TRIBE AND THE STATE OF CALIFORNIA, EFFECTIVE MAY, 2000, ANY
AMENDMENTS OR REVISIONS THERETO, OR ANY NEW COMPACT RELATED TO GAMING ON THE
RANCHERIA ENTERED INTO DURING THE TERM.
3.8
"CONSTRUCTION COMPLETION ACCOUNT" MEANS AN ACCOUNT AT A BANK TO BE
MUTUALLY AGREED UPON BY THE PARTIES, WHICH AGREEMENT SHALL NOT BE UNREASONABLY
WITHHELD, TO SERVE IN LIEU OF A BOND IN ACCORDANCE WITH SECTION 7.8.5 BELOW.
THE CONSTRUCTION COMPLETION ACCOUNT WOULD BE AN ACCOUNT INTO WHICH THE TRIBE
WOULD DEPOSIT, OR CAUSE TO BE DEPOSITED, SUFFICIENT CASH TO COVER THE COSTS OF
COMPLETING THE TRIBE'S REQUIRED CONSTRUCTION OF THE EMERGENCY ACCESS ROAD AND OF
THE INTERSECTION IMPROVEMENT, AS WELL AS AN ADDITIONAL 7% THEREOF TO COVER
CONTINGENCIES SUCH AS POTENTIAL COST OVERRUNS.
WITHDRAWALS AND EXPENDITURES
FROM THE CONSTRUCTION COMPLETION ACCOUNT WILL BE IN ACCORDANCE WITH SECTION 7.8
AND 7.9 BELOW.
3.9
"CUMULATIVELY SIGNIFICANT IMPACTS" MEANS THE POSSIBLE IMPACTS ON
THE OFF-RESERVATION ENVIRONMENT OF A TRIBAL COMMERCIAL DEVELOPMENT PROJECT THAT
MAY BE INDIVIDUALLY LIMITED BUT CUMULATIVELY SIGNIFICANT IF THE INCREMENTAL
IMPACTS OF AN INDIVIDUAL PROJECT ARE CONSIDERABLE WHEN VIEWED IN CONNECTION WITH
THE IMPACTS OF PAST PROJECTS, OTHER CURRENT PROJECTS, AND REASONABLY FORESEEABLE
FUTURE PROJECTS.
3.10
"CULTURAL CENTER" MEANS THE TRIBE'S PROPOSED CULTURAL CENTER
LOCATED ON THE RANCHERIA.
3.11
"DUGAN PROJECTS" MEANS THE PROJECTS SHOWN ON EXHIBIT B AND AS MAY
BE OTHERWISE DESCRIBED IN THE FINAL ENVIRONMENTAL ASSESSMENT DATED AUGUST 2005
AND PREPARED FOR THE DUGAN FEE-TO-TRUST APPLICATION.
3.12
"DUGAN PROPERTY" MEANS THE REAL PROPERTY PARCEL CONTIGUOUS TO THE
RANCHERIA THAT IS COMMONLY REFERRED TO AS SUCH AND IS THE SUBJECT OF A PENDING
FEE-TO-TRUST APPLICATION TO THE DEPARTMENT OF THE INTERIOR.
3.13
"EFFECTIVE DATE" MEANS THE LATTER DATE UPON WHICH THIS AGREEMENT IS
FORMALLY APPROVED BY THE COUNTY BOARD OF SUPERVISORS AND THE TRIBE'S BOARD OF
DIRECTORS, WHICH IS ANTICIPATED TO BE ON MARCH 18, 2008.
4
3.14
"EMERGENCY ACCESS ROAD" MEANS THE ROAD DESCRIBED IN SECTION 7.3
THAT PROVIDES EMERGENCY ACCESS CONNECTING THE RANCHERIA TO HIGHWAY 128, EITHER
THROUGH THE DUGAN PROPERTY OR BY WAY OF THE ALTERNATIVE ROAD SITE.
3.15
"EMERGENCY ACCESS ROAD PLANS" MEANS THE PLANS REVIEWED AND ACCEPTED
BY THE COUNTY AS DESCRIBED IN SECTION 7.3 BELOW, OR THE ALTERNATIVE ROAD PLANS
REVIEWED AND ACCEPTED BY THE COUNTY AS DESCRIBED IN SECTION 7.7.
3.16
"ENVIRONMENTAL ASSESSMENT" MEANS THE AUGUST 2005 FINAL DRY CREEK
RANCHERIA FEE-TO-TRUST PROJECT ENVIRONMENTAL ASSESSMENT DOCUMENT DRAFTED FOR THE
DUGAN PROPERTY FEE-TO-TRUST APPLICATION PREPARED FOR THE TRIBE BY ENVIRONMENTAL
SCIENCE ASSOCIATES (ESA).
3.17
"ENVIRONMENTAL ORDINANCE" MEANS THE DRY CREEK ORDINANCE THAT WAS
ADOPTED ON OCTOBER 14, 2000 BY RESOLUTION NO. 00-10-14-005, WHICH AMENDED AN
EARLIER VERSION ADOPTED ON APRIL 29, 2000.
BOTH ORDINANCES WERE ENACTED
PURSUANT TO SECTION 10.8 OF THE COMPACT.
3.18
"ENVIRONMENTAL STUDY" MEANS THE FINAL DRY CREEK RANCHERIA ECONOMIC
DEVELOPMENT MASTER PLAN ENVIRONMENTAL STUDY FOR THE RESORT DEVELOPMENT DATED
JANUARY 2008, WHICH WAS PREPARED FOR THE TRIBE BY ESA WITH RESPECT TO THE RESORT
PROJECT.
3.19
"EXISTING CASINO" MEANS THE CASINO KNOWN AS THE "RIVER ROCK CASINO"