FEE ALSO SHALL BE CALCULATED AND PAID IN THE SAME
MANNER AS THE SONOMA COUNTY TRANSIT OCCUPANCY TAX.
16.11
ANY FUNDS RECEIVED BY THE COUNTY FROM THE TRIBE PURSUANT TO THIS
AGREEMENT ARE SUBJECT TO THE SOLE DISCRETION OF THE COUNTY BOARD OF SUPERVISORS
WITH THE EXCEPTION OF IN LIEU FEE PAYMENTS WHICH SHALL BE APPLIED AS SET FORTH
IN SECTION 16.9.
16.12
ON THE LATER OF THE 31ST DAY AFTER THE DUE DATE OF ANY PAYMENT UNDER
THIS AGREEMENT OR TEN (10) DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM THE COUNTY
FOLLOWING SUCH DUE DATE, ANY AMOUNTS DUE FROM THE TRIBE SHALL BEAR INTEREST FROM
THE SCHEDULED PAYMENT DATE AT A RATE EQUAL TO THE PRIME RATE OF INTEREST
ANNOUNCED BY THE WALL STREET JOURNAL PLUS 2% PER ANNUM.
XVII.
RE-OPENER PROVISIONS
17.1
THE PARTIES RECOGNIZE THAT ADDITIONAL IMPACTS OR EVENTS, NOT
FORESEEN OR COMPENSATED FOR IN THIS AGREEMENT, MAY OCCUR AND THAT THE PROJECTED
INCOME FROM WHICH THE TRIBE INTENDS TO PAY THE COUNTY FEES MAY BE NEGATIVELY
IMPACTED IN THE FUTURE, INCLUDING THE POSSIBLE INABILITY TO OPEN THE RESORT
PROJECT AS PLANNED.
BALANCING THIS RECOGNITION AGAINST THE PARTIES' NEED FOR
CERTAINTY AND STABILITY WITH RESPECT TO THIS AGREEMENT, THE PARTIES AGREE THAT
UPON THE OCCURRENCE OF ANY OF THE FOLLOWING, EITHER PARTY MAY REQUEST THE
REOPENING OF THIS AGREEMENT FOR THE PURPOSE OF NEGOTIATING AMENDMENTS TO IT:
17.1.1
THE COMPACT IS AMENDED, OR A NEW COMPACT ENTERED INTO WITHIN THE
AGREEMENT TERM, TO PERMIT THE TRIBE TO OPERATE MORE CLASS III SLOT MACHINES THAN
THE 2,000 MACHINES ALLOWED UNDER THE TRIBE'S CURRENT COMPACT, AND THE OPERATION
BY THE TRIBE OF SUCH ADDITIONAL MACHINES, PROVIDED THAT WITH REGARD TO SUCH
COMPACT AMENDMENT OR NEW COMPACT, THE COUNTY SHALL JOIN WITH THE TRIBE IN URGING
THE STATE AND THE GOVERNOR THAT THIS AGREEMENT BE DEEMED TO MEET THE
REQUIREMENTS OF ANY INTERGOVERNMENTAL AGREEMENT REQUIRED IN ANY SUCH COMPACT;
36
17.1.2
PHASE I IS NOT OPENED WITHIN THREE YEARS FROM THE EFFECTIVE
DATE;
17.1.3
MORE THAN SEVEN YEARS HAS ELAPSED FROM THE EFFECTIVE DATE;
17.1.4
THE TRIBE'S GROSS REVENUES DECLINED BY AT LEAST 20% OVER A
PREVIOUS YEAR AND REMAINED AT OR BELOW THAT BASE YEAR REVENUE LEVEL FOR A
CONSECUTIVE THREE-YEAR PERIOD;
17.1.5
A SIGNIFICANT PORTION OF THE TRIBE'S GAMING FACILITY CEASED
OPERATIONS FOR A CONTINUOUS PERIOD OF AT LEAST SEVEN (7) CONSECUTIVE DAYS, DUE
TO FORCES ENTIRELY BEYOND THE TRIBE'S CONTROL, AND THE TRIBE'S ANNUAL GROSS
REVENUES DURING THE YEAR IN WHICH THAT OCCURRED DECLINED BY MORE THAN 20% FROM
THE PRECEDING YEAR;
17.1.6
PRIOR TO THE OPENING OF PHASE I, THE TRIBE'S ANNUAL NET REVENUE
FROM CASINO AND RELATED OPERATIONS (INCLUDING BUT NOT LIMITED TO ALCOHOL SALES)
FOR THE TWELVE (12) MONTH PERIOD FOLLOWING JUNE 30, 2008, THE ISSUANCE OF AN
ALCOHOL LICENSE, OR THE DATE OF FINANCING, WHICHEVER IS LATER, DECREASED MORE
THAN 20% FROM THAT OF THE IMMEDIATELY PRECEDING 12 MONTH PERIOD;
17.1.7
THE ABC ALCOHOL LICENSE IS NOT ISSUED FOR THE EXISTING CASINO