THE APPLICANT FOR
SUCH PROJECT AND HIRE A CONSULTANT TO PREPARE ANY NECESSARY ENVIRONMENTAL REVIEW
STUDIES OR REPORTS AND A QUALIFIED INDEPENDENT APPRAISER AT ITS OWN COST.
THE
TRIBE AND COUNTY SHALL AGREE ON THE CONSULTANTS.
COUNTY COSTS FOR
30
ENVIRONMENTAL REVIEW AND PROCESSING SHALL BE PAID BY THE TRIBE PURSUANT TO A
PRMD "AT COST PROJECT" RECOVERY SCHEDULE AND PROCEDURE.
THE COUNTY SHALL HIRE
AN APPROPRIATE CONSULTANT, AT THE TRIBE'S EXPENSE, IF THE TRIBE DOES NOT TIMELY
INITIATE THE REQUIRED ENVIRONMENTAL REVIEW.
PAYMENT BY THE TRIBE FOR ANY
CONSULTANT AND/OR QUALIFIED APPRAISER HIRED SHALL BE THROUGH THE COUNTY, UNLESS
THE PARTIES AGREE ON AN ALTERNATIVE ARRANGEMENT.
NOTWITHSTANDING ANYTHING
HEREIN TO THE CONTRARY, ANY DECISION OF WHETHER OR NOT TO RESCIND THE WILLIAMSON
ACT CONTRACT WILL BE INDEPENDENTLY DETERMINED BY THE BOARD OF SUPERVISORS BASED
UPON THE AVAILABLE EVIDENCE AND IN ACCORDANCE WITH APPLICABLE LAW.
12.5
THE COUNTY FURTHER AGREES THAT THE CONSERVATION EASEMENT WILL BE
HELD IN AN ESCROW ACCOUNT AND SHALL NOT BECOME EFFECTIVE UNLESS THE COUNTY
APPROVES THE TRIBE'S REQUEST TO RESCIND THE DUGAN PROPERTY WILLIAMSON ACT
CONTRACT AND THE DUGAN PROPERTY GOES INTO TRUST.
NOTWITHSTANDING THE ABOVE, IF
THE DUGAN PROPERTY IS PLACED INTO TRUST WITHOUT RESCISSION OF THE WILLIAMSON ACT
CONTRACT, THE CONSERVATION EASEMENT SHALL BE RECORDED AND BECOME EFFECTIVE.
HOWEVER, IF THE TRIBE IS UNABLE TO COMPLETE THE DUGAN PROJECT DUE TO
INTERFERENCE RELATED TO THE WILLIAMSON ACT CONTRACT, SUCH INTERFERENCE SHALL BE
GROUNDS TO CANCEL OR VOID THE CONSERVATION EASEMENT.
IF THE COUNTY DISPUTES THE
TRIBE'S CLAIM THAT THE WILLIAMSON ACT CONTRACT WAS THE BASIS FOR THE TRIBE'S
INABILITY TO COMPLETE THE DUGAN PROJECT, THE ISSUE WILL BE SUBJECT TO THE
AGREEMENT'S DISPUTE RESOLUTION PROVISIONS AND A DECISION ON THE CANCELLATION
MADE BY AN ARBITRATOR UNLESS OTHERWISE RESOLVED BY THE PARTIES.
XIII.
PETALUMA PROPERTY
13.1
IN APRIL 2006, THE TRIBE SUBMITTED AN APPLICATION TO THE BIA TO
TAKE APPROXIMATELY 277 ACRES INTO TRUST FOR GAMING PURPOSES NEAR THE CITY OF
PETALUMA LOCATED BETWEEN U.S. HIGHWAY 101 AND THE PETALUMA RIVER (THE "PETALUMA
PROPERTY").
THE TRIBE AGREES THAT IT WILL NOT CONDUCT GAMING ACTIVITIES OR
OPERATE GAMING FACILITIES (INCLUDING CLASS II OR III GAMING AS DEFINED UNDER
IGRA) ON THE PETALUMA PROPERTY FOR A PERIOD OF AT LEAST EIGHT (8) YEARS FROM THE
EFFECTIVE DATE OF THIS AGREEMENT.
13.2
WITHIN TEN (10) DAYS OF THE EFFECTIVE DATE, THE TRIBE WILL TAKE ALL
STEPS NECESSARY TO SUSPEND AND OTHERWISE STAY ITS FEE-TO-TRUST APPLICATION FOR
GAMING PURPOSES DURING SUCH EIGHT (8) YEAR PERIOD, INCLUDING BUT NOT LIMITED TO
COMMUNICATING TO THE BIA THROUGH A DULY PASSED TRIBAL RESOLUTION THAT THE BIA IS
NOT AUTHORIZED TO FURTHER PROCESS ANY FEE-TO-TRUST APPLICATION FOR GAMING
PURPOSES ON THE PETALUMA PROPERTY OR TO TAKE ANY STEPS INCONSISTENT WITH THIS
AGREEMENT.
THE RESOLUTION TO THE BIA WILL BE SUBSTANTIALLY IDENTICAL TO
EXHIBIT I.
13.3
IF SEWER AND WATER UTILITIES BECOME REASONABLY AVAILABLE TO THE
PETALUMA PROPERTY WITHIN EIGHT YEARS FROM THIS AGREEMENT'S EFFECTIVE DATE, THE
TRIBE AGREES NEVER TO CONDUCT