WARRANT - THIS CASE INVOLVES THE COUNTY
FIRE CHIEF'S APPLICATION FOR A STATE CIVIL ADMINISTRATIVE INSPECTION WARRANT FOR
THE RANCHERIA.
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
CALIFORNIA DETERMINED THAT THE COUNTY DOES NOT HAVE FIRE CODE ENFORCEMENT
JURISDICTION ON THE RESERVATION AND THE NINTH CIRCUIT COURT OF APPEALS, IN A
FINAL JUDGMENT, AFFIRMED THE DISTRICT COURT'S DETERMINATION.
A PETITION FOR
CERTIORARI TO THE UNITED STATES SUPREME COURT OF THE NINTH CIRCUIT JUDGMENT HAS
NOT YET BEEN FILED BY THE COUNTY.
2.1.4
WASTEWATER DISCHARGE:
IN RE: DRY CREEK RANCHERIA NPDES PERMIT - ON
APRIL 30, 2007, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("USEPA")
ISSUED A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT TO
ALLOW THE TRIBE TO DISCHARGE TREATED WASTEWATER INTO A TRIBUTARY OF THE RUSSIAN
RIVER.
THE COUNTY AND AVA FILED PETITIONS FOR ADMINISTRATIVE REVIEW OF THE
PERMIT ALLEGING CONCERNS OVER POTENTIAL ENVIRONMENTAL IMPACTS.
THE TRIBE
CONTENDS THAT THE PERMIT WAS APPROPRIATELY GRANTED AND IS ENVIRONMENTALLY SOUND.
THE PETITIONS ARE PENDING BEFORE THE USEPA ENVIRONMENTAL APPEALS BOARD AND THE
PERMIT HAS BEEN STAYED.
2.1.5
GAMING FACILITIES' POTENTIAL OFF-RESERVATION IMPACTS:
COUNTY'S
DISPUTE REGARDING MITIGATION OF GAMING FACILITIES' ENVIRONMENTAL IMPACTS - THE
COUNTY AND TRIBE DISPUTE WHETHER SIGNIFICANT OFF-RESERVATION IMPACTS OF ITS
EXISTING AND PLANNED RANCHERIA GAMING PROJECTS HAVE BEEN ADEQUATELY MITIGATED.
2.1.6
TRIBE'S PETALUMA TRUST APPLICATION:
COUNTY OPPOSITION TO PETALUMA
GAMING TRUST APPLICATION - THE COUNTY OPPOSES THE TRIBE'S APPLICATION TO TAKE
277 ACRES OF LAND INTO TRUST FOR GAMING PURPOSES NEAR PETALUMA.
THE TRIBE
CONTENDS THAT ITS PENDING APPLICATION SATISFIES ALL APPLICABLE STANDARDS FOR
TRANSFER OF THE LAND INTO TRUST FOR GAMING PURPOSES.
III.
DEFINITIONS
The following terms shall be defined in this Agreement as set forth in this
subdivision.
3.1
"ALTERNATIVE ROAD SITE" MEANS A SITE FOR AN EMERGENCY ACCESS ROAD
OTHER THAN ONLY THROUGH THE DUGAN PROPERTY PROVIDED SUCH A ROAD IS COMPLETED IN
THE SAME TIMEFRAME, SERVE THE SAME FUNCTION, AND BE AS EFFECTIVE FOR SUCH
PURPOSES AS THE EMERGENCY ACCESS ROAD THROUGH THE DUGAN PROPERTY EXCEPT AS MAY
BE AGREED TO BY THE PARTIES.
3.2
"BASE YEAR" MEANS THE PRIOR YEAR AS CALCULATED IN SECTION 16.5.
3.3
"BINDING ARBITRATION PROVISIONS" MEANS THE ARBITRATION PROCESS SET
FORTH IN SECTION 20.2.
3
3.4
"BOND" MEANS THE PERFORMANCE AND PAYMENT BOND DESCRIBED IN
SECTION 7.8 BELOW, PROVIDED THAT IN LIEU OF PROVIDING SUCH BOND THE PARTIES MAY
AGREE ON THE ESTABLISHMENT AND FUNDING OF A CONSTRUCTION COMPLETION ACCOUNT AS
DEFINED HEREIN AND DESCRIBED IN SECTION 7.8.
THE BOND AND CONSTRUCTION
COMPLETION ACCOUNT ARE REFERRED TO INTERCHANGEABLY AS THE "CONSTRUCTION
ASSURANCE DEVICE."
3.5
"CONSERVATION EASEMENT" MEANS AN EASEMENT OVER A PORTION OF THE
PETALUMA PROPERTY AS FURTHER DESCRIBED IN SECTION 12.3.
3.6
"CONSTRUCTION ASSURANCE DEVICE" MEANS A PERFORMANCE AND/OR PAYMENT
BOND OR CONSTRUCTION COMPLETION ACCOUNT, EITHER OF WHICH CONTAINS SUFFICIENT
RESOURCES TO BUILD OR COMPLETE THE EMERGENCY ACCESS ROAD AND INTERSECTION
IMPROVEMENTS AND CAN BE ACCESSED BY THE COUNTY FOR SUCH PURPOSES.
3.7
"COMPACT" MEANS THE TRIBAL-STATE COMPACT ENTERED INTO PURSUANT TO
IGRA BETWEEN THE