THE
PETALUMA PROPERTY
4.1
THE EXISTING CASINO.
THE TRIBE HAS OPERATED THE EXISTING CASINO
SINCE SEPTEMBER 2002.
IT CURRENTLY HOUSES APPROXIMATELY 1,600 SLOT MACHINES
WITHIN APPROXIMATELY 60,000 SQUARE FEET OF SPRUNGTM BRAND DOMED FACILITIES.
IT
IS SERVED BY A MULTI-SECTION PARKING GARAGE ON THE RANCHERIA WHICH CONTAINS
APPROXIMATELY 1,179 SPACES.
CERTAIN MODIFICATIONS, NOT INCLUDING EXPANSION OF
THE FACILITY, MAY BE MADE TO THE EXISTING CASINO AS PART OF THE FIRST PHASE OF
CONSTRUCTING AND DEVELOPING THE RESORT PROJECT.
4.2
THE RESORT PROJECT.
THE RESORT PROJECT INVOLVES THE CONSTRUCTION
OF NEW RESORT AND CASINO FACILITIES, INCLUDING THE EVENTUAL ADDITION, THROUGH
PHASES, OF A TOTAL OF AN APPROXIMATELY 600 ROOM HOTEL AND RELATED RESTAURANT,
RETAIL AND HOSPITALITY FACILITIES.
APPROXIMATELY 260 ROOMS ARE SCHEDULED FOR
COMPLETION DURING THE FIRST PHASE OF DEVELOPMENT. THE TRIBE RELEASED ITS
ENVIRONMENTAL STUDY, PREPARED PURSUANT TO ITS ENVIRONMENTAL ORDINANCE, WHICH
OUTLINED A TWO-PHASE BUILD-OUT OF THE RESORT PROJECT.
THE ENVIRONMENTAL STUDY
CONTAINS INFORMATION THAT WOULD BE REQUIRED IN A DRAFT TEIR FOR FUTURE TRIBAL
COMMERCIAL DEVELOPMENT PROJECTS.
AS PART OF THE RESORT PROJECT'S CONSTRUCTION
AND DEVELOPMENT, THE EXISTING CASINO MAY UNDERGO CERTAIN MODIFICATIONS OR
RENOVATIONS.
SUCH MODIFICATIONS AND RENOVATIONS ARE INCLUDED WITHIN THE MEANING
OF THE TERM "RESORT PROJECT" IN THIS AGREEMENT.
4.3
THE DUGAN PROJECT.
IN AUGUST, 2006, THE BIA APPROVED THE TRIBE'S
APPLICATION TO PLACE THE APPROXIMATELY 18 ACRE DUGAN PROPERTY, WHICH IS
PRESENTLY OWNED BY THE TRIBE IN FEE, INTO TRUST FOR THE BENEFIT OF THE TRIBE.
THE DEVELOPMENT PLAN CONTAINED IN THE FEE-TO-TRUST APPLICATION INCLUDED THE
CREATION OF SINGLE FAMILY HOMES FOR TRIBAL HOUSING, VINEYARDS, A WINERY WITH
OFFICES (THAT CAN BE USED AS A TRIBAL COMMUNITY ROOM), A FIRE STATION, AND A
PAVED ACCESS ROAD.
THE ENVIRONMENTAL REVIEW PROCESS REQUIRED UNDER THE NATIONAL
ENVIRONMENTAL POLICY ACT (NEPA) WITH RESPECT TO PLACING THE DUGAN PROPERTY INTO
TRUST, INCLUDING DRAFTING OF THE ENVIRONMENTAL ASSESSMENT AND MEETINGS WITH THE
COUNTY AND THE PUBLIC, HAS BEEN COMPLETED.
THE DUGAN PROJECT INCLUDES THOSE
PROJECTS SHOWN ON EXHIBIT B.
4.4
THE PETALUMA PROPERTY.
IN APRIL 2006, THE TRIBE FILED A
FEE-TO-TRUST APPLICATION THAT SOUGHT TO HAVE THE PETALUMA PROPERTY PLACED INTO
FEDERAL TRUST FOR THE TRIBE'S BENEFIT.
THE TRUST APPLICATION WAS FILED UNDER
FEDERAL PROVISIONS FOR ACQUIRING LAND INTO TRUST FOR TRIBAL GOVERNMENTAL GAMING
PURPOSES.
PURSUANT TO SECTION 13, THE TRIBE HAS AGREED TO SUSPEND THE GAMING
PURPOSES OF THE APPLICATION, WHICH APPLICATION MAY REMAIN PENDING TO SERVE OTHER
USES, INCLUDING NON-GAMING COMMERCIAL USES AND THE DEVELOPMENT OF A MITIGATION
BANK.
IF CERTAIN CONDITIONS SPECIFIED IN THIS AGREEMENT ARE SATISFIED, THE
TRIBE HAS AGREED TO PERMANENTLY FOREGO GAMING ON THE PETALUMA PROPERTY.
V.
ENVIRONMENTAL REVIEW
5.1
THE TRIBE AND COUNTY AGREE ON THE IMPORTANCE OF CONDUCTING AN
APPROPRIATE ENVIRONMENTAL ANALYSIS OF TRIBAL DEVELOPMENT PROJECTS TO DETERMINE
POTENTIAL OFF-RESERVATION ADVERSE ENVIRONMENTAL IMPACTS AND, IF NECESSARY,
APPROPRIATE MITIGATION.
TOWARD THIS END, AND PURSUANT TO SECTION 10.8 OF THE
COMPACT, THE TRIBE ENACTED THE ENVIRONMENTAL ORDINANCE TO PROVIDE A PROCESS FOR
DETERMINING OFF-RESERVATION ENVIRONMENTAL IMPACTS OF TRIBAL DEVELOPMENT
9
PROJECTS THAT