TRIBE IN WRITING OF THAT FACT AND PROVIDE
THE TRIBE WITH A REASONABLE OPPORTUNITY TO CURE THE ALLEGED DEFAULT.
IF THE
MATTER HAS NOT BEEN CURED, OR THE TRIBE DISPUTES THE NEED TO CURE OR OTHERWISE
TAKE CORRECTIVE ACTION WITHIN SUCH REASONABLE TIME, THE COUNTY MAY NOTIFY THE
TRIBE OF THE COUNTY'S INTENT TO UTILIZE THE CONSTRUCTION ASSURANCE DEVICE.
IF
THE TRIBE OBJECTS, IT SHALL NOTIFY THE COUNTY WITHIN SEVEN (7) BUSINESS DAYS AND
INITIATE THE DISPUTE RESOLUTION PROCESS OF THIS AGREEMENT, WHICH PROCESS SHALL
BE COMPLETED PRIOR TO A DEMAND ON THE CONSTRUCTION ASSURANCE DEVICE.
7.8.1
THE TRIBE WARRANTS THAT IT HAS CONDUCTED A CONSTRUCTION
ESTIMATE OF THE ROAD CONSISTENT WITH INDUSTRY STANDARDS AND THAT A REASONABLE
ESTIMATED COST OF THE EMERGENCY ACCESS ROAD IS THIRTEEN MILLION FIVE HUNDRED
THOUSAND DOLLARS ($13,500,000) IF CONSTRUCTED IN THE LOCATION NOW DESIGNATED ON
THE DUGAN PROPERTY, AND SUCH AMOUNT, PLUS 7%, SHALL BE THE PRINCIPAL AMOUNT OF
FUNDING THE CONSTRUCTION ASSURANCE DEVICE, PROVIDED THAT SUCH ESTIMATED COST MAY
BE REVISED UPWARDS OR DOWNWARDS IN ACCORDANCE WITH SECTION 7.8.5 BELOW.
7.8.2
THE TRIBE AGREES TO EXPEDITIOUSLY TAKE ALL NECESSARY STEPS TO
WORK WITH THE COUNTY AND BIA TO HAVE THE DUGAN PROPERTY TAKEN INTO TRUST AT THE
EARLIEST POSSIBLE DATE SO THAT CONSTRUCTION WORK ON THE ROAD CAN BEGIN AS SOON
AS POSSIBLE FOLLOWING THE EFFECTIVE DATE AND FINANCING, OR, IF APPLICABLE, TO
EXPEDITE THE SUBMISSION AND APPROVAL FROM THE COUNTY OF PLANS FOR AN EMERGENCY
ACCESS ROAD ON THE ALTERNATIVE ROAD SITE.
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7.8.3
COUNTY APPROVAL OF THE EMERGENCY ACCESS ROAD ON THE ALTERNATIVE
ROAD SITE SHALL BE BASED ON A SUFFICIENT CONSTRUCTION ASSURANCE DEVICE BEING
PROVIDED BY THE TRIBE WITH RESPECT TO THE COMPLETION COSTS FOR CONSTRUCTING THE
ROAD AND APPROPRIATE ASSURANCES AS TO ITS EQUIVALENCY IN TERMS OF SAFETY AND
TIME FOR CONSTRUCTION COMPLETION AS COMPARED TO THE EMERGENCY ACCESS ROAD
PROPOSED FOR THE DUGAN PROPERTY.
7.8.4
WITHIN THIRTY (30) DAYS FOLLOWING ACCEPTANCE OF THE DUGAN
PROPERTY INTO TRUST, AN ESCROW ACCOUNT SHALL BE SET UP PURSUANT TO THE FORM OF
ESCROW INSTRUCTIONS ATTACHED HERETO AS EXHIBIT E OR A BOND SUBSTANTIALLY IN THE
FORM OF THE BOND ATTACHED HERETO AS EXHIBIT F.
THE TRIBE SHALL BE RESPONSIBLE
FOR ANY COST ASSOCIATED WITH THE SETTING UP OF EITHER CONSTRUCTION ASSURANCE
DEVICE.
WITHIN SUCH A TIME PERIOD THE TRIBE AND THE COUNTY SHALL AGREE UPON A
LICENSED AND INDEPENDENT ESCROW AGENT AND SHALL EXECUTE AND DEPOSIT THE
INSTRUCTIONS INTO ESCROW OR WITH A LICENSED AND INDEPENDENT SURETY.
WITHIN TEN
(10) DAYS AFTER OPENING OF THE ESCROW OR WITHIN TEN (10) DAYS OF THE AGREEMENT
ON THE SURETY, THE TRIBE WILL DELIVER TO THE COUNTY A WRITTEN BUDGET SETTING
FORTH IN REASONABLE DETAIL THE ANTICIPATED COSTS OF CONSTRUCTING THE EMERGENCY
ACCESS ROAD ("BUDGET") WHICH SHALL INCLUDE A DESCRIPTION OF COSTS BY
CONSTRUCTION MILESTONES.
THE COUNTY SHALL HAVE TEN (10) DAYS FROM RECEIPT OF
THE BUDGET TO REASONABLY APPROVE OR REJECT THE BUDGET.
THE BUDGET AMOUNT, AS
FINALLY APPROVED (OR NOT DISPUTED)