2013/03/26 City Council Resolution 2013-063RESOLUTION NO. 2013 -063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDED
AND RESTATED MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE
CITY OF ROHNERT PARK AND THE FEDERATED INDIANS OF GRATON
RANCHERIA FOR THE PURPOSE OF FUNDING THE MITIGATION OF OFFSITE
CASINO IMPACTS
RECITALS
WHEREAS, the Federated hldians of Graton Rancheria ( "Tribe ") are developing a casino
resort project;
WHEREAS, on October 14, 2003, the City of Rohnert Park ( "City ") and the Tribe entered into
a Memorandum of Understanding ( "Original MOU ") wherein the Tribe agreed to make certain
financial contributions to the City to mitigate impacts of the casino resort project within the City
as well as investments in and contributions to the Rohnert Park community;
WHEREAS, the Original MOU contemplated that the casino resort project would be located on
property along Stony Point Road.
WHEREAS, in approving a Final Environmental Impact Statement ( "FEIS ") for the casino
resort project, the National Indian gaining Commission ( "NIGC ") ultimately approved the
location at an alternate site along Business Park Drive and selected a reduced intensity casino
and a 6- story, 200 -room hotel ( "Project ");
WHEREAS, the Project is being built on approximately 66 acres of land situated within the
City's urban growth boundary and sphere -of- influence;
WHEREAS, due to relocation of the Project to a site within the City's urban growth boundary,
changes to the scope of the Project and its impacts on the demands for City services, the need to
address mitigations called for in the NIGC's Record of Decision and FEIS, and provisions
required to assure proper implementation of the State Gaming Compact, the parties now wish to
amend the Original MOU to reflect these changes and other matters by the adoption of a First
Amended and Restated Memorandum of Understanding ( "Amended MOU ");
WHEREAS, the parties intend that the Amended MOU supersede the Original MOU;
WHEREAS, both the Original MOU and this Amended MOU are intergovernmental agreements
between the City and the Tribe that facilitate the mitigation of impacts resulting from the Project,
and neither agreement approves the Project, allows gambling, or facilitates construction of the
Project;
WHEREAS, at a regular meeting of the General Council of the Tribe, the General Council will
authorize the adoption of the limited waiver of sovereign immunity;
WHEREAS, the Tribal Council of the Tribe approved the adoption of the Amended MOU on
March 8, 2013 via Tribal Council Resolution No. TC- 13 -12;
OAK #4531 -0375 -1699 v2
WHEREAS, the City Council considered the adoption of the Amended MOU at a duly noticed
public meeting of the City and considered the staff report and presentation, public comment, if
any, of all persons desiring to be heard, and considered all the facts relevant to the Council's
action.
NOW, THEREFORE, the City Council of the City of Rolmert Park does hereby resolve,
determine, find and order as follows:
SECTION 1. Findings. The City Council hereby finds as follows:
The above recitations are true and correct and material to the Council's action
2. The Amended MOU was negotiated as provided for in the Compact and constitutes
approval of an intergovernmental agreement, as that term is defined in Section 11.8.7 of
the Compact, which is designed to mitigate certain Project impacts on the City and
compensate the City for impacts incurred as a consequence of the Project, pursuant to
Section 11.8.7, subsections (a)(1) and (a)(2) of the Compact.
3. Approving the Amended MOU does not approve the Project nor gaming, those approvals
have previously been granted by the NIGC and the Governor. The Amended MOU is a
consequence of those prior approvals.
4. hl undertaking environmental review, the following facts are relevant: (a) the Project has
been reviewed under NEPA; (b) the Tribe is not a public agency subject to CEQA; (c) the
Project is not subject to CEQA or to City environmental review, design, land use or land
development ordinances, plans, manuals or standards; (d) the City does not have legal
authority to deliberate on, approve, disapprove, or otherwise exercise judgment regarding
the Project; and (e) the City is not deliberating on, approving, disapproving or otherwise
exercising judgment regarding the Project by entering into this Amended MOU.
SECTION 2. Environmental Analysis. The City Council hereby finds that the adoption of this
Agreement is statutorily exempt from CEQA pursuant to:
1. Government Code Section 12012.56(b)(1)(C). The Compact expressly requires the City
and Tribe to enter into intergovernmental agreements to mitigate the impacts and provide
for compensation for the offsite effects of the Project. In ratifying the Compact, the
Legislature statutorily exempted the approval of such intergovernmental agreements from
compliance with CEQA in Government Code section 12012.56(b)(1)(C) by expressly
declaring that any such intergovernmental agreement between the City and Tribe "shall
[not] be deemed a project for purposes of [CEQA]."
2. Section 15378(b)(4) of the CEQA Guidelines provides that a "project" does not include:
"The creation of government funding mechanisms or other goveriuuent fiscal activities,
which do not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment." Adoption of the Amended
MOU is therefore exempt and not a "project" for CEQA purposes because it does not
obligate the City to undertake a specified construction project or set any time for
development. I Rather, it is an agreement to establish a funding mechanism for
implementation of mitigation measures which do not involve any commitment to any
See Citizens to Enforce CEQA v. City of Rohnert Park, 131 Cal. App. 4 "' 1594 (2005)
2013 -063
Page 2 of 3
specific project which could result in a potentially significant physical impact on the
environment. The Amended MOU specifically acknowledges that CEQA review and
compliance may be required if the City ever undertakes development of mitigation
projects which could result in a physical impact on the environment.
SECTION 3. Record. In making its findings the City Council relied upon and hereby
incorporates by reference all of the documents referenced in this Amended MOU, staff reports,
presentations and all other related materials presented to the Council in conjunction with
approval of the Amended MOU.
SECTION 4. Authorization of Amended MOU. The City Council does hereby approve the
First Amended and Restated Memorandum of Understanding by and between the City of
Rohnert Park and the Federated Indians of Graton Rancheria in substantially similar form to the
Amended MOU attached hereto as Attachment 1 and incorporated by this reference, subject to
final review, including non - substantive modification, and approval by the City Attorney.
SECTION 5. Execution. The City Manager is hereby authorized and directed to take all actions
to effectuate the Amended MOU for and on behalf of the City of Rohnert Park, including, but
not limited to, execution of the Amended MOU and directing staff to file a notice of exemption.
SECTION 6. Severability. If any action, subsection, sentence, clause or phrase of this
Resolution or the Amended MOU adopted by this Resolution shall be held invalid or
unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity
of the remaining portions of this Resolution or the Amended MOU adopted by this Resolution
that can be given effect without the invalid provisions.
DULY AND REGULARLY ADOPTED this 26th day of March 2013.
19
i- XOVIusxT PA
ATTEST:`_
Q0
Anne Buergler, City Clerk
Exhibits:
CITY OF ROHNERT PARK
Pam Stafford, Mayor
Attachment 1: First Amended and Restated Memorandum of Understanding
AHANOTU: BELFORTE: P-16 MACKENZIE: CALLINAN: STAFFORD: f f >
AYES: (`7 ) NOES: ABSENT: (fl ) ABSTAIN: ( )
2013 -063
Page 3 of 3
FIRST AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF ROTINERT PARK
AND THE FEDERATED INDIANS OF GRATON RANCHERIA
DATED AS OF:
Mar eli,13,2013
EFFEcTiVE AS M
1 '1013
K Y48 '1,] 90,6, 1267 vA
TABLE OF CONTENTS
Page
I}EFIN[[I0NS-- ...... ----............ ................................................... -----......... 4
NON-8ECDR2l]NG&4ll]Gf\TION AND IN1P/\CTCON]II1BUll0NS ---.-- ....... 7
RECURRING MITIGATION CONTRIBUTIONS .... ...... .—.......... --......... ----9
COMMUNITY FNTVDS'FM6NTDJ�CTJRllINCjC[}NTR|BD13ON lO
Pf\YMQEN]`IEKMS ...... ........ —................. _--....... --- .......... .... --- ... ---'l}
ADDITIONAL TRIBAL. COVENANTS AND ACKNOWLEDGMENTS ..-----.l5
'TERM AND TBRMUN/\T]ON..— ............. ...............................
------.-----]d
3lJSPENS]Ol4EVl��T3 ................ --.......... ..—......... --- ....... --- ............. ...... |8
R6Y�|lOOTI\TT[)N PROVISION ............. -------............ ---.................
--|8
SEVEllABllj1'Y .................. — ... .-..—....... —.—.—............... ......... —....... ...........
—')4
DISPUTE RESOLUTION PROVISIONS .... .---........... --- ...... --...... ...... — .... 2U
WAIVI,"KOF SO\/I.'RElGNlMMT}NIIY .............. —.......... -------............. 22
REPRESENTATIONS AND TA/A]�K,�N]]E8— ...... ........... .---...................... ......
2
GENERAL PROVISIONS .... ....................... ............ ---- ...... -------............
Z3
o^x ,4 -i-
THIS FIRSTAMEDEN AND RESTATED MEMORANDUM Of UNDERSTANDING
(die "NIOLI") is made this l3th. day of March, 2011 by and be(tiveen the City of Rohnert. Park, a
municipal organization organized and existing Under and by virtue of they laws of the State of
t:_, T
California {the "City"), and the Federated Indians of'Craton Rancheria., a federally recognized
Indian tribe (the "Tribe"), The capitalized terms not otherwise defined herein 'nave the nearing
set forth below.
RE,CITALS
WHEREAS, the Tribe consists of' approximately 1,300 members of Coast N/liwok and
Southern Porno descent, and
WHERE,.AS, in 1966, the federal government terminated its relationship with the 'Tribe
pursuant to the California Rancheria Act of 1958 (Pub, L. 88-453) and transferred title to the
lands lurown as the Graton Rancheria into private ownership; and
WITER.I.,'AS, in 2000, Congress restored federal recognition. to the Tribe pursuant to the
Graton Rancheria Restoration Act ("Restoration Act"), t)Ub. L 106-568, 25 U.S.0 ". § 13100n el
seq.; and
WHEREAS, the Restoration Act required the Secretary of the Interior (the "Secretary")
to take real property identified by the Tribe and located in Marin or Sonora counties into trust as
the Tribe's reservation; and
WHEREAS, in April 2003, the Tribe identified property located on Highway 37 in
southern Sonoma County (the "Highway 37 Property") for its reservation and announced plans
to develop a resort hotel and gaming facility on a portion of the Highway 37 Property once in
trust and deemed eligible for gaming-, and
WHEREAS, at the urging of'coinniunity, repi,ese.nta(ives and environmentalists, the Tribe
reconsidered its plans for the Highway 37 Property and, thereafter, donated its rights to the
Highway 37 Property to the Sonorna Land Trust for perpetual preservation; acrd
WHEREAS, hi August 2003, fl)e Tribe acquired rights to purchase alternative property
located on Stony Point Road (the "Stony Point Road Property") west of the urban growth
boundary of the City for its reservation and proposed project., and
WHERI'AS, in August 2005, to address local land use and envirorunental concern,.,, the
Tribe abandoned its plans for the Stony Point Road Property and, thereafter, the Tribe purchased
approximately, 2254 acres of land (.the "254 Acre Parcel") located primarily within the
unincorporated area of the County of Sonoma (the "Counq,"); and
WHER -EAS, at the request of the City and the County, the Tribe agreed to wait Until
completion of the environmental review fair the proposed Gaining Facility before exercising its
,right under the Restoration Act to have the 254 Acre I)arccl placed into trust; and
WHERI'AS, the National Indian Gaining Commission (the "NIGC") conducted four
public hearings and provided over 160 days for public comment in preparing a draft and final
l };,., ,1,19:1 -x906 -1267 v4
environmental impact statement (` 1 �IS ") Isar the: casing and hotel pr oject pursuant to the National
Environmental Policy Act; and
V HI,"'R 'AS. in October 2010. the NIGC: issued its Record of Decision, concluding that
the 254 Acre Parcel is eligible for gaming under IGRA and adopting as the preferred action a
reduced intensity casino and hotel project (the "Project") that is significantly smaller than the
project initially proposed by the Tribe and analyzed as Alternative A in the EIS, to be
constructed and operated on approximately 68 acres of the 254 Acre Parcel located within the
City urban growth boundary and outside the area identified as community separator in the
C'ounly General _Plan; and
WHEREAS, following completion of the envir°orunental review, the Tribe exercised its
right under the Restoration Act to have the 254 Acre _Parcel placed into trust; and
WHEREAS, on October 1, 2010, pursuant to the Restoration Act, the Bureau of Radian
Affairs of the t;nited States Department of the Interior accepted the 254 Acre Parcel into trust oil
behalf of the Tribe. for the "T'ribe's reservation (the "Reservationn "), and
WHEREAS, on March 27, 2012, Governor Jerry Brown signed, and on May 17, 2012,
the Legislature sUbsecluently ratitied, a class III garnirrg compact (the "Compact") between the
Tribe and State that authorizes the operation of up to three thousand (3,000) Claming Devices;
and
WHEREAS, on .July 12, 2012, the Secretary published notice in the federal Register that
the Compact is considered to have been approved pursuant to IGRA —, and
WHEREAS, the Compact obligates the Tribe: to pay a percentage of its gaming revenues
to the State. Gaining Agency on a quarterly basis for deposit into a trust fond called the Gratcn7
Mitigation Fund, and
WHEREAS, the funds deposited into the Craton Mitigation T'und are to be paid by the
State Gaming .Agency in the following descending order, until c.xhaUStcd: (.i) the City pursuant
to its agreement with the "Tribe, (ii) the C'ounty pursuant to its agreement with the Tribe, and (iii)
to The Revenue Sharing Trust Fund or the Tribal Nations Grant Fund; and
WHEREAS, the Tribe and the City are parties to a Mernorandurn of Understanding made
effective as of October 14, 2003 (the "Original MOU"), providing for funds to mitigate Project
impacts within the City and make inve.stnn.ents in and contributions to the Roh.nert Park
community; and
WHEREAS, the Cite and the Tribe are parties to a Joint. Exercise of Powers A greenaent
for Wastewater Serviecs mace effective as of Tuly 23, 2012 (the "Wastewater Services JEPA. "),
to provide City wastewater services to the Reservation, including the Project; and
WHEREAS, the City, the County, and the Tribe are parties to a Joint Exercise of Powers
Agreement for Implementation of 'litigation Measures for Widening Wilfred Avenue: made
effective as of September 25, 2012 (the "Wilfred Avenue JEPA"), under which the Tribe has
OAK 04821-1906-1267 vet 2
agreed to pay the full cost of inil)rovements to Wilfred Avenue ftom HIgInvay 101 west to Stony,
Point Road and the full cost of improvements to Business Park Drive; and
WHEREAS, the County and the Tribe are parties to an Intergovernmental Mitigation
Agreei-nent made eff'ective as of October _23, 2012 (the "County Agreernent"), under ',vhich the
Tribe will make payments to mitigate potential Project iMDacts, including for I)olice and fire
protection services., water conservation, Highway 101 improvements, health and human services,
and for parks and open space; and
WHEREAS. the City and the Tribe have determined the need to restate and amend the
Original MOU, entered into more than nine (9) years ago,, to reflect changes in the FolloNving: the
relocation of the Project to a site within the City's urban growth boundary and adjacent to the
City's incorporated boundaries, the Project scope, contributions to be made by the Parties priol,
to the Opening gate, the payments from the Graton Mitigation Fund, the Project's den-rands on
City services, and other matters; and
WHI-REIAS. the Tribe further intends to advance a cooperative and nautically NSI)CCIfUl
()()Vel,lllllellt-to-go\/ei-iiiiietit relationship with the City; and
WHEREAS, the Tribe is committed to entering into a voluntary contractual arrangement
with the City pursuant to which the Tribe agrees to make certain financial contributions and
community investments to mitigate various impacts that may arise in connection with the
Project; and
WfIF"RFIAS, this M.OUI does not constitute a `'project" for CEQ.A purposes because it
involves the creation of a government funding mechanism and/or other government fiscal
activity. The terms in this MOIJ do not involve any coninaitment to any specific "project" which
may result in a potentially significant physical .impact on the enviromnent and only requires the
Tribe to make mitigation payments for identified mitigation measures and programs. This MOO
does not obligate the City to undertake any specified mitigation measure or program or
co.)nstructlon project nor does it set a titrie for development as those tern-is are used in CI A; and
WHERE' AS, the City recognizes and acknowledges that the Reservation is located
outside the incorporated boundaries of the City and therefore the City has no authority to
exercise jurisdiction over the Reservation or the Project. The City does not have legal authority
to deliberate on, approve, disapprove, or otherwise exercise judgment regarding the Project. The
City is therefore not deliberating on, approving, disapproving or otherwise exercising 'Lidornerit
regarding the Protect by entering into this MOU.- and
)AIREIREAS, the City acknowledges that the contributions and investments to be made by
the, Tribe and the other covenants made by the Tribe as set forth in this MOU are intended to be
sufficient to mitigate the impacts of the Project on the City- and
WHEREAS, in acknowledging the contributions and investments to be made by the Tribe
as set forth in this MOIJI. the City flitends to use the funding provided by the Tribe to 1-flitigate
impacts on City resources and services such as traffic, staffing levels ii public safety,
i public
works, traffic circulation, neighborhood upgrades, workforce housing:, problem gambling, storm
c C11
water drainage, and other impacts; and
WHEREAS, the purpose of this MOU is to set fortl-.t the L'Uiderstandings ofthe -Fribe and
the City on the topics expressly set forth in this N401J.,
NOW, THEREFORE, in consideration of the above and of the ouitual promises herein
contained, the SUffiCiC110V Of WhiCh is acknowledoed., the Parties hereby aprec as follows:
DEFINITIONS
The ternis not defined else-where in this MOU shall have the following ineatlifl.Cls'
L] ' cooauo the Cailoxnia Envinnoncuto| Ooulky Act., California Public
Resources Code 6 21000 et seq.., and any amendments thereto, and the regulations
promulgated thereunder, as the oomt may be auzcudcd nrroodifiod from time to
12 ^Cit-y` means the Cityo[Rol-iflUt Parkamunicipa\corpnration organized and
existing under and by virtue ofthe laws ofthe State of California.
13 ^^Cocopmut° oicoou the Tribal-State Compact between the 3to(t and the Irbo,
govounino the onudoci of Gaining /\uibilcx on the Reservation purxuuo( to
I(}R-A, as executed on March 27, 2012 by the State and &1u/dh26, 2012 by the
Tribe, considered to have been approved by the Socre1ary purouao{ 10 25 TJ.S.C� 8
2710(d)(8)(C)` notice of which was published in the Federal Ke-ixter on July l2`
2012 (a cori,ection to the notice was published July 2D, 2012). as the sarne may be
noueodod from tirno to dcno, and v/lzizb iu ovnilab|c uo|ioo o1:
1.4 "County" means the CoLinty ol'Sonorna, California.
1.5 "County Agreement" means the |ntecgovmrumnntul Mitigation Agreement
between the County and the Tribe made cDtctivo as o[Ock)bar 23, 2012` as the
L6 "M Adiumtomoot,rnueuuo an annual increase frorn the doUurunuouo1 apy|iuuh}u
to the prcviotis year which b equal todeumnual increase iu the CoouomerPrice
Index for all urban consuniers in the San Francisco-Oakland-San Jose area.
L7 ']0mv Baseball Sq1e Arbitration" means the Parties xuhodt best, last and final
offers to an arbitrator. After bcurlug, pzcmoo1adoux 6nin each party, the
arbitrator's only option is to cbonno botv/ccu the two offers sobnuitted by each
party. T10 nrbdnduc ououot aybt the difference betv^oco the two offers nor select
an alternative position,
1.8 "Due Dates" mtoo each and every dm(e opou which couidbotmns are due and
expected to hu received from the State Gaining Agency, aanvmoi-eparticularly
�KiMmu906-o67 %A 4
1.9 "Gaining Activities" means the class III gaming aciivities authorized by section
3.1 of the C'0111pact.
1.10 "Gainin(.14 Device" means any slot machine within the meaning of article IV,
section 19, subdivision (f) of the California Constitution as defined under section
2.10 of the Cc)inpact,
1.11 "Graining Facility" or "Facifity" means any bUildil-Ig in which Gaining Activities
or any Gaining 6perations occur, of- in which the business records, receipts, of-
funds of the Gaming Operations are maintained (excluding offsite facilities
-1)
dedicated to storage of those records and financial. institutions), and all rooms,
buildings, and areas, HICIUditig hotels, restaurants,, parking Jots, and walkways, a
Principal PU1`pOSC Of Which is to Serve the activities of the Garning Operations
rather than providing that operation with an incidental, benefit as defined under
,section 2.12 of the Compact.
1.12 "Cff'raton Mitigation Fund" nicans the account established by the State Gaining
Agency for the receipt of revenues paid by the Tribe pursuant to section 4.5 of the
Compact and fior the distribution of such revenues as described in section 4.5.1 of
the Compact.
1.13 "EIS", incaris the environmental impact statement prepared by the INIGC for the
Project pursuaril to NE1111A, final notice of which was published on page 9007 of
Volume 74 of (lie Federal Register on February 275 200
1.14 `IGRA" means the Indian Gaining Regulatory Act of 1988 (P.L. 100-497, 18
U.S,C, § 1166 etseq. and 25 US.C. § 2701 el seq), and any amendments thereto,
and the regulations proinuli-Tated thereunder, as the same may be amended or
modified from time to time.
1,15 "NEPA"' means the Nlational Ffiviron.niental Policy Act, of 1970, as amended (42
U.S.C. §. 4371 cat sect.), and the regulations promulgated thereunder, as the same
may be amended of- modified from time to time.
1.16 "NIGC" means the National Indian Ganging Commission established pursuant to
I G RA.
1.17 "Opening Date" or "Opening" means the first date on which the Gaining
Activities at the Gainimy Facility are open and available for use by the public.
I.18 "Parties" nicans the City and the Tribe as signatories to this N/JOU.
1.19 "Project" means the development, construction and operation on the Reservation
of all or any part of the reduced intensity proJect described as Variant H-SUbI and
identified as the Preferred Action Alternative in the Record of Decision.
1 comity, city district, public autliority.
1 .2 0 "Public Entity" means the State and anN
public agency and any other political subdivision oi- public corporation in the
t, l
State,, *Including., without limitation, the City and the County.
1.21 "Quarter" means any, one of" the following, three month periods: January through
March, April 01YOU011 June,, July through September, and October through
December. If the Ganging Activities commence after the first day of any calendar
quarter. the first Quarter For purposes of this MOU shall cover tl)c period from the
commencement. of Gaining Activities to the end oil' the first ftill calendar quarter.
I "Record of Decision" incans the Record of Decision for the environs - rental
impact statement prepared by the _N'lGC for the Project pursuant to NEPA, notice
of which was published on page 63517 of Volume 75 of the Federal Register on
October 151, 2010.
I.23 "Reservation" means certain C011tigUOLIS parcels totaling approxiinately 254 acres
of land, including approximately 5 acres currently located Nvithin the City and
another 68 acres currently located within the urban growth boundary of, the City,
which was taken into trust by the Bureau of Indian Affairs of tile United States
Departincrit offracrior on October 1, 2010, or any portion of such land, which is
held by the United States ol"Amcrica in trust for the benefit of the Tribe.
1,24 "Restoration Act", means the Graton Rancheria Restoration Act (Pub, L. 106 -
S68, 25 t_J,S.C. § 1300n).
1.25 "Secretary" means the Secretary oftbe United States Department of the Interior.
1,26 "Special Enforcement Activities" means public safety activities including, but
not limited to, conabatim, gangs, illegal drug use and other criminal activity In the
City.
1.27 "State" means the State oil 'Califorma,
1.28 "State Ganlim'. Agency", means the entities authorized to: administer the Graton
'Mitigation Fund. or other rnitioation nionies paid by the Tribe to the State for
distribution to other public and private entities, and investigate, approve, regulate
and license gaining pursuant to the Gambling Control Act (Chapter 5
commencing with section 19800) of Division 8 of the California Business and
Professions Code), or any successor statutory scheme, and any entity or entities in
which that authority may hereafter be vested.
1.29 "Tribe" means the Federated Indians or Graton Rancheria,, a federally recognized
Indian tribe.
130 "Wasteivater Service=s JFTA" means the Joint Exercise of Powers Agreement by
and between the City and the Tribe for Wastewater Services ri-iade effective as of
,July 23, 2012, as the same may be amended from time to time.
OAK 1;4811-1900-1267 v4 6
1.31 "Wilfred Avenue JEPA" means the Joint Exercise of Powers A�
,greement by and
between the City, the County, and the Tribe for Implementation of 'Aitigation
IvIcasures for Widening Wilfred Aveime made eff'ective as of September 25,
2012, as the same may be amended from tinic to time.
1 NON-RECURRING MITI GATION AND IMPACT CONTRIBUITIONS
2.1. DEVELOPMEN-r FEE, CONTRIBUTION PRIOR TO OPENING. 1'o mitigate impacts of
the Project on the City, its staff and other resow-ces, lbe Tribe shall make a uoll-
recurrino cash contribution to the City of two 111,11,o!) six hulldred sixty knl
thousand dollars ($2,664,000) In IJeU of the development and related :Fees �N'hicll
the City would otherwise receive from ,I developer for the development of an
equivalent commercial project (as if the Project was nol. located on the
Reservation, and as if the entire Reservation was located within the boundaries of
the City). The Tribe shall pay the noti-recurrino development fee to the City
within thirty (30) calendar days following the Effective Date of this MOU, as is
more particularly described in Section 7.1 hereof.
2.2 LAW -ENFORCEMENT CONTRIBUTION PRIOR TO OPI� NJNG, TO mitigate iIIII)aCtS
ofthc Project on law enforcement resources, the Tribe shall make a 11011-I'Mirring
cash contribution to the City of five hundred thousand dollars ($500,000) for
Special Enforcement Activities in the City. The Tribe shall make the non-
recurring law enforcement payment to the City in four (4) Successive,
quarterly
histalli-nents of equal amounts of one hundred twenty five thoLisand dollars
($125,000) oil Rily 10, 2013, October 10, 2013, January 10, 2014 and April 10,
2014.
2.3 FIRE AND PUBLIC SAt,'rry CONTRIBUTIONs Ai;-rt ljz OPENING. TO Mitigate
impacts of the Project on fire and public sat'ety, , the '-.I'j-ibe shall make the
following non-recurring contributions set forth III this Section 2),3,
L-
13A The Tribe shall make I non - recurring cash contribution to the City of three.
million seven hundred fifty thousand dollars ($3,750,000) to develop and
construct a new public safety building west of Highway 101 within the
City (the "Public Safety Building"), The above-referenced contribution
shall be made in eight (8;) r
) successive, clijaterly installments of equal
arnounts commencing On the first business day of the seventh (7th)
Quarter after the Opening Date. If the amount paid exceeds the actual cost
of the Public Safety Building., the City shall (1) within one hundred twenty
(1210) days after a certificate of occilpaiicy is Issued for the Public Safety
Building, provide written notification to the Tribe of' the amount of the
excess payment, and (ii) set aside the excess amount and credit such
amount against the next payment due to the City from the Tribe pursuant
to this MOU.
2.3.21 The Tribe shall make a non-recurring cash contribution to the City Of One
n 'Ilion two hundred thousand dollars ($1,200,000) to be used by the City
n
solely 101- the purchase and equipping of a ladder fire truck to be stationed
at tlie. Public Safety ;wilding and capable of servicing the hotel which Nvill
be constructed as part of a later phase of the Project. The above -
refereoced contribution shall be made on the first: business day of the
eleventh { I 1 th) Quarter after the Opening Date..
2.3.3 The 'Tribe shall make a non - recurring cash contribution to the City of four
hundred ten thousand dollars (` 410,000) to be used by the City solely for
the purchase of public safety and /or other City vehicles required to
mitigate irripacts of the Project. The above - referenced contribution shall
be made in four (i) successive, quarterly installments of one hundred two
thousand fide hundred dollars ( "102,500) corni-nencing on the first
business day of the seventh (7th) Quarter alter the Opening Date.
2.4 TrtAFF-tt; INtP CTS AND 0TiiEtt R►CUT O WAY Imr »zzOVz,M EYY CONTRIBt;'tt���
Ai "ri-,R OPt:toINGc In order to nitrate potential impacts which are attributable, in
whole or part, to the Project, which have not been identified as of the date of this
N/1011, the Tribe shall make aWort- recurring, cash contribution to the City of up to
a rnaNimuun of four hundred fifty thousand dollars ($450,000) to be used by the
City; on err, as heeded basis, to si-naliz_e or improve rights of way=, flan for or
construct rights of way. or to otherwise mitigate traffic impacts of the Project
( "Ti °aff5c Improvements"). Any Traffic .Improvement shall be inutually agreed
upon by the City, and the Tribe prior to the Tribe slaking any cash contribution.
hollowing agreement by the parties on the actual Traffic Iniprov1,ements, the
above- - referenced contribution shall be made, by the Tribe on the first business day,
of the next Quarter following a written request for such a contribution by the City
to the Tribe,
2.5 t�r �i7E� C Prvtrc. In order to mitigate HOME PARK CtNT IBUt
potential inrrpacts of the Project on the Rancho Verde Mobile Home Park, the
Tribe shall make a non - recurring cash contribution to the City of up to a
maximum of seven hundred thousand dollars ($700,000) to enable the City to
implement measurVs, tivhich are inutually agreed upon by the City and the Tribe to
mitigate the prcexistitrg storm water flooding problem at Rancho Verde and the
Martin avenue area and to mitigate any significant noise impacts at Rancho
Verde identified in the EIS acrd /or Record of Decision (` Storrnivaier
Measures"), It is understood that certain Stormwater 'N/lcasures have already,
been constructed in the Martin Avenue business park area, including installation
of check valves on existing storm drain outlets, construction of a portable pump
station, and iristallat.ion of a bypass pipeline, at a cost of one hundred eighty
thousand dollars ($180,000). In the event additional Stormwat.cr Measures have
been agreed to by the City and the Tribe, the contribution which shall not exceed
five hundred twenty thousand dollars ($520,000) shall be made- by the Tribe on
the first business clay of the next Quarter- following a written request for such
contribution by the City (o the Tribea which request: shall not be made prior to the
Opening Date.
3. RECURRING NIHIGATION CONTRIBI-ITIONS
3.1 LAW ENFORCF.ALE.NT RECURRING CONTRIBUTION. J�oflowing the Opening Date,
the Tribe shall make a recurring casli contribution to the City of five hundred
thousand dollars ($500,,000) per annuiri for Special Enforcen-lent Activities to
mitigate the ongoing 'i
oing impacts of the Project on public safety in the City. The
above-referenced contribution shall be made by the Tribe in four (4) successive
equal, quarterly installments commencing on the first business day of the third
(3rd) Quarter after the Opening Date and on the first business day of every
Quarter thereafter.
3 2
- PROBLEM GAMBLIN(; RkcuRRING CONTRIBUTION. Following the Opening
Date, the Tribe shall make a recurring cash contribution to the City of one
hundred twenty five thousand dollars ($125,000) per annum to mitigate the social
impacts of the Prox'ect on the City. The City shall grant such Payment to an
organization dedicated to the treatment and preventio.n of problem gambling or
pathological gambling disorders. The recipient organization shall he determined
by the City, with approval by the Tribe, which approval shall not be unreasonably
withheld. The above - referenced contribution shall be made by the 'Tribe in four
(4) successive, equal, quarterly iristallnients commencing on the first business day
of` the third Ord) Quarter after the Opening Date and on the first business day of
every Quarter thereafter.
3.3 WATERWAY RizCURRING CONTRIBUTION. Following the Opening Date, the
Tribe shnIl make a recurring cash contribution to the City of fifty thousand dollars
($50,000) per annum to be used solely to address storm water drainage matters to
mitigate potential impacts of the Pro' water drainage. The above
Oil storm
referenced contribution shall be made by the Tribe in four (4) successive, equal,,
quarterly installments commencing on the first business day of the third (3rd)
Quarter after the Opening Date and on the first business day of every Quarter
thereafter.
3.4 SLII PJ.,.FMt!,NTAI.,.IZECLJIZRINCxCONTRI13tJ'I'IONS,
3.4.1 SUPPLEMEATAL Ry!cURRING CONTRIBUTION. Following the Opening
Date, the Tribe shall inake a recurrinv, cash contribution to the City of" five
million dollars ($5,000,000) per annum to mitigate potential impacts ofthe
Project on the City. The above-reffferlMl contribution shall. be niade by
the Tribe in. four (4) Successive, equal, quarterly installments commencing
on the FIrSt business day of tire, third (3rd) Quarter after the Opening Date
and on. the first business day of every Quarter thereafter. These payments
shall be paid From the Oratory Mitigation Fund which is expected to
include deposits made by the Tribe within thirty (30) days of the close of
the prior calendar quarter.
3.4,21 RycuRRING PUBLIC SERVICES CONTRIBUTION. Following the Opening
Date, the Tribe shall make a recurring cash contribution to the City of two
)AK v4 9
million three hundred sixty nine thoatsaud dollars ($2.360.000) per annum
to mitigate potential impact =s of the Project on City services. It is the
intent of the City to use, these, funds in part to provide (Or additional
stafFing levels to mitigate the potential impacts oil Public safety and/or
other City services. The above- referenced contribution shall be made by
the `1'rihe in four (4) successive, equal, quarterly installnncnts commencing
on the first business day of" the third (3rd) Quarr(er after the Opening Date
and on the first business day of every Quarter thereafter. These paynient s
shall be paid from the Clraton Mitigation Fund which is expected to
include deposits made by the Tribe within thirty (0) days of the close of
the prior calendar quarter.
4. COMMUNITY I.NVESTMENT RECURRING ING C,ON"1' t'113U (9N
To make investments in the R_ohnert Park schools, housing and general community and to
mitigate potential impacts of the Project on the R.ohnert Park schools, housing and
general community, f'rorn and after the Opening Date, surbiect to Section 523 of this
MOU, the Tribe shall real <.e investauents in and co.niribution.s to the Rolntert Park
cornn1urzity as follOWS:
4.1 SCIIOOL CONTRIBUTION. The Tribe shall rna ke a recurrino cash contribution to
the Cotati- Rohne.rt Park Unified School District of one million dollars
($1,000,000) per annum. The use and distribution of the funds shall be governed
by an crd hoc committee which shall meet at least annually and small consist of
two (2) members designated by the Tribe, two (2) nicnnbers designated by the
Cotati- Rohneri Park Unified School District and one (1) nlernber chosen by the
other four (4) members. The above - referenced contribution shall be rnade by the
Tribe in four (4) successive, equal, quarterly installments connnrenc.ing oil the first
business day of the third (3rd) Quarter after the Opening lute and on the first
business day of every Quarter thereafter. These payments shall be paid from the
Csraton Mitigation Fund which is expected to include; deposits made by the "bribe
within thirty (30) days of the close of the prior calendar quarter.
=t.2 CHARITABLE C'oiti "I'IdIi3UTIOMS,,
4.2.1 The Tribe shall make a recur-ring cash contribution of one million dollars
($1,(}00,000) per am w-ri to the Rohnert Park. Foundation, The above -
refererzced contribution shall be made by the Tribe in four successive,
equal, quarterly installments commencing on the first business day of the
third (3rd) Quaarter after the Opening Date and on the first business day of
every Quarter thereafter, These paynlerlts shall he paid bona the Graton
Mitigation Sound which is expected to include deposits made by the Tribe
within thirty (30) days of the close of the prior calendar quarter.
422 "The Tribe shall make a separate, recurring; cash contribution of one million
dollars ($1,000,000) per annuni to a charitable organization(s) or other -
organization(s) of its sole selection which enhances the City, Sonoma
State I iniversiLy, or otherwise mitigates the impacts of the I)rojea The
above - referenced co.m.ribution shall be made by the Tribe in four ( 4)
,successive, equal, quarterly Installments commencing oil the first business
day of the fifteenth (15th) Quarter after the Opening Date and on the first
Inkiness day Of every Quarter thereafter, The Tribe shall provide the City
with written notice of its payrrient, to the orgallization(s) of its choice
w] 11) 1 n Ii I'l een ( 15 ) calendar days of such payment, Thesle payments shall
be paid from the Graton Mitigation Fund which is expected to include
deposits made by the Tribe within thirty (30) days of the close of the prior
calendar quarter.
43 COMMUNITY CONTRIBUTION. The 'Fribe shall make a recurring cash
n
contribution to the City Of one million dollars ($1 ,00( ?1,000) per annum to be used
for neighborhood Upgrade or workforce housing programs. The City alone shall
have the authority to detern-rine the use and distribution of these funds. The
above - referenced contribution shall be inade by the Tribe in four (4) successive,
equal, quarterly installments commencing on the first business day of the third
(3rd) Quarter after the Opening Date and on the first business day of every
Quarter thereafter. "I'liese payments shall be paid from the Graton Mitigation.
Fund which is expected to include deposits made by the "Tribe within thirty (30)
days of the close Of the prior calendar quarter,
5, PAYMENT TERMS
5.1 STATE GAMINc. A(.,.r(.'Y PAYMENTS.
5.1,1 I'lliS NIOU requires the Tribe to make the contributions to the City
specified in Sections 2.3 through Section 4 hereof as specified on the Due
Dates, Which are attached hereto as Exhibit A and incorporated herein by
this reference.. Within thirty (30) calendar days of the Opening Date, and
aruivallv thereafter in June of each year, the City shall prepare an annual
payment schedule indicating the contributions to be made within the four
Quarters of that year pursuant to this MOU ("Annual Payment
Schedule"). The forin of Annual Payment Schedule for 2014/2015 is
attached hereto as Exhibit B and shall be updated to incorporate CPI data.
The City shall SLIbInit the Annual Payment Schedule to the State Gaining
Agency each year after calculating the CJ'l ad.justments provided for in
Section 5,5.
5.1.2 The Compact obligates the fribe to make payments into the Graton
Mitigation Fund. The State Gaming Agency is then obligated to disperse
revenues from the Graton Mitigation Fund to the City according to the
terms of this MOU pursuant to Compact section 4.5.1. All remaining
funds in the Graton N41tigation Fund will then be dispersed first to the
COLtnty, and then to the Revenue Sharing Trust Fund and/or the Tribal
Nations Grant Fund according to the terms of the Compact.
OAK H4,1',21-1906-12")7 v4 11 1
5. 13 The Parties expect the State Gaming. Agency to make the pa.ments due to
file City pursuant to this MOU and the Compact on the Due Dates
reflected on l,Nh11bIt A. The State Gaming Agency will make the first
payment from the Graton Mitigation Fund following the end of the first
full Quarter after the Opening Date. The timing; of the payments in this
MOU have taken the above referenced expectation into account and the
Due Dates listed in Exhibit. are the latest dates upon which the City, is to
receive payments from the State Ganging Agency on beh�:llf of the Tribe,
5.1.4 In the event of insufficient revenues in the (,raton Mitigation Fund to
make all the contributions set forth in this MOU, and the payments set
forth in sections 3(a), 3(b), 3(d) and 3(e) of the County Agreement, the
State flaming Agency shall disperse funds from the Graton Mitigation
Fund in the following priority order, until exhausted; (1) the Guaranteed
Contributions to the City (defined in Section 5.2.1) shall be paid first, (ii)
the payments guaranteed to the County in sections 3(a), 3(b), 3(d), and
3(e) of the County Agreement shall be paid second, (iii) the contributions
to the City established 'in Section 4,1, 4.2 and 4.3 of this .TAOL in such
amounts as available for distribution on a pro rato basis shall be paid
third, (iv) the payments to the County established in sections 3(c), 3(0,
3(g), 3(h), 3(1) and 30) of the County Agreement shall be paid fourth, (v)
the payments established in section 5(e) of the County Agreement
regarding reimbursements shall be paid fifth, (vi) two hundred fifty
thousand dollars ($250,000) of the quarterly payment for community
benefits set forth in 4(a) of the County .Agreement shall be paid sixth, (vii)
the contributions established in Section 5.3 of this MOU regarding
reiMbUrsenients shall be paid seventh, and (viii) any other payments due
out of the Graton Mitigation hund shall be paid eighth.
5.2 (:1ttAtaANT11 -t D CttNTt IBUrIONS 13v THE I'llIBE.
5.2.1 The Parties agree that certain contributions under this MOU are of such
importance to the mitigation of the P'roject's impacts that the City strould
have a guarantee that those contributions will be made, regardless of the
availability of funds in the Graton Mitigation Fund. Accordingty, in the
event that the State Gaining Agency fails to timely disperse to the City any
payment referenced in Sections 2.3 through and including Section 2.5, and
Section 3 (including all subdivisions thereof); by the Due Dates, then,
within ten (10) days following the Due Dates, the Tribe shall make all of
[lie payments due under Sections 2.3 through and including Section 2.5
and Sections 3 of this MOLT to the City ( "Guarani:eed C anti -ibut ions ").
522 The contributions under Sections 2. 1 and 12 are not addressed hereunder
because they must be paid by the Tribe prior to the Opening Date; so these
payments are not contingent on the availability of fiends in the Graton
Mitigation fund.
OAK •4821 -1906 -1267 v4 12
5.2.3 The contributions under Section 4.1, 4.2) and 4.' are not addressed
hereunder because the Parties do not intend for those contributions to he
guaranteed by the Tribe in the event that the State darning Agency lacks
the funds in the Grattan Mitigation Fund to make the contributions.
Payments required under Section 4.1, 4.2 and 4.3 shall be made if
sufficient funds are mailable,. as established in Section 5.1.4.
5.3 REIMBURSEMENTS.
53. 1 REIMBURSEMENTS OF CONTRIBUTIONS MADI BY Tiu, TRiBE To TI*,
CI` Y. The City agrees to use its best efforts, to the extent such action is
authorized by law or statute, to re(lLiest reirnbursement of contributi oils
previously made by the Tribe as described below from the State Gaining
Agency. In the event the City receives any reirriburscinent frorn the State
Gaining Agency for contributions previously made by the Tribe as
described below, the City shall reimburse the Tribe any paynicnts t1le City
receives from the State Gaining Agency which are specifically delineated
for purposes of reimbursing the Tribe ("Reim b u rs en) ents"). The City
shall make such ReinibUrSernent,s available to the Tribe within thirty (30)
calendar clays of receipt thereof. However, in no event shall the City be
liable to the Tribe to make any payinent of RCi1nbUrSCrnCutS unless the
City has received said Reimbursements from the State Gaming Agency.
In the event the City does not receive Reimbursements frorn the State
Gaining Agency for the specific purpose of reimbursing the Tribe, the City
shall incur no liability and the Tribe agrees not to initiate any litigation or
bring any other claims against the City regarding the same, The
Reimbursements which the City will seek pursuant to this Section 5.3.1
are as follows:
A. REiMBURSEMENT oi,, GUARANTEED CONTRIBUTIONS. To
reimburse the Tribe for mitigation payments previously made by the Tribe
as Guaranteed Contributions, the City shall reimburse the Tribe any
Guaranteed Contributions the City receives from the State Gaming
Agency,
13. RE)MBURSEMENT FOR Wn—t,um) AvENUE, IMPROWMNUS. The
Parties acknowledoc and agree that the Tribe has and will incur significallt
costs for road improverrients to Wilfred AVC11LIc and Business Park Drive
pursuant to the Wilfred Avenue JEPA and that funds paid by the Tribe
into the Graton Miticyation Fund are intended to pay for such off-
reservation mitigation costs. Accordingly, to reimburse the Tribe for the
payments for improvements to Wilfred Avenue and Business Park Drive
made pursuant to the Wilfred Avenue JFPA ("Wilfred Improvement
RefinburserneDt"), the City shall reimburse the Tribe any Wilfred
Improvements Rei in burs ernent the City receives from the State Gaining
Agency,
OAK t,'482 I - i Qf)'6,-J267 v4 13
C. Ri-. mBtittsrME T FOR ' EVIL FRED ANIENt:t MAIN t ENANCIT. To
reimburse the 'l`ribe. for the payments to the City which mitigate the costs
associated with thc maintenance of Wilfred Avenue which costs are
initially two hundred eighty eight thousand two hundred fourteen dollars
'V88,? -14) Per amiurri and are required to he made pursuant to Section
6.62 of the Wilfred Avenue 1EPA (" 'iffred Maintenance
Reimbursement"), the City shall reimburse the Tribe. arry Wilfred
Maintenance Reimbursement the City receives from the State Gaming
Agency,
U Rt.tMBUULSt'IIENT FOR )I;vt LOI't EN,j, lI E,L,, CONTRIBUTION
PRIOR TO OPENING. To reirnburse the Tribe for the rio n- recurring cash
contribution of two million six hundred sixty- four thousand dollars
(`j;2,664,,000) in lice of'development and related fees to mitigate the impact
of the .Project on City staff and curer resources as set forth in Section 2. 1,
of this MOU ("Development Fee Contribution "), the City shall
reimburse the 'fribe any Development F'ee Contribution the City .receives
From the State Gaining Agency.
1?. l? EUVIBURSt,,Vtti NT FOR SPE 'IAA FNF()ttc;t <,n EN,r Aurjvrrut s
C't3`'I'Iaii3UTION. To reimburse the Tribe for the non recurring cash
contribution for contributions made to mitigate impacts on law
enforcement activities as set forth in Section 2.2 of this MOU paid by the
Tribe, prior to the Opening Date ( "'SEA Reimbursement ") the City shall
reimburse the Tribe any SEA Reimbursement the City receives frorn the
State; :laming, Agency.
5.4 DEDUCT IONS FOR ADVANCE PAYMENTS. The City shall deduct the amount of the
contributions which the Tribe made to the NEE' referenced in subsection 3(d) of
the Original NIOU (" NE ' Payments ") less amounts Maid by the City for
mitigation which the 'l'ribe agreed to pay pursuant to the Original MOU, including
storm water improvernents to Martin Avenue, installation of an on- demand traffic
signal .fr_�r the .anclro Verde Tvlobile Norne Park, and relocation of the repeater
systern fitrrrz the former Cusher's Stadium to the existing public safety building
("City, Mitigation Payments "), It is agreed that the 1\11"T Payments minas the
City Mitigation Payments equals two million four hundred nine thousand seven
hundred forty five d- ollars ($2,409,745) ( "Deduction Amount"). The Deduction
Amount shall be deducted from the contributions due to the City under Section
,1.2.1 of this 1MOU in twelve. (12) equal, successive quarterly installments
commencing on the first business day of the third ('rd) Quarter after the Opening
Date and continuing on the first business day of the next eleven (11) Quarters
thereafter. In the event that there are insufficient payments made from the Graton
Mitigation 1 and to the City under Section 4.2.1 from which to deduct the above -
described amounts, the remainder shall be deducted from each successive Quarter,
until satisfied. In no event shall the City be obligated to take deductions fronl
other payments made under- this MOU.
c>AKfiX82" '900) 1167 v. 14
5.5 C:P 1�DJUS'1��,�1iEN All recurring contributions and deductions described in this
-IOU shall be increased annually by the CPI d'justment:, which shall be cffective
on Jcdy I o(� cacti year follow I n_ the Opening Date. For the purposes of this
IIViOLI. the April to April index shall be effective. to July 1st.
5,6 CoN'i INGE'NT PAY ENTS. Notwithstanding any other provision of this MOU, the
Parties acknowledge and agree that: except for the non- recurring payments to
conlnaence prior to the Opening Date as set forth in Sections 2.1 and 2.2 of this
MOU, the Tribe's mitigation contributions shall be contingent upon the
occurrence of the Opening Date and the continuation thereafter of' Gaming
Activities. In the event the Opening Date does not oecur� for any reason,
mitigation payments payable of cr the Opening l::yrate shall not be due.
5.7 PuBt,ic M- nuI3UTION. The City shall generally identify and publicly attribute
mitigation measures and community investments and projcc.ts funded and
supported by the Tribe, .including, but not limited to, in the City budget process.
6. ADDITIONAL, TRIBAL COVENANTS AND ACKNOWLEDGMENTS
6J BuI DING AND SAFETY CODES. The Parties acknowledge; and agree that the
Gaming Facility is subject to the California Building Code and the California
Public Safety Code applicable to the County, as set forth in Titles 19 and 24 of the
California Code of Regulations, and, pursuant to the Compact, is subject to plan
checks, building inspections, and annual certification that the Gaining Facility is
operated in conformity with the applicable codes.
6.2 FiRE AND t +.MM�Gm(Y SERVICES. The Parties acknowledge and agree that the
Ganging Facility is subject to Title 19 of the California Code of Regulations, the
California Building Code, and the California Public Safety Code applicable to
similar facilities in the County, and that the Compact requires that the Gaming
Facility, as set forth in Titles 19 and 24 of the California Ci;ode. of' Regulations,
and, pursuant to the Compact, is subject to regular inspections to ensure that the
Gaming Facility rne.ets a reasonable standard of fire safety and life safety.
63 LAW ;NFt3tzCEMENTz To further mitigate potential impacts of the Project oil law
enforcement resources. the Tribe shall:
6.11 adop`,, rules prohibiting anyone under 21 years of age from gambling;
6.12 adopt employee training programs and policies relating to responsible
alcoholic beverage: services;
63.3 conduct background checks of all gaining employees;
6.3.4 provide a full conaplerrrent of security personnel at the Project at all tizzies;
and
C,lit l- INN I - i. 9f 6 -126-, v4 1. C
6, 15 adopt prograiris and policies which discourage gang members ftorn
visiting the Gaming Facility.
6.4 EMERGEACY MEA)ICAL SERVICES. To mitigate potential impacts of the Project
on City emergency medical services, file Tribe shall provide (1) ernerocney
niedical tr4alnlno 0 to certain members of its security staff. anti (ii) emergency.
medical equipment, including defibrillators, at the G airing Facility.
6.5 SOLID WASTE DISPOSAL. To mitigate potential impacts of the Project oil solid
waste disposal resources, the Tribe shall, to the extent determined by the Tribe to
be feasible anal commercially reasonable, implement siu-1c stream recycling and
green waste diversion,
6.6 STORM WATER. RAINA(3F. To mitigate potential impacts of the Project oil storm
water drainage resources. the Tribe shall obtain a National Pollution. Discharge
Elitnination System permit from the United States Divirournemal Protection
Agency ifrequired by the federal Clean Water Act,
63 EmPLOYEE REC.RUITME.NT. To mitigate potential impacts of the Project on local
work forces, the Pat-ties acknowledge that the Pro j
' Project is subject to (1) a Project
Labor Agreement with the Sonoma, Lake, TvIendocirto County Building &
Construction Trades Council, and (1i) a Neutrality and Card Check Agreement
with LINITI.-I, HER.13. The Tribe shall implement a hiring preference 1'01• Native
Americans and for City residents subject to Collective bar"aluing agreements and
federal employnaent laws and regulations.
6.8 RANCHO V.E�RDE, MOBILE HOME PAIZK To mitigate potential impacts of the
Pro , ject oil the Rancho Verde Mobile Horne Park, the Tribe shall not purchase the
Rancho Verde Mobile Home Park for a period of twenty (90) years from the date
of the Original MOU:,
6.9 No GOLJ�' Couitst'. 'To mitigate potential impacts of" the Project on City golf
courses, the Tribe shall not construct a golf course oil the Reservation until the
earlier ot' (i) twenty (20) years from the effective date; of this MOU, or (ii) the
date on which the aggregate number of rounds of golf played on courses existing
in the City on the effective date of this INIOU exceeds 150,000 rounds in any
given calendar year.
T TERM AND TERMINATION
7.1 E11ILCTIVE DATE, This MOU shall not become effective unless and until the
following events have occurred:
7.1 . I This MO( has been approved, by the City Council of the City, approved as
to form by legal counsel for the City and executed and delivered by the
City; and
7.1.2 This -MOL); has been approved by the Tribal Council and the Gelicral
Council of the Tribe, approved as to form by outside legal counsel to the
Tribe, and executed and delivered by the '1'ribe.
7.2 ExPIRATION DATE. Once effective, this MOU shall be in fill force and effect
until the later of W, December 31, 2033, or (ii) the date the Compact or any
extension thereof expires or is terminated ("Expiration xpiration late "). Notwithstanding
the foregoing, this MOU shal1 be automatically extended for any period that
Garning Activities continue to be operated on the Reservation and the terms
(including the Tribe's obligation to make all payments due pursuant to this Tv40U)
shall be in fill force and effect until the .Parties meet, confer and renegotiate new
terms of a memorandum of understanding as provided for in Section 7.3 hereof.
Based oil the foregoing, the terms of this Amended MOU shall expire when the
parties successfully renegotiate and adopt a new memorandum of understanding,
thereby superseding this Amended MOU,
7.3 MOU RENEGOTIATIONS. If the Tribe enters into a new tribal -state gaining
compact ("New Gaming Compact "), extends the term of the Compact
( "ConpatExtension greexrr.r1 "l in the Expiration Date occurs, commencing
.not later than ninety (90) clays following the Legislature's adoption of the New
Gaining Compact, the L,egislaturc's adoption of a Compact Extension Agreement,
or the Expiration Date, the Parties shall. meet, confer and renegotiate with respect
to the provisions of this :MOU that provide for mitigation and community benefit
payments made by the Tribe under this MOU ("Compact Extension
Renegotiations "). if the Parties are unable to agree upon the dollar amounts
necessary to maintain substantial mitigation of impacts and a comparable level of
conanaunity investments within one hundred and eighty (180) clays of
commencing Compact ,Extension Re.negotiatioils, the Parties may trigger the
procedures for dispute resolution contained in Section 11 and, if unable to reach
agreement, an arbitrator shall determine in a Day Baseball Style Arbitration the
amount necessary to retain substantially the sarrre overall level of support for
mitigation and community benefits conternplated in this MOU.
/ A � +�F EC'r OF EXI�IRA'I'JON OR TF',RMtN.ATION. Upon the expiration, as provided for
in Section. 7.2, or termination, as provided for in Section 7.5, of this MOU, the
provisions of this M.OIJ shall be of no further force and effect and none of the
provisions of this MOi.t shall survive such expiration or termination, provided,
however, that the 'bribe shall make contributions pursuant to the terms of this
MOU which became due and payable prior to any expiration date; and provided,
further, that, if this M.GI1 terminates for reasons unrelated to a default by the City,
the Tribe shall make any contributions pursuant to the terms of this MOU which
became due and payable prior to such termination date.
7.5 TERMINATION. Unless otherwise agreed by the Parties, this MOU shall
automatically terminate in the event, and on the date, that the Tribe: (i)
permanently ceases development and construction of the Project without having
commenced Gaming Activities, or (ii) permanently ceases the operation of all
OAK '44821-1906-1267 vii 17
Gann up Activities on the Reservation and the provisions of Section 8.1 do not
apply.
8. SUSPENSION SIO EVENT'S
8.1 If, clue to force Majeure (as hereinafter defined), an act of Clod, valid business
consideratiol s or any other reason, 5�1% of all Gaming Activities previously
conducted by tare Tribe on the Reservation are suspended or ternninated for a
period of at least three (3) months, file `bribe's obligations to make annual
financial contributions pursuant to Sections 2 through 4 of this MOIJI shall be
suspended in the same man-ner as authorized under the Compact tlntil such time as
the Gaining Activities are resLimed. The period of obligations under this MOI
shall be extended for the time of the suspension. For the purposes of this section,
the term "Force Ma icure" shall include, without limitation, the following
circunnstarnces that result in a. suspension of 51% of all Cunning Activities
previously conducted by the Trine on the Reservation: earthquake; Food; fire.;
other- natural disasters- chatnges in law. regulation or governmental policy, riots.
war; or terrorists. clothing in this section shall impact the `bribe's liability for
financial contributions which became due and payable priors- to the (late such
Clanning Activities were suspended or ternninated. When a Force Majeure event
occurs, the Tribe shall provide written notice within seventy -two (72) fours of the
event: that perfor.onanee of .its obligations is prevented or delayed, and within
seventy -two (72) hours after Cramming Activities are resumed.
9, RENEGOTIATION I"ROVISION
9.2.1 REIN :G0TJA' J0N EVENTS. The City or the "Tribe may reg0est that the
other party renegotiate one or more of the provisions of this N1OU; if there
is a change in law, facts, or other unforeseen cir-cumstal.nces that
fundamentally changes the City's or "I:'ribe`s financial assumptions made
in entering into this MM ("Fundamental Changes Renegotiations").
Such Fundamental Changes shall be deersed to imclude, without
lirinitation, a significant adverse impact on either the City or Tribe as
follows:
(i) the existence of a significant adverse impact of the Project on the
City whose extent of impact was not specifically addressed ill tine
EIS or was not anticipated by the City;
(ii) any change ending the prohibition on Class III gaming (as defined
in ICrRA) or the operation of Earning Devices by non- Indians in
California that substantially affects the Project's financial
projections and actual revenues by at least 25 1YO; and
(iii) a substantial reduction in the scope of all CTamI ng Activities
permitted on the Reservation, whether pursuarnt to a change in
0MK 10K 1 -19, 6-1 M7 v= is
federal., state or local constitutions, lMNs, rules Or regUlations, or
amendrue.nt of the Coll] [),let,
9,2 FUNDAWNTAL (-'HANGES RENEGOTIATION PROC'EnUREs. All requests to enter
into Fundamental Changes R enegotiatio.ns shall be by written notice and shall
include- reference to the provisions of this M0(J . to be renegotiated. Upon receipt
of such notice, the Parties shall attempt to rencgoliate this MOU in good faith.
he Parties shall cunt t° promptly and determine a Schedule for commencing
negotiations within fifteen (15) days of the notice. l :ach Party is hereby
authorized to designate the person responsible for conducting the negotiations,
and shall execute any documents necessary, to conhrin such authorization. The
purpose ofthe negotiations will be to attempt to renegotiate the provisions of this
-MOt_l in good faith so that the Parties retain substantially the same rights, levels
of mitigation, and community benefits conternplated as of the date of this MOU.
If, the Parties are unable to agree upon the dollar amounts necessary to maintain
substantial mitigation of impacts and a comparable level of community
investments within one hundred and eighty (180) days of commencing
Fundamental Changes Renegotiations, the Parties naav trigger the dispute
resolut=ion provisions contained in Section 11.
10. SEVERAIIII,II
10.1 Notwithstanding any provision of California law to the contrary, if any provision
of this MOU is held to be illegal, invalid; or unenforceable under present or fixture
laws; such provision shall be fully severable, this MOU shall be construed and
enforced as if such void, illegal, invalid, or unenforceable provision had never
comprised a past of this MOU, and the remaining provisions of this MOU small
remain in full force and effect and shall not be affected by the void, illegal,
invalid, or unenforceable provision or by its severance frotn this M.OLJ. Similarly,
notwithstanding any provision of California, Federal o.r Tribal law to the contrary,
if am, provision of this NIOU1 requires the City, Tribe, or any other Public Entity
to tal=e arty action which has not been taken in connection with the approval of
this M01_' or otherwise, or subjects this N/10(i to the referendum or initiative
process under California law, this NIOU shall be construed and. enforced as if such
provision had never comprised a hart of this MOU, and the remaining provisions
of this MOU shall remain in frill force and effect and shall not be affected by the
applicable provision or by its severance from this MOU. In the event that the
entire MOU is declared void, illegal, invalid, unenforceable or unauthorized, the
Parties shall enter into good faith negotiations to negotiate a. new agreement that
maintains the expectation of each Party in entering into this MMLJ. If any of the
events referenced in this section occurs., the Parties shall endeavor in good faith
negotiations to replace the applicable provision or provisions with a substitute
provision, the economic and other effects of which conies as close as possible to
that of the provision which has been severed. Such negotiations shall be
conducted pursuant to the provisions of section 9(b) of this MOU.
OAK #4821 -19(76 -1267 v4 19
11. DISPUTE RES01,1110N PROVISIONS
IlA DISPLM RESOLUTION. In an effort to Foster good gove.i'liiiaeii'L-t(�-govei,nii.aciit
relationships and to assure that. the Tribe is not unreasonably prevented fi-on)
engaging in gaming and other commercial activities on the Reservation, and the
City is able to insure that the off-reservation impacts of the Pro ' ject are fully
mitigated. the Parties agree to the dispute resolution procedures set forth in this
section.
11.2 WET AND CONIFER. 'FI1C Parties shall make their best efforts to resolve claims
, art 4D
sinu under this MOU by good faith negotiations whenever possible. Any such
disputes between the Parties shall first be subjected to a process of meeting and
conferring in good faith In order to foster a spirit of cooperation in the
implementation of the terms of this MOU as Rollows:
11.2.1 A Party shall give the other Party, as soon as possible after the event
giving rise to the dispute, written notice setting forth, with specificity, the
claims of breach of this MOU.
1.1.2.2 The Parties shall. meet and confer in a good faith attempt to resolve such
dispute through negotiation not later than 10 days after the receipt of
notice,, utfless the Parties agree in writing to an extension of time.
11.3 MEDIATION Oil OTHER Dism,rc, RusoLUTION. If such dispute is not resolved to
the satisfaction of the Parties, the Pat-ties may, by mutual agreement, pursue
mediation or any other method of dispute resolution; provided, however, that no
Party, is under an obligation to agree to such mediation or other rnethod of dispute
resolution.
11 A BINDIM; ARBITRATION. If Such dispute is not resolved to the satisfaction of the
Parties within thirty (30) calendar days after either the first meeting or after any
other dispute resolution under section 113, or such other extended period as the
Parties may agree in writing, then the Parties rnay seek to have the dispute
resolved by binding arbitration in accordance with the following procedures-.
11.4.1 Upon the request of a Party in writing, the dispute shall. be submitted to
binding arbitration in accordance with this section.
11.4.2 The disputes to be submitted to arbitration shall be limited to claims
arising under this MOU, and which were subject to the meet and confer' in
section I I (b) of this MOU,
11.4.3 In the event there is any dispute as to whether a matter is subject to the
arbitration provisions of this MOU, or any dispute concerning the scope of
the matter or matters to be arbitrated, the disagreeineril as to whether the
dispute IS Subject to the arbitration provisions of this I'VIOU or the scope of
such arbitration shall be submitted to the arbitrator referenced in
subsection (iv) of this section.
C)AIK 44,821-1906-1207 v4 -)o
11.4.4 The arbitration shall be conducted before a single arbitrator in accordance
with the JAMS Streanrlined Arbitration Rules (or such other streamlined
arbitration rules as the Parties may agree), as modified b y the provisions
of this M011.
11.4.5 The arbitrator shall be selected by the Parties. If at such brae the Parties
are unable to agree; upon the selection of a single arbitrator, then each
Party shall name one arbitrator and the t.rwo arbitrators thus selected shall
select a third arbitrator who shall be a retired California. Superior Court or
1lnited States District Court. judge; provided, however, if either Patty fails
to select an arbitrator within fourteen (14) clays of delivery of the request
for arbitration, then the arbitrator selected by tl.ic other Party shall conduct
the arbitration.
11.4.£ The arbitration shall take place in Sonoma County or another location
mutually agreed upon by the Parties.
11.4.7 The provisions of Section 1283.05 of the California Code of Civil
Procedure shall apply; provided that no r iscovejc y authorized by that
section rrt.ay be conducted without leave of the arbitrator,
11 .4,8 Each side shall bear its own costs, attorneys' fees, and one -half the costs
and expenses of the arbitrator.
11.4.9 The decision of the arbitrator should be made within thirty (30) days of the
arbitration. The decision shall be in writing and shall give reasons for the
decision.
11.5 DAMAGES.,. The Parties agree that any monetary damages awarded or arising,
under this MOU shall be exclusively limited to actual direct damages incurred
based on obligations contained in this MOU that have been derraonstrated with
substantial ccrta'nty and which do not, in any event; exceed the total arnount of
the annual financial contributions which the Tribe is required to make to the City
under the MOU, In no instance shall the Parties to this NVIOU. be entitled to
special, incidental, indirect, consequential or punitive damages, lost profits or
attorney's fees. The _Parties agree .not to assert any claim for damages, injunctive,
or, other relief which is not consistent with the provisions of this
11.6 C "ONFIRAIA° ION m AWARE)s< Any Party to an arbitration in which all award has
been made pursuant to this section may petition the Federal District Court for the
Northern District of California or, if such Court declines jurisdiction, the State
Superior COUrt for Sonoma County or any other court of competent jurisdiction to
confirm the award, including any appellate proceedings. The Parties expressly.
consent to the jurisdiction of sue h C'our °ta for the puiposc of confirmation of' such
an sward. An award shall he confirmed, provided that:
11.6, 1, 1 'he award is linaite.d to the purposes of arbitration stated in this section.
OAK P4821- 1906 -1" 67 vd 21
1 1.6.2 No person or entity other than the Parties is a party to the ac.tiorr; unless
failure to join a third party would deprive the cocoa of jurisdiction;
provided, however, that nothing herein shell be corTStrUed io Constitute a
waiver o:f the sovereign ,immunity of the Parties in respect to any such
third party.
11.63 if an award is confirmed, iuciprnent shall be entered in conformity with the
award. The Judgment so entered has the sari ; force and effect as, and is
suhjJect to all the provisions of law relating to. a,ludgnlent in a civil action,
and may be enforced life any other judgment of the court in which it is
entered.
11.7 INTERVENTION. nothing in this rMOU shall he construed to constitute a waiver of
the sovereign immunity of the `1 gibe or the City with respect to intervention by
any additional party not deemed an indispensable party to the proceeding.
11.8 CONFIDENTIALITY. Unless otherwise agreed by the Parties.. any dispute
resolution meetings or communications, or inediation, shall be in the context of a
settlement: discussion. to potential litigation and remain confidential to the extent
not prohibited by applicable law.
12. WMVER OF SOVEREIGN IMMUNITY
12.1 Pursuant to General Council Resolution , and subject to the
provisions of this section, the Tribe; expressly and ir7•evocably waives sovereign
immunity {and any defenses based thereon) in thvor oil'the City, but not as to any
other- person or entity, as to any dispute- which specifically arises under this MOU
and not as Lo any other action, natters or disputes. The: Tribe does not waive its
sovereign Immunity with respect to (1) actions by third parties, except for parties
acting on behalf of', under authorization from, or pursuant to a contract with, the
Tribe or City, or (ii) disputes between the Tribe and the City which do not
specifically arise under this MOU, The Tribe further agrees that exhaustion of
�rchrunistrative remedies, including before any tribal court, shall not be required
Prior to proceeding to arbitration or court action finder section 11,
13. REPRESENTATIONS AND WARRANTIES
1Nr['.IES
Each Party represents, warrants and covenants to to other Party as follows:
1 I AL''rHC RITY. Such Party has the legal power and authority to execute and deliver
this MOU and to perform its obligations under this M011_1
13.2 DUE , t rijolaiZATION. ]'he approval, execution, and deli.vc.ry of this M.OU., and
waiver of sovereign immunity, and the performance by such Party Of its
obligations under this MOU, have been authorized by all requisite actions of such
Party.
OAK 44821 1906-1267 v_! 22
13.3 Dui, EXECUTION AND DELIVERY. The persons executing this MOU on behalf' of
such Party are duly authorized to execute and deliver this MO 7 on behalf of' such
Party.
13.4 ENFORCEABILITY. This i�� OU constitutes the legal, valid and binding obligation
of such Party, enforceable against such Party in accordance with its terms, and,
once executed and delivered, cannot be invalidated pursuant to airy subsequent
action of the City Council of the City or the Tribal Council or General Council of
the Tribe, as applicable
13.5 No C'C)NYL.IC;T. The approval, execution, delivery and performance of this NMOI.1
does not conflict with any other agreement to which sneh Party is a party and does
not violate or require any action which has not been taken under any law, statute,
ru,te, regulation, ordinance, general plan, tribal law, specific plan or court order or
decree applicable to such Party.
13.6 WAIvEtts. A waiver of any breach of any provision of this MOU shall not
constitute or operate as a waiver of any other breach ot'such provision or of any
other provisions, nor shall any failure to enforce any provision operate as a waiver
of such provision or of any other provisions.
14. G ,NEILUI, PROVISIONS
14.1 No SUBMISSION TO JURISDICTION. The Parties acknowledge and agree that this
MOU; excc;pt as otherwise specified, is not intended to constitute, and shall not be
construed as constituting, a submission by the Tribe to the ,jurisdiction of (i) the
City or any or any of its subdivisions, departments or courts, (ii) ally of its CSI• their
respective officials, employees, inspectors or contractors, or (iii) any of its or their
respective laves, rides, regulations, ordinances, general plans or specific plans.
1.4,2 THIRD PARTY MATTERS. This MO1J is not intended to, and shall not be
construed to, create any right on the part of any third party to bring any action or
otherwise enforce any of its terms.
14.3 INM"J NIFIC ATION. 'file Tribe agrees to indernnify, defend and hold harmless the
City (with counsel reasonably acceptable to the City) frog and against any and all
claims, losses, proceedings, daniages, causes of action, liability, costs and
expenses (includi.na its reasonable attorneys' fees) arising from any action or
proceeding filed against the City which challenges the City'; approval, execution
or delivery of this SIC: U
14.4 No "I`I{ E. all notices required by this M.OU shall be deemed to have been given
when made in writing and delivered or mailed to the respective Parties and their
representatives at their respective, addresses as set forth below or such other
addresses as they may provide to tyre other Party froni time to time:
For the City:
City of Rohncd. Park
130 Avrain Avenue
Rohnert Park, Calilormia 949218
Attra: City Mamiger
Telephone: (707) 588 - 2226
Facsimile: (707) 792 -1876
With copies to:
For the 'bribe:
Burke, Williams & Sorensen, 1_:I,P
1901 Harrison Street, :quite 900
Oakland. CA 04612
Attn: Michelle Mrarchettra Kenvon
Telephone: (510,)/"73-8780
Facsimile: (510) 839 -0104
Federated Indians of Grato.n l.Zancheria
6400 Redwood Drive, Suite 300
Rohnert. Park, CAA. 94928
Attn: Chairperson
Telephone: (1707) 566 -2288
Fax: (707) 566 -2291
With copies to:
Maier Pfeffer Kizn & Geary,
1440 Broadway, Suite 812
Oakland, Cad 94612 -
Attn: John 1ir of', either Party based
oil the preparation or ricootiatio.11 of this MOU oi- arty ainetidment to !.his MOUI
The headings contained in this MOU are for convenience of reference only And
shall not effect this MOLIJ's construction or interprctatiol).
14.7 BINDIN(-, AGREPYIENT. This MOIJ is intended to be. and shall be construed to be,
binding upon the Parties and all successors and successors-In-Interest. of each
Party, Including all officers, agents and employees, and, In the case of the City,
future City Councils, and., in the case of the Tribe, future Tribal Councils Or
General Councils.
14.8 ENVIRONMENTAL REVIEW
14,81 Pursuant to the CE�Q.A Guidelines (Cal. Code Regs., tit]. 14, Section
15378, subd. (b)(4)), this IMOU does not constitute a "project" for CEQA
purposes because it involves the creation of a government funding
mechanism or other government fiscal activities, which do not involve any
commitment to any specific project Nv'hich rnay result hi a potentially
significant physical impact on the environment. 'Ehis MOU requires the
Tribe to make mitigation payments for identified mitigation measures and
programs; however, the City retains discretion to elect not to Implement
any or all of the specific mitigation TIIC`aSLlres and programs identified in
this MOU. Further this MOU does not obligate the City to undertake a
specified mitigation proorani or construction project nor does it set a time
for development.
14,82 The parties acknowledge and agree that this MOt-11 is not intended to be
and does not constitute a developillent agreement for the purposes of
Government Code section 65865. Nor does this MOU con-11-nit the City to
implement any public. iniproverneiit, or to take any action that may rCSLdt
in physical changes in the environment.
14.8.3 The Parties acknowledge that the EIS and/or Record ol'Decision evaluated
the lin.pacts of the Project and provided for the mitigation thereof.
14.8.4 The Parties acknowledge and agree that: (i) the Tribe is not a public
agency sub (ii) the Project Is not subject. to CEQ.A oi- to City
jcct to CEQA,
environmental review, design, land use or land development ordinances,
plans, manuals or standards; (iii) the City does not have legal authority to
deliberate on., approve, disapprove, or otherwise exercise Judgment
regarding the Project.; and (iv) the Civy, is trot deliberating on, approving,
disapproving or otherwise exercisin(, Judgment regarding the Project by
entering, this INIOU,
14.8.5 Govern meat Code § 1201156(b)(I)(C) is a statutory CEQA exemption
adopted with specific reference to this Pro , )cct and the mitigation of its off-
OAK x,182'-1906-1267 A 25
site irrlpaacts. That Section stages that in deferearc.e to tribal sovereigoty, the
execution of an intergovernmental agreenxent between a tribe and a county
or city goverilluent negotiated pursuant to the express authority of, or as
expressly referenced .in, the Compact shall not be deemed a project for
purposes of CEQA. This MOU is an inte.rgoverrunental agreement, made
pursuant to Sections,4A and 11.8.7 of the Cornpact, between the Tribe and
the City negotiated pursuant to the Compact and, therefore, execution of
this N,,IOJ T is i.ot subject to CEQA. Subsections (a)(1) -(4) and (c) of
Section 11 .8.7 of the. Compact require the Cite and the Tribe to enter into
enforceable intergovernmcntal agreements to tinnely mitigate, through
Compensation or other means, any significant effect of the Proiect oil the
environment, which were attributable in whole or in part to the Project.
By expressly declaring intergovernmental agreements made under the
Compact to not be a "project" for CEQA purposes, and by expressly
acknowledging the need for an intergovernmental agreement to mitigate
irnpac.ts ira the Compact, the Legislature expressly exempted mitigation
agreel7ents such as this MOU from compliance v -vith CEQA
14,8.6 To the extend that the City is required to comply with CF—. with respect
to any improvements, programs or activities identified in or related to this
MOL?, the City will comply with CEQA prior to approving or
hriplerneming such improvements, programs or activities, This MOU
does not restrict the City's discretion to evaluate the impacts of such
improvement,
programs or activities identi# - and adopt mitigation for
such in- pacts, consider and approve, alternatives designed to lessen such
impacts, or deny approvals necessary for such improvement, programs or
activities.
14 9 ANIF.NDMENTS. This MOU may be modified or amended only by mutual and
written agreement of-the Parties.
14.10 2EVIEw BY THE Dt,:.I'All rMi, NI' OF N'I'ERIO . The Tribe shall submit this MOU
to the United States Department of the interior for either. (a) approval pursuant to
25 L;.S.C. § 51 or (b) a written response that this N /IOL7 does not require. approval
under 25 U.S.C'. 81. The Tribe shall aand.erta.ke reasonable efforts, in
consultation with the City, to secure approval or written response. The City, at its
sole discretion, has they right to withdraw its support for the MOU if it is not
submitted to the Department of the lnterim:lr pursuant to this section within ten (10)
days following the Effective Date. iIf the Department of Interior determines that
portions of' this MOU violate 2.5 U.S.C. § M or are otherwise invalid, the
severability provisions set forth in section 1.0 of this MOU shall govern.
11-IIE 1ZL t AINDER Of- Tills P AGE 1S INTEN-FIONAL.LY L,Ef" f BLANK]
OAK rt4811- 19016 -126' v4 76
IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first set
forth above.
CI'fY OF ROHNERTPARK
Date: By:
Narne:
Its:
APPROVED BY CITY ATTORNEY FOR THE CITY:
Date: 2013 By: I . ........ . ...
Michelle Marchetta Kcnyon, Esq.
Burke, Williams & Sorensen, I,I.P
FEDERATED INDIANS OF GR-ATON RANCHERIA
Date: 2013 By:
Greg Sarris
Chairperson
APPROVED BY LEGAL COUNSEL FOIZTHE TRIBE:
Date: 2013 By: .... .....
John 1'1\4aier, Esq,
Maier Pfeffer Kim & Geary, LLP
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Exhibit B - SAMPLE
Rohnert Park /Graton Rancheria MOU
Annual Payment Schedule
CPI
April Prior April Current Adjustment
Year Yea r3 Factor Fiscal Year: July 1 to June 30
CPI Index Data :1,2 242.83 250.11 1.0300
Total Amount $ 2,636,994 $ 2,636,994 $ 2,636,994 $ 2,636,994
Notes:
1 CPI Adjustment is scheduled for implementation each July 1. Data from April to April will be used.
2 CPI Data is All Urban Consumers San Francisco- Oakland -San Jose Area, series ID CUURA422SA0.
3 CPI Index Value of 250.11 is used for illustration. Actual value will be input each year when data is available.
4 Non - recurring payments are not subject to CPI Adjustment.
5 All Recurring Payments and Deductions are subject to CPI Adjustment each year.
6 Quarter is Jan -Mar, Apr -June, July -Sept, Oct -Dec numbered sequentially beginning with the first full
quarter after gaming commences.
Summary:
State Gaming Agency shall deliver to Rohnert Park before
MOU
Due Date
1 -Jul -2014
1- Oct -2014
1- Jan -2015
1- Apr -2015
$ 2,636,994
Section
Quarter6
3rd Qtr
4th Qtr
5th Qtr
6th Qtr
a wire transfer in the amount of:
a
ao
2.3.1
Public Safety Building
U
2.3.2
Ladder Fire Truck
2.3.3
City Vehicles
E
0
2.4
Traffic Impacts
CL
z
2.5
Mobile Home Park
Q)
3.1
Law Enforcement
$ 128,750
$ 128,750
$ 128,750
$ 128,750
3.2
Problem Gambling
$ 32,188
$ 32,188
$ 32,188
$ 32,188
°
3.3
Waterway
$ 12,875
$ 12,875
$ 12,875
$ 12,875
m
c
3.4
Supplemental
$ 1,287,500
$ 1,287,500
$ 1,287,500
$ 1,287,500
>'
M
3.5
Public Services
$ 610,018
$ 610,018
$ 610,018
$ 610,018
a
Community (Neighborhood
c
U
4.3
& Housing)
$ 257,500
$ 257,500
$ 257,500
$ 257,500
4.1
School
$ 257,500
$ 257,500
$ 257,500
$ 257,500
v �
O E
�
4.2.1
Rohnert Park Foundation
$ 257,500
$ 257,500
$ 257,500
$ 257,500
CL
4.2.2
Tribe Charity
Deductions
1 5.4
Advance Payments
$ (206,836)
$ (206,836)
$ (206,836)
$ (206,836)
Total Amount $ 2,636,994 $ 2,636,994 $ 2,636,994 $ 2,636,994
Notes:
1 CPI Adjustment is scheduled for implementation each July 1. Data from April to April will be used.
2 CPI Data is All Urban Consumers San Francisco- Oakland -San Jose Area, series ID CUURA422SA0.
3 CPI Index Value of 250.11 is used for illustration. Actual value will be input each year when data is available.
4 Non - recurring payments are not subject to CPI Adjustment.
5 All Recurring Payments and Deductions are subject to CPI Adjustment each year.
6 Quarter is Jan -Mar, Apr -June, July -Sept, Oct -Dec numbered sequentially beginning with the first full
quarter after gaming commences.
Summary:
State Gaming Agency shall deliver to Rohnert Park before
1 -Jul -2014
a wire transfer in the amount of:
$ 2,636,994
State Gaming Agency shall deliver to Rohnert Park before
1 -Oct -2014
a wire transfer in the amount of:
$ 2,636,994
State Gaming Agency shall deliver to Rohnert Park before
1- Jan -2015
a wire transfer in the amount of:
$ 2,636,994
State Gaming Agency shall deliver to Rohnert Park before
1- Apr -2015
a wire transfer in the amount of:
$ 2,636,994
City of Rohnert Park Wire Transfer Instructions: Exchange Bank, Santa Rosa, CA
ABA 121101985
A/C 0081044042
FBO City of Rohnert Park