THE RAINY SEASON AS DETERMINED BY NOAA FISHERIES, THE DATE TO START
CONSTRUCTION SHALL BE EXTENDED TO 30 DAYS FOLLOWING THE END OF THE RAINY SEASON
AS DETERMINED BY THAT AGENCY, AND THE ROAD COMPLETION DATE SHALL BE EXTENDED BY
A LIKE AMOUNT.
THE TIME FRAME TO COMPLETE CONSTRUCTION ALSO SHALL BE EXTENDED
FOR A REASONABLE PERIOD, UPON NOTICE TO THE COUNTY, DUE TO ANY OTHER DELAYS NOT
WITHIN THE CONTROL OF THE TRIBE, BUT THE COUNTY MAY INVOKE THE DISPUTE
RESOLUTION PROCESS IF IT DISAGREES WITH THE NEED FOR SUCH EXTENSION.
7.5
THE TRIBE SHALL BE RESPONSIBLE FOR COMPLYING WITH THE ACCEPTED
EMERGENCY ACCESS ROAD PLANS.
IF THE TRIBE REQUESTS TECHNICAL ASSISTANCE OR
OTHERWISE CONSULTS WITH COUNTY REGARDING THE CONSTRUCTION OF THE EMERGENCY
ACCESS ROAD, IT SHALL PAY STANDARD FEES TYPICALLY IMPOSED BY THE COUNTY FOR
INSPECTION-RELATED SERVICES.
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7.6
THE COUNTY SHALL PERFORM A FINAL INSPECTION OF THE EMERGENCY
ACCESS ROAD IMPROVEMENTS TO VERIFY THAT THE CONSTRUCTION IS MATERIALLY
CONSISTENT WITH THE AGREED UPON EMERGENCY ACCESS ROAD PLANS, AND THE TRIBE
HEREBY GRANTS THE COUNTY PERMISSION TO ENTER THE RANCHERIA AND ANY TRIBAL TRUST
LANDS OR OTHER LANDS UPON WHICH THE EMERGENCY ACCESS ROAD IS TO BE CONSTRUCTED,
TO PERFORM ANY NECESSARY INSPECTIONS AUTHORIZED UNDER THIS SECTION.
7.7
THIS AGREEMENT AND THE PRECEDING SUBSECTIONS ASSUME THAT THE
EMERGENCY ACCESS ROAD WILL BE CONSTRUCTED ON THE DUGAN PROPERTY, BUT THAT THE
COUNTY SHALL NOT UNREASONABLY WITHHOLD ITS APPROVAL OF A REQUEST BY THE TRIBE TO
CONSTRUCT THE EMERGENCY ACCESS ROAD AT THE ALTERNATIVE ROAD SITE, PROVIDED THAT
A SET OF COMPLETED PLANS ARE SUBMITTED TO AND ACCEPTED BY THE COUNTY, WHICH
ACCEPTANCE SHALL NOT BE UNREASONABLY WITHHELD, AND THAT THE EMERGENCY ACCESS
ROAD CAN BE CONSTRUCTED ON THE ALTERNATIVE ROAD SITE BY THE ROAD COMPLETION
DATE, OR SUCH OTHER DATE TO WHICH THE PARTIES MAY AGREE.
IF THE LAND IS NOT IN
TRUST, THE TRIBE SHALL APPLY FOR APPROPRIATE PERMITS WHICH THE COUNTY AGREES TO
PROCESS ON A REASONABLE BASIS. THE COUNTY SHALL COOPERATE WITH THE TRIBE IN THE
PROCESSING OF SUCH PERMITS.
7.8
THE TRIBE AGREES TO CONSTRUCT THE EMERGENCY ACCESS ROAD AT ITS
SOLE EXPENSE.
NO LATER THAN SIXTY (60) DAYS FOLLOWING FINANCING OR 15 DAYS
PRIOR TO COMMENCING CONSTRUCTION, WHICHEVER COMES FIRST, THE TRIBE SHALL CREATE
A "CONSTRUCTION ASSURANCE DEVICE," EITHER IN THE FORM OF A COMPLETION BOND OR A
CASH DEPOSIT INTO AN ESCROW ACCOUNT AS PROVIDED BELOW, TO GUARANTEE CONSTRUCTION
OF THE EMERGENCY ACCESS ROAD IN ACCORDANCE WITH THE ACCEPTED EMERGENCY ACCESS
PLANS.
THE TRIBE SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE
CONSTRUCTION ASSURANCE DEVICE.
THE PURPOSE OF THE CONSTRUCTION ASSURANCE DEVICE
SHALL BE TO ASSURE THE AVAILABILITY OF FUNDS TO THE COUNTY TO BUILD OR COMPLETE
THE ROAD OR TO REMEDIATE ANY MATERIAL DEVIATION FROM THE AGREED UPON EMERGENCY
ACCESS ROAD PLANS.
IF THE COUNTY DETERMINES THAT THE TRIBE HAS DEFAULTED OR IS
ABOUT TO DEFAULT ON ITS EMERGENCY ACCESS ROAD CONSTRUCTION OBLIGATIONS UNDER
THIS AGREEMENT, IT SHALL NOTIFY THE