE SHERIFF'S DEPARTMENT SHALL NOT PROVIDE GAMING SECURITY, OR
ENFORCEMENT OF TRIBAL LAWS, PROVIDED THAT NOTHING HEREIN IS INTENDED TO
DIMINISH, AND IN FACT IS INTENDED TO REINFORCE, THE PROSECUTION OF ANYONE
ENGAGED IN CRIMINAL CONDUCT, SUCH AS THEFT, EMBEZZLEMENT AND FRAUD, OR ANY
CRIMINAL ACTIVITY GENERALLY THAT MAY OCCUR IN, NEAR OR RELATED TO A TRIBAL
GAMING FACILITY OR ON THE RESERVATION.
8.1.3
NOTHING IN THIS AGREEMENT, OR OTHER CONTRACT WITH THE SHERIFF,
IS INTENDED OR