HomeMy WebLinkAboutA3361 - AGUA CALIENTE TRIBAL GAMING MOU MO5324 Agua Caliente Band of Cahuille
Indians - MOU - Establish
Tribal Gaming Enterprise
AGREEMENT #3361 A#327(:
M05324, 3-2-94
MEMORANDUM[ OF UNDERSTANDING
BETWEEN
AGUA CALIENTE BAND OF CAHUILLA INDIANS
AND
CITY AND REDEVELOPMENT AGENCY OF PALM SPRINGS
CONCERNING THE ESTABLISHMENT OF
A TRIBAL GAMING ENTERPRISE
R E C I T A L S O F F A C T
A. Since at least 1977, the Agua Caliente Band of Cahuilla
Indians, a federally-recognized sovereign Indian tribe (the
"Tribe" ) , and the City of Palm Springs (the "City" ) , a municipal
corporation and a political sub-division of the State of California
(the "State" ) , have made cooperative efforts to achieve the highest
and best use of Indian trust lands located within the City
consistent with principles of sound land use planning, and
generally to develop avenues of cooperation between the Tribal
Government and the City Government for the mutual benefit of
members of the Tribe and residents of the City.
B . The Redevelopment Agency (the "Agency") has been
established pursuant to the Community Redevelopment Law (Health and
Safety Code § 33000, et sea. ) to alleviate conditions of blight,
including physical obsolescence, deterioration and dilapidation;
economic dislocation and disuse; and a prevalence of depreciated
values , impaired investments and social and economic maladjustment
within defined project areas . The Agency has adopted the Tahquitz-
Andreas Project Area encompassing significant portions of the Palm
Springs downtown area. Pursuant to the Tahquitz-Andreas
Redevelopment Plan (the "Plan" ) , the Agency has the power to
acquire sites for redevelopment including by condemnation and the
power to dispose of such sites to redevelopers who will develop
them in accord with the Plan. The City and Agency are collectively
referred to herein as the "Public Entities . "
C . Under the Indian Gaming Regulatory Act of 1988 , the Tribe
may engage in Class II gaming without any particular relationship
with the City or the State, and may engage in Classs III gaming
pursuant to a compact with the State . The Tribe is now pursuing
such a compact by means of litigation and negotiation. The current
draft of such a compact provides, at Paragraph 25 .4, that "in lieu
of complying with sub-paragraphs 25 . 1 - 25 .3 and sub-paragraphs
26 . 1 - 26 . 2 [regarding environmental impact, construction
standards, fire safety, and emergency medical services] , the Tribe
may negotiate one or more separate agreements with affected local
jurisdictions" on these subjects .
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will similarly support the approval of such a compact by the
Secretary of the Interior.
Dated: Z 1994 "TRIBE"
AGUA CALIENTE BAND
OF ILLAIIINDInnANS
by:
Richard M. Milanovich,
Chairman, Tribal Council
APPROVED AS TO FORM:
hQ Cu�
Art Bunce, Esq. , Tribal Attorney
Dated: µ^^me 1994 "CITY"
ATTEST: CITY OF PALM SPRINGS
by: 14��
City Clerk - I, oyd Maryanov, Mayor
AP ROVED AS TO FORM:
RUTAN & TUCKER
PROVED BY THE CP}Y C®i Nak
David J. shire, City Attonaey BY HQ
Dated: /V ZZ 1994 "AGENCY"
ATTEST: COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS
/ by:
Iff
� Asst. Secretary Llc' d Maryancv, Chairman
-PPROVED AS TO FORM:
RUTAN & TUCKER D c
APPROVED BY THE COMMUNITY REDEV.
David J. A14shire, Agency Counsel AGENCY BY RES. tqO.
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