People Against a Casino Town
Information
Agreement for municipal services
City of Lincoln City, Oregon and Chinook Winds Casino

One can surmise some of the true cost to a city by the agreement which was negotiated between one casino and it's intended "host".
 
Agreement  Between  The City of Lincoln City, Oregon  And
  The Confederated Tribes of Siletz Indians of Oregon
  Regarding
  The Provision of City Services and Other Matters   Related to
  Reservation Lands Within the City of Lincoln City
 
This agreement, dated July 28, 1995, is between the City of Lincoln City, Oregon (City) and the Confederated Tribes of Siletz Indians of Oregon (Tribe).
 
  RECITALS
 
A.  Pursuant to Public Law 103-345, certain land within the boundaries of the City (Land) has become Tribal reservation land held in trust by the United States Secretary of Interior.
    
B.  The Tribe and the State of Oregon have entered into a Tribal-State Compact for Regulation of Class III Gaming Between the Confederated Tribes of Siletz Indians of Oregon and the State of Oregon (Compact), relating to the Tribe’s proposal to construct and operate a temporary and then a permanent gaming facility on the Land.
 
C.  The Tribe is in the process of constructing first a temporary gaming facility (Temporary Facility) and then a permanent gaming/convention facility (Permanent Facility) on the Land and intends to operate the facilities (Facilities), subject to the
  requirements and procedures of the federal Indian Gaming Regulatory Act.

D.  The Tribe asserts that the Land and activities on it, under federal law applicable to Tribal reservation lands, are not subject to the regulatory authority of the City. The Tribe further asserts that the Land and activities on it, since they are within the
boundaries of the City, are entitled to receive those City services that the Land’s occupants desire to receive, at least so long as they are willing to pay for the services on the same basis as others within the City pay for the services.
 
E.  The City Attorney has prepared legal opinions indicating that the Tribe’s assertions probably are correct but that the matter is not free from some doubt. Based on this, the City has expressed an intention to accept the Tribe’s position regarding the City’s lack of regulatory authority over the Land and activities on it and its obligation to provide services to the Land and activities on it, subject to a satisfactory agreement being negotiated and executed between the Tribe and the City.
 
F.  The Tribe and the City have been engaged in negotiations toward an agreement, with each of them reserving the right to file any appropriate litigation in the event of their failure to reach a mutually acceptable agreement. They now have reached
  and wish to execute an agreement in avoidance of litigation and in settlement of matters they presently have identified as needing resolution between them.

Agreement
 
1. General Intention. It is the general intention of the City to accept the Tribe’s right to construct and operate the Temporary Facility and the Permanent Facility on the Land; to provide requested City services to the Facilities on the same basis as those
  services are provided to other developments with the City; and to work to ensure a cooperative interaction between the City and the Tribe with regard to the Tribe’s construction and operation of the Facilities. It is the general intention of the Tribe to pay for requested City services to the Facilities on the same basis as they are paid for by other developments within the City; to reimburse the City fairly for expenses the City is reasonably likely to incur responding to needs for public services in the City resulting from construction and operation of the Facilities; and to work to ensure a cooperative interaction between the Tribe and the City with regard to the Tribe’s construction and operation of the Facilities.
 
2. Scope of Agreement. This Agreement resolves issues that the Tribe and the City have identified as of mutual concern as of the date of the Agreement. If issues of concern to either party arise in the future, it is the intent of the Tribe and the City to work cooperatively to resolve those issues by additional or supplemental agreements, formal or informal, as may be appropriate, with the additional or supplemental agreements reflecting the spirit of this Agreement. The City and the Tribe agree to participate in good faith negotiations toward such agreements whenever so requested in writing by the other party.

3. Water Service.
 
 a. Temporary Facility.
 
i. Provision and Installation of Service. Subject to the conditions set out in this subsection (a), the City shall provide the same water service to the Temporary Facility that the City provides to other developments within the vicinity of the Temporary Facility. The Tribe shall perform the actual installation of the water service, using a meter provided by the City.
 
ii. Application and Initial Payments for Service. As a condition to the City’s provision of water service to the Temporary Facility and to the Tribe’s installation of the service, the Tribe shall file a standard application for such service, shall make the
following initial payments, and shall receive notification from the City that the application is complete and authorization from the city to install the service. The City shall process the application and issue the authorization in accord with the standard City procedures for processing applications and issuing authorizations for water service.
 
System Development Charges:  The Tribe shall pay the system development charges presently in effect and applicable to the type of development to be constructed, which consist of water and sewer system development charges. These charges represent a reimbursement to the City for an allocated proportional share of the cost of existing capital facilities that will be used to provide water and sewer service to the Temporary Facility and a contribution to the City for an allocated proportional share of the cost of  future capital facilities to provide water and sewer service, the need for which will be contributed to by the Temporary Facility water and sewer service.  The amount to be paid shall be the amount of the charges determined as of the date of application for water service by the Tribe.
 
Meter Charge:  The Tribe shall pay the standard City charge for the size of meter applied for by the Tribe for the Temporary Facility. The City shall provide the meter to the Tribe.
 
Sewer Inspection Connection Fee.  The Tribe shall pay the standard $25.00 sewer connection inspection fee. The City shall conduct the appropriate inspection.

The City acknowledges that it has received from the Tribe an application for water service with a 1-1/2” meter and for sewer service. The City further acknowledges that has received full payment of the system development charges determined as of the date of application, in the amount of $11,887 ($6,829 in relation to water service and $5,058 in relation to sewer service); of the water meter charge, in the amount of $330; and of the sewer connection inspection fee, in the amount of $25. The City further acknowledges that it has notified the Tribe that the application for water service and sewer service is
  complete, has processed the application, and has authorized the Tribe to install the services, all in accord with the standard City procedures for processing applications and issuing authorizations for service. The filing of the application, payment of these amounts, and notification and authorization by the City fulfill the conditions to the City’s initial provision of water service set out in this subsection (ii). The Tribe acknowledges that the City has provided a 1-1/2” water meter to the Tribe, for installation by the Tribe.

iii. Regular Service Payments. As a condition to the City’s continued provision of water service to the Temporary Facility, the Tribe shall make timely payments to the City based on the regular rates and charges for water service as set by the City Council for customers inside the City in accord with Lincoln City Municipal Code (Code) section 13.12.080(B)(1) or it successor, as amended from time to time. The City presently has uniform water service rates and charges for all customers inside the City. In the event the City in the future establishes water service rates and charges for customers inside the City that vary according to classes of customers, then the Tribe shall pay the water service rates and charges applicable to the class of customer that includes the Temporary Facility. In establishing classes of customers, the City shall act in good faith
and shall not use the establishment of classes as a basis to charge the Temporary Facility unique or discriminatory water rates and charges.
 
iv. Temporary Facility Closure. The Tribe anticipates closure of the Temporary Facility when the Permanent Facility is ready to open for business.  At the time of closure, the Tribe may elect to either maintain the water service connection to the Temporary Facility or to abandon the connection. Unless the Tribe notifies the City in writing of its intention to abandon the connection, the Tribe will be deemed to have elected to maintain the connection.
 
If the Tribe elects to maintain the connection, the connection nevertheless shall be subject to the provisions of Code section 13.12.150 regarding the City’s authority to terminate the connection due to non-use after a period of one year or more and to require a new application and the payment for a new service connection in the event water service subsequently is restored. Any system development charge applicable to a replacement use of the Temporary Facility site, including the method for calculating the charge, shall be subject to the provisions of Code Chapter 13.08.

If the Tribe elects to abandon the connection, then the Temporary Facility system development charge payment in relation to water service, in the amount of $6,829, shall be a credit against the amount of system development charge payable in relation to water service to the Permanent Facility, as provided for in subsection (b)(ii) of this section.
 
b. Permanent Facility
 
 i.  i. Provision and Installation of Service. Subject to the conditions set out in this subsection (b), the City shall provide the same water service to the Permanent Facility that the City provides to other developments within the vicinity of the Permanent Facility. The Tribe shall perform the actual installation of the water service, using a meter provided by the City.
      
ii. Application and Initial Payments for Service. As a condition to the City’s provision of water service to the Permanent Facility and to the Tribe’s installation of the service, the Tribe shall file a standard application for such service, shall make the following initial payments, and shall receive notification from the City that the application is complete and authorization from the City to install the service. The City shall process the application and issue the authorization in accord with the standard City procedures for processing applications and issuing authorizations for water service.
 
System Development Charges: The Tribe shall pay the system development charges in effect 45 days after the date the Tribal Council approves the final plans and specifications for the Permanent Facility and applicable to the type of development to be constructed, subject to any applicable credit provided for in subsection (a)(iv)of this section.
 
Meter Charge: The Tribe shall pay the standard City charge for the size of meter applied for by the Tribe for the Permanent Facility. The City shall provide the meter to the Tribe.
 
Sewer Inspection Connection Fee: The Tribe shall pay the standard $25 sewer connection inspection fee. The City shall conduct the appropriate inspection.

iii. Regular Service Payments. As a condition to the City’s continued provision of water service to the Permanent Facility, the Tribe shall make timely payments to the City based on the regular rates and charges for water service as set by the City Council for customers inside the City in accord with Code section 13.12.080(B)(1)or its successor, as amended from time to time. The City presently has uniform water service rates and charges for all customers inside the City. In the event the City in the future establishes water service rates and charges for customers inside the City that vary according to classes of customers, then the Tribe shall pay the water service rates and charges applicable to the class of customer that includes the Permanent Facility. In establishing classes of customers, the City shall act in good faith and shall not use the establishment of classes as a basis to charge the Permanent Facility unique or discriminatory water service rates and charges.
 
c. General Provisions Regarding Water Service

i. Public Works Permits. Nothing in this Agreement is intended to relieve the Tribe of any obligation to obtain public works permits and otherwise comply with the provisions of the Code in the event the Tribe’s construction work, including but not limited to the installation of water service connections, involves construction or obstruction which disturbs the surface or subsurface of any City street, sidewalk, or other right-of-way. On receiving any application from the Tribe for a public works permit, the City shall process the application in the same manner as it processes applications from other developers in the City and shall not give the application unique or discriminatory treatment.
 
ii. Chapter 13.12 Provisions. In receiving water service from the City, the Tribe shall comply with the provisions of Code sections 13.12.050, 13.12.055, 13.12.080, 13.12.100 (except the last sentence of subsection (C)), 13.12.110, 13.12.140, 13.12.150, 13.12.180, and 13.12.210.

iii. Water for Fire Protection Purposes. The Tribe shall conduct such tests as are necessary or appropriate to determine whether there is sufficient water pressure in the City’s water system in the vicinity of  the Land to provide adequate pressure for fire protection purposes. In the event there is not sufficient pressure, then the Tribe shall be responsible for providing improvements to the water system in the vicinity of the Land needed in order to provide adequate pressure.
 
4. Sewer Service.
 
a. Temporary Facility.
 
i. Provision and Installation of Service. Subject to the conditions set out in this subsection (a), the City shall provide the same sewer service to the Temporary Facility that the City provides to other development within the vicinity of the Temporary Facility. The Tribe shall perform the actual installation of the sewer services.
 
ii. Application and Initial Payments for Service. As set out in section 3(a)(ii) of this section, the City has received from the Tribe an application for sewer service; the City has received full payment of those charges that must be paid by a customer as a condition to receiving sewer service; and the City has notified the Tribe that the application for sewer service is complete, has processed the application, and has authorized the Tribe to install the service, all in accord with the standard City procedures for processing applications and issuing authorizations for service. These events fulfill the conditions to the City’s initial provision of sewer service.
 
iii. Regular Service Payments. As a condition to the City’s continued provision of sewer service to the Temporary Facility, the Tribe shall make timely payments to the City based on the regular rates and charges for sewer service as set by the City Council for customers inside the City in accord with Code section 13.12.060(B)(1) or its successor, as amended from time to time. The City presently has uniform sewer service rates and charges for all customers inside the City. In the event the City in the future establishes sewer service rates and charges for customers inside the City that vary according to classes of customers, then the Tribe shall pay the sewer service rates and charges applicable to the class of customer that includes the Temporary Facility. In establishing classes of customers, the City shall act in good faith and shall not use the establishment of classes as a basis to charge the Temporary Facility unique or discriminatory sewer service rates and charges.
 
iv. Temporary Facility Closure. The Tribe anticipates closure of the Temporary Facility when the Permanent Facility is ready to open for business. At the time of closure, the Tribe may elect to either maintain the sewer service connection to the Temporary Facility or to abandon the connection. Unless the Tribe notifies the City in writing of its intention to abandon the connection, the Tribe will be deemed to have elected to maintain the connection.
 
If the Tribe elects to maintain the connection, the connection nevertheless shall be subject to the provisions of Code section 13.12.150 regarding the City’s authority to terminate the connection due to non-use after a period of one year or more and to require a new application and the payment for a new service connection in the event sewer service subsequently is restored. Any system development charge applicable to a replacement use of the Temporary Facility site, including the method for calculating the charge, shall be subject to the provisions of Code Chapter 13.08.
 
If the Tribe elects to abandon the connection, then the Temporary Facility system development charge payment in relation to sewer service, in the amount of $5,058, shall be a credit against the amount of system development charge payable in relation to sewer service to the Permanent Facility, as provided for in subsection (b)(ii) of this section.

b. Permanent Facility.
 
i. Provision and Installation of Service. Subject to the conditions set out in this subsection (b), the City shall provide the same sewer service to the Permanent Facility that the City provides to other development within the vicinity of the Permanent Facility. The Tribe shall perform the actual installation of the sewer service.

ii. Application and Initial Payments for Service. As a condition to the City’s provision of sewer service to the Permanent Facility and to the Tribe’s installation of the service, the Tribe shall file a standard application for such service, shall make the following initial payments, and shall receive notification from the City that the application is complete and authorization from the City to install the service. The City shall process the application and issue the authorization in accord with the standard City procedures for processing applications and issuing authorizations for sewer service.
 
System Development Charges:  The Tribe shall pay the system development charges in effect 45 days after the date the Tribal Council approves the final plans and specifications for the Permanent Facility and applicable to the type of development to be constructed, subject to any applicable credit provided for in subsection (a)(iv) of this section.
 
Sewer Inspection Connection Fee. The Tribe shall pay the standard $25 sewer connection inspection fee.
 
iii. Regular Service Payments. As a condition to the City’s continued provision of sewer service to the Permanent Facility, The Tribe shall make timely payments to the City based on the regular rates and charges for sewer service as set by the City Council for customers inside the City in accord with Code section 13.12.060(B)(1) or its successor, as amended from time to time. The City presently has uniform sewer service rates and charges for all customers inside the City. In the event the City in the future establishes sewer service rates and charges for customers inside the City that vary according to classes of customers, then the Tribe shall pay the sewer service rates and charges applicable to the class of customer that includes the Permanent Facility. In establishing classes of customers, the City shall act in good faith and shall not use the establishment of classes as a basis to charge the Permanent Facility unique or discriminatory sewer service rates and charges.
 
c. General Provisions Regarding Sewer Service.
 
i. Public Works Permits. Nothing in this section is intended to relieve the Tribe of any obligation to obtain public works permits and otherwise comply with the provisions of the Code in the event the Tribe’s construction work, including but not limited to the installation of sewer service connections, involves construction or obstruction which disturbs the surface or subsurface of any City street, sidewalk, or other right-of-way. On receiving any application from the Tribe for a public works permit, the City shall process the application in the same manner as it processes applications from other developers in the City and shall not give the application unique or discriminatory treatment.
 
ii. Chapter 13.12 Provisions. In receiving sewer service from the City, the Tribe shall comply with the provisions of Code sections 13.12.030 (except for the last sentence of subsection (C)), 13.12.060, 13.12.100 (except for the last sentence of
  subsection (C)), 13.12.110, 13.12.140, 13.12.150, 13.12.160(B), and 13.12.180 and of Code Chapter 13.20.
 
5. Storm Drainage Service
 
a. Provisions of Service. Subject to the conditions set out in this section, the City shall provide the same storm drainage service to the Temporary Facility and the Permanent Facility that the City provides to other development within the vicinity of the Facilities.
 
b. System Development Charges. The City does not presently have a system development charge for storm drainage service. Therefore, there is no storm drainage system development charge payable in relation to the Temporary Facility. The City, however, is considering adoption of a storm drainage system development charge. In the event the City adopts a storm drainage system development charge applicable to the type of development to be constructed on or before the date system development charges applicable to the Permanent Facility are determined under section 3(b)(ii) of this Agreement, then the system development charges to be paid under that section shall include the storm drainage system development charge.
 
c. Regular Service Payments. The City does not presently impose a charge for the provision of storm drainage service. In the event the City adopts a charge for the provision of storm drainage service, then the Tribe shall make timely payments to the City based on the standard charges for storm drainage service as set by the City Council for customers inside the City. In the event the City establishes storm drainage service charges for customers inside the City that vary according to classes of customers, then the Tribe shall pay the storm drainage service charges applicable to the class of customer that includes the Tribe’s Facilities. In establishing classes of customers, the City shall act in good faith and shall not use the establishment of classes as a basis to charge the Facilities unique or discriminatory storm drainage service charges.
 
6. Transportation Services.
 
a. Compact Provision. According to the Compact:
 
i. The Tribe is to provide a traffic impact study to evaluate the effect of the Facilities and any related development on the Land on the state highway system and on any City street or Lincoln County road that may be used by customers as access to the Facilities.

ii. State and local officials are to determine, in consultation with the Tribe, whether the Facilities should receive direct service from a state highway or from a City street or County road.
 
iii. If the officials determine that the Facilities should receive direct service by a City street or County road, and therefore indirect service by a State highway, then the Tribe must comply with applicable substantive City or County street or road improvement requirements and satisfy any requirements the State imposes on the County or City relating to access to a state highway.
 
iv. Traffic improvements must be those necessary to maintain the level of service of the affected highways, roads, or streets and to provide safe access to and from the Facilities.
 
v. The Tribe may satisfy its obligation under subsection (i) by participating in the transportation impact study process already underway for the north end of the City, known as the Kittelson Study.
 
vi. The Tribe must pay, on a full cost or shared cost basis, the reasonable cost of necessary street, road, or highway improvements determined to be necessary on the basis of the transportation impact study and Oregon Department of Transportation requirements, subject to the Tribe’s right to enter into a dispute resolution process established by the Compact.
 
vii. The provisions of the Compact are enforceable only by the State.
 
b. Cooperative Process. The Tribe and the City shall work cooperatively, and shall jointly seek the cooperation of the State of Oregon and Lincoln County, with the objective that the transportation impact study to be provided by the Tribe under the Compact be mutually satisfactory in identifying transportation impacts related to operation of the Facilities and any related development on the Land and in identifying transportation system improvements to be provided by the Tribe in response to those impacts. The City streets immediately affected by the Facilities will be NW 44th Street, NW 40th Street, NW Jetty Way, and any rights-of-way that interconnect them. In the event the City concludes that the study does not adequately identify transportation impacts on those streets, does not adequately identify transportation system improvements to be provided to them either on a full cost or on a shared cost basis by the Tribe, or does not establish an adequate time schedule for completion of the improvements, then any dispute between the City ad the Tribe shall be subject to the binding arbitration process established by Section 15 of this Agreement. In any arbitration process under this section, the issues to be arbitrated shall be limited to (1) whether the study adequately identifies transportation impacts to the streets related to operation of the Facilities and any related development on the Land, (2) whether the transportation system improvement identified to be provided either on a full cost or on a shared cost basis by the Tribe under the study are sufficient to prevent the Facilities’ and related development’s causing degradation of transportation levels of service on the streets to levels of service that are deemed unacceptable according to transportation industry standards commonly applicable in cities such as the City, (3) if the transportation system improvements identified in the study are not sufficient, then what improvements are necessary to prevent such degradation of levels of service, and (4) whether the time schedule established by the study for completion of required improvements is adequate and, if not, what time schedule would be adequate. The tribe shall provide any transportation system improvements to the streets that are determined by the arbitration process to be necessary to prevent such degradation of levels of service, according to the schedule and on the full cost or shared cost basis as established by the process.

c. System Development Charges. The City does not presently have a system development charge for transportation service. Therefore, there is no transportation system development charge payable in relation to the Temporary Facility. The City, however, is considering adoption of a transportation system development charge. In the event the City adopts a transportation system development charge applicable to the type of development to be constructed on or before the date system development charges applicable to the Permanent Facility are determined under section 3(b)(ii) of this Agreement, then the system development charges to be paid under that section shall include the transportation system development charge.
 
7. Solid Waste Collection. Within the City, solid waste collection service is provided by a private business operating under a franchise issued by the City. It is the Tribe’s intention, at least during the initial operation of the Facilities, to use the service provided by the franchisee. The Tribe reserves the right, however, at any time to make other arrangements for collection of solid waste from the Facilities or other development on the Land.
 
8. Building, Fire and Life Safety, and Other Code Reviews and Inspections. The Tribe asserts that the Land, under federal law applicable to Tribal reservation lands, is not subject to the provisions of state or local building, fire and life safety, and similar building-related codes and that the City therefore has no legal authority over the design and construction of the Facilities. The City Attorney has prepared legal opinions indicating that the Tribe’s assertion is correct. The Compact provides, however, that Tribal regulations applicable to the Facilities must be at least as rigorous as standards imposed by the State. The sttandards imposed by the State include uniform building, fire and life safety, and other similar building-related codes. Within the City, in accordance with state law, these standards ordinarily are administered by the City. The City therefore has offered to the Tribe to perform a standard building-related code review of the design of the Facilities and a subsequent standard inspection of the Facilities, subject to payment by the Tribe of the standard fee that would be charged to other developers for such a review and inspection.
 
The Tribe has declined to have the City perform a standard building-related code review and inspection, with payment by the Tribe of the standard fee. The Tribe instead has contracted with a private firm for building-related code review and inspection
  services and has proposed that the City provide to the Tribe such supplemental review and inspection services as the Tribe may request at a charge to be negotiated between the Tribe and the City. The City has declined to provide such supplemental services and has so advised the State.

The City therefore shall not be involved in and shall have no responsibility for any building, fire and life safety, or other building-related code review of the design of the Facilities or for any related inspection services. The City further shall not be involved in and shall have no responsibility for determining whether or assuring that the health and safety standards applicable to the Facilities are as rigorous as standards imposed by the State or whether the Facilities meet such standards.

9. Other Services Involving Fees and Charges.
 
a. In General. In the negotiations leading to this Agreement, the City and the Tribe have attempted to identify those City services that the Tribe would like the City to provide to the Facilities, for which the City as a standard practice imposes fees or charges on those receiving the services. The City and the Tribe, in the course of negotiations, have identified water and sewer services as services to be provided by the City to the Tribe. In addition, the City and the Tribe have identified building, fire and life safety, and other building-related code review and inspection services as services not to be provided by the City.

In the event the Tribe identifies other City services that the Tribe would like the City to provide to the Facilities or other development on the Land, for which the City as a standard practice imposes fees or charges on those receiving the services, then the Tribe shall so inform the City and the City shall provide the services on the condition that the Tribe pay to the City those fees or charges that the City as a standard practice requires those receiving the services to pay. In the event the City’s fees or charges vary according to classes of service recipients, then the Tribe shall pay the fees or charges applicable to the class of service recipient that includes the Facilities or other development on the Land. In establishing classes of customers, the City shall act in good faith and shall not use the establishment of classes as a basis to charge the Facilities or other development on the Land unique or discriminatory fees or charges. Alternatively, the Tribe and the City by mutual agreement may establish a non-standard level of services to be provided by the City and specific fees and charges applicable to the agreed level of services.

b. Public Works Permit Fees. In the event the Tribe engages in construction work that involves construction or obstruction which disturbs the surface or subsurface of any City street, sidewalk, or other right-of-way, the Tribe’s work shall be subject to the provisions of Code Chapter 12.12, including the obtaining of public works permits and the payment of applicable fees. On receiving any application from the Tribe for a public works permit, the City shall process the application in the same manner as it processes applications from other developers in the City and shall not give the application unique or discriminatory treatment.

10. Compensation to Cover City Services Needed Due to Operation of the Facilities.
 
a. General Understanding and Intention. The Tribe and the City agree that the Facilities and their operation will generate or contribute to a need for a provision of more City services than presently are provided by the City. If the Land and Facilities, and their operation, were not exempt from City taxation, the City ordinarily would be able to obtain revenues to support its provision of services through any of a variety of taxes that the City either has adopted or could adopt, such as property taxes, business occupation license fees, and transaction taxes. Since the Land and Facilities, and their operation, are exempt from City taxation, however, the City cannot use these means to obtain revenue to support its provision of services.
 
Notwithstanding its exemption from taxation, it is the Tribe’s intention to make service contributions to the City, to fairly and reasonably compensate the City for the cost of standard City services, the need for which is generated or contributed to by the Facilities and their operation. In addition, it is the Tribe’s intention to compensate the City for the cost of non-standard services that the Tribe may request from the City and that the City may agree to provide.

b. Standard Service Contributions. Since it is not possible, at the time of execution of this Agreement, fully to determine the extent to which the Facilities and their operation will generate or contribute to a need for the provision of standard City services, the Tribe and the City agree to the following approach to service contribution payments during the initial period of operation of the Facilities and thereafter:

i. Fiscal Year 1995-1996. For the period from July 1, 1995 through June 30, 1996, the Tribe shall pay to the City the sum of $45,000.

ii. Fiscal Year 1996-1997. For the period from July 1, 1996 through June 30, 1997, the Tribe shall pay to the City the sum of $170,000.

iii. Subsequent Years. Immediately following June 30, 1997, the Tribe shall fund an economic study to determine the impact of the Facilities and their operation on the Lincoln City community. The study shall produce a report which shall identify the financial impacts the Facilities and their operation have on Lincoln City, including at least the cost of standard City services, the need for which is generated or contributed to by the Facilities and their operation, and revenues received by the City due to the existence of the Facilities and their operation. The City shall have the opportunity to review and comment on a draft report, prior to issuance of a final report. The final report shall be issued not later than December 31, 1997. On issuance of the final report, the Tribe and the City shall negotiate and reach agreement on a payment amount or formula to determine the amounts of payments to be made by the Tribe under this subsection (b) as service contributions to compensate the City for the cost of standard City services, the need for which is generated or contributed to by the Facilities and their operation, for the fiscal year July 1, 1997 through June 30, 1998 and for each fiscal year thereafter. In the event the Tribe and the City are not able to reach agreement on a payment amount or formula, then the matter shall be submitted to arbitration under section 15 of this Agreement. As part of this process, the City may elect to conduct its own study and prepare its own report. If the City does so, the Tribe shall have the opportunity to review and comment of a draft report, prior to issuance of a final report.
 
iv. Redetermination of Standard Service Contribution Amount of Formula. At any time between July 1, 2001 and June 30, 2002, and at any time between July 1 and June 30 of each fifth fiscal year thereafter, either the Tribe or the City, by written notice to the other party, may initiate a process to redetermine the standard service contribution amount or formula to be applicable to years commencing with the next July 1. In addition, in the event that the Tribe changes its alcohol service policy and decides to permit the possession or service of alcoholic beverages within the gaming area of the Facilities, the City, at any time within 18 months thereafter, by written notice to the Tribe, may initiate a process to redetermine the standard service contribution amount or formula to be applicable to years commencing with the first July 1 after the change in policy. The
  redetermination process under this subsection shall be the same as the process set out in subsection (iii), above, with the dates adjusted to correspond to the appropriate time period.
 
v. Payment Schedule. The Tribe shall pay the amount of the standard service contribution for any fiscal year in four equal installments, with an installment paid on each of July 1, October 1, January 1, and April 1 of the fiscal year for which the
  contribution is being paid. For the fiscal year from July 1, 1997 through June 30, 1998, pending completion of the determination process set out in subsection (iii), above, and for any subsequent fiscal year for which a redetermination is being made under subsection (iv), above, the Tribe provisionally shall pay the same amounts, on the same schedule, as
  paid for the immediately preceding fiscal year. Following completion of the determination or redetermination, in the event an additional amount is to be paid by the Tribe, the Tribe shall pay the additional amount in equal installments on the remaining
  payment dates during the fiscal year to which the additional amount is applicable if the fiscal year is not yet over or within 30 days after the determination of the additional amount if the fiscal year to which the additional amount is applicable is over. Following completion of the determination or redetermination, in the event the Tribe has made an overpayment, the Tribe shall deduct the overpayment amount from future installments to be paid to the City under this subsection (b) until the overpayment amount has been recovered by the Tribe.
 
c. Non-Standard Service Payments. The Tribe may desire that the City provide, in relation to the Land and Facilities and their operation, services that are not standard City services or that are provided only pursuant to special agreement calling for a requester’s payment for the services. In the event the Tribe desires the City to provide such services, and the City is willing to provide the services, then the City shall provide the services on a cost recovery basis pursuant to any necessary separate agreement or agreements between the City and the Tribe. In the event of a dispute between the Tribe and the City over whether services are standard City services or are services described in this subsection, the matter shall be submitted to arbitration under section 15 of this Agreement.
 
11. Signs. The Tribe asserts that the Land under federal law applicable to Tribal reservation lands, is not subject to the provisions of state or local land use planning, zoning, and other regulatory laws and that the City therefore has no legal authority to regulate signs on the Land. The City Attorney has prepared legal opinions indicating that the Tribe’s assertion probably is correct. The Tribe agrees, however, to consult with the City in advance of installing any signs that, elsewhere, would be inconsistent with City sign regulations and to consider any concerns of the City expressed during consultations.
 
12. Law Enforcement.

a. Compact Provisions. According to the Compact:
 
i. The State will have criminal jurisdiction over offenses committed within the Facilities and Land, and the criminal laws of the State will have the same force and effect within the Facilities and Land as they have elsewhere in the State.
 
ii. If the Tribe establishes a Tribal police force, then enforcement of criminal laws at the Facilities will be as set out in a memorandum of understanding between the Tribe and the Oregon State Police.

iii. Except as otherwise provided in a memorandum of understanding referred to in subsection (ii) above, State law enforcement officers, or officers designated by the State, will have free access to anywhere within the Facilities and Land for the purpose of maintaining public order and public safety, conducting investigations related to possible criminal activity, and enforcing applicable State laws.

iv. Nothing in the Compact affects the civil or criminal jurisdiction of the State under United States Public Law 280.
 
v. Except for federal, state, county or Tribal law enforcement officers, no person may possess firearms within the Facilities. The State and the Tribe have assured the City that this was not intended to, and does not, prevent City law enforcement officers from possessing firearms within the Facilities or Land.
 
b. Cooperative Process. The Tribe and the City shall work cooperatively, and shall jointly seek the cooperation of the State of Oregon and Lincoln County, with the objective that the Tribe, City, State, and County execute as soon s possible a master
agreement and any appropriate subagreements establishing the roles, responsibilities, authority, and expectations of each of them in relation to law enforcement services within the Facilities and Land.
 
c. Standard Law Enforcement Services and Authority. Pending execution of a master agreement as referred to in subsection (b) of this section, and thereafter if it is so authorized by the master agreement, the City shall provide standard law enforcement services on the Land. Further, in providing such services, City law enforcement personnel, whether armed or unarmed, shall have the same authority to enter into the Land, the Facilities, and any other development on the Land, and to take actions therein, as they would have to enter into any other land, facilities, or development within the City. The City’s provision of services under this subsection pending execution of a master agreement shall be subject to the City’s first receiving from the Oregon State Police a written designation authorizing the City to provide the services.

13. Alcohol Service. The Tribe asserts that is has exclusive decision-making authority over whether alcoholic beverages will be permitted on the Land or within the Facilities and any other development on the Land. The City Attorney has issued a legal
  opinion that the Tribe is correct. The Tribe has informed the City that the Tribe presently does not intend to permit alcoholic beverages on the Land, but may consider permitting alcoholic beverages within the Convention Center portion of the permanent Facility. The Tribe reserves the right to change its policy, but recognizes that a change in the policy may affect the need for City services generated by the Facilities or any other development on the Land and agrees to consult with the City in advance of making a change and to consider any concerns of the City expressed during consultations.

14. Security for Payments. Ordinarily, the City’s water service rates and charges are a lien against the premises served, collectable by foreclosure. In addition, ordinarily, in the event the Tribe were to default in the making of payments provided for in section 10 of this Agreement, the City would be able to obtain a judgment against the Tribe and the judgment would be a lien against the Land and Facilities. Tribal lands held in trust by the United States Secretary of Interior, however, are not subject to liens and foreclosure. Therefore, in order to provide security to the City for amounts that will be payable by the Tribe to the City under this Agreement, the Tribe, on or before July 1, 1995, shall provide security to the City, to ensure payment, in an initial amount of $145,000. This amount shall be adjusted on or before February 1 of each year to the amount of the cumulative payments made by the Tribe to the City for all purposes under this Agreement during the preceding calendar year, plus 10 percent. The Tribe may provide such security through a surety bond executed be a surety company authorized to transact business in the state of Oregon; an irrevocable cash account that can be drawn down at the direction of the City; or an irrevocable standby letter of credit that can be drawn on at the direction of the City. Once the Tribe has selected the type of security to be provided, which the Tribe may change from time to time, the form of the type of security shall be subject to the approval of the City Attorney, which approval shall not be unreasonable withheld.

15. Remedies.
 
 a. Notice. In the event the City or the Tribe believes that the other party has not complied with any provision of this Agreement, the City or the Tribe, before initiating any other remedy, first shall give the other party written notice in the manner provided in section 21 of this Agreement. The notice shall identify the specific provision of this Agreement that the other party allegedly has not complied with and shall set out the factual basis for the alleged noncompliance.
 
b. Opportunity to Cure. In the event the party alleged to have not complied with this Agreement cures the alleged noncompliance within 30 days of the notice or, in the event it is not reasonably practicable to cure the alleged noncompliance within 30 days, initiates steps to cure the noncompliance within 30 days of the notice and proceeds in good faith and with due diligence thereafter to complete the cure and does complete the cure as soon as is reasonable practicable, then the other party shall not exercise any other remedy under this Agreement.
 
c. Arbitration. If a party has not cured an alleged noncompliance as authorized under subsection (b) of this section, then the party alleging noncompliance may give the other party written notice in the manner provided in section 21 of this Agreement,
  initiating arbitration. Similarly, a party seeking arbitration as otherwise provided in this Agreement may initiate arbitration by giving the other party written notice in the manner provided in section 21 of this Agreement, initiating arbitration. Within 15 days of the notice initiating arbitration, representatives of the City and the Tribe shall meet in an effort to resolve the dispute and, if they do not resolve the dispute, to agree within the 15-day period on an arbitrator. If the City and the Tribe cannot agree on an arbitrator, then by the end of the 15-day period, each shall appoint an arbitrator and, within 15 days thereafter, the two arbitrators so appointed jointly, shall select a third arbitrator. In the event the two arbitrators cannot agree on a third arbitrator, then the third arbitrator shall be appointed, on petition by either party, by the presiding civil judge of the Lincoln County Circuit Court. Within 45 days after the arbitrator or the arbitration panel has been selected, the arbitrator or panel shall conduct and complete an arbitration hearing on the matter in dispute and shall render its decision. The decision of the arbitrator or panel shall be binding on the City and the Tribe. In the event the City and the Tribe agree on a single arbitrator, then they each shall pay one-half of the compensation required by the arbitrator. In the event the matter is determined by an arbitration panel, then each party shall pay the compensation required by the arbitrator it selected and the City and the Tribe each shall pay one-half of the compensation required by the third arbitrator.

d. Compliance with Arbitration Decision.
 
i. Finality. The decision of the arbitrator or arbitration panel rendered under subsection (c) of this section shall be final for the City and the Tribe.

ii. Enforcement. The prevailing party may enforce the decision of the arbitrator or arbitration panel on the effective date of the decision, which shall be set out in writing in the decision itself. In the event the City or the Tribe fails to comply with an arbitration decision, the other party, after giving written notice as set out in section 21 of this Agreement, may exercise one or more of the following remedies:

(A) Exercise of Security Rights. Exercise any rights not already exercised in relation to any security provided by the other party under this Agreement;

(B) Terminate Performance of Agreement. Terminate performance of any or all of its obligations under this Agreement 10 days after giving written notice of noncompliance to the other party as set out in section 21 of this Agreement, pending compliance of the other party with the arbitration decision. However, if within the 10 day period the other party notifies the enforcing party that it disputes the allegation of noncompliance, termination of performance shall not occur until the issue of compliance is decided by a court of competent jurisdiction, as set out in subsection (g) of this section; and
 
(C) Judicial Enforcement. Seek enforcement of the arbitration decision by a court of competent jurisdiction, as set out in subsection (g) of this section.
 
e. Standing. Enforcement of this Agreement, and standing to initiate an arbitration, alternative dispute resolution, or judicial proceeding alleging noncompliance with this Agreement, is limited to the City and the Tribe. No provision or language in this
  section or in this Agreement shall be deemed to confer standing on any third party to enforce the rights of either the City or the Tribe or to grant any substantive legal rights in addition to those specifically granted the City and the Tribe in this Agreement.
 
f. Extent of Remedies. Remedies under this Agreement and this section are limited to actual damages and specific performance, provided that actual damages includes interest as set out in section 16 of this Agreement. It is the intent of the City and the Tribe that remedies shall not include claims other than those relating directly to compliance with the specific terms of this Agreement, including but not limited to claims in tort or for punitive damages. The City and the Tribe shall be responsible for their own attorney costs associated with enforcement of this Agreement.
 
g. Court Jurisdiction. The City and the Tribe consent to the jurisdiction of the Circuit Court for Lincoln County or the Circuit Court for Marion County for an action brought by the other party, for the following claims:
 
i. Enforcement of an arbitration decision which is not being complied with, pursuant to subsection (d)(ii)(C) of this section; or

ii. Resolution of a dispute between the City and the Tribe regarding whether an arbitration decision is being complied with, pursuant to subsection (d)(ii)(B) of this section.
 
h. Waiver of Sovereign Immunity. The City and the Tribe agree to waive their sovereign immunity, in limited fashion, for purposes of this Agreement. The waiver of sovereign immunity by the City and the Tribe is separately made by each party and is limited to the specific actions authorized in this section, is made only in favor of the other party and not for any other party or person, and is made only to the extent of the specific remedies set out in this section. The City and the Tribe each separately consents to the jurisdiction of the courts set out in subsection (g) of this section, for the claims described therein. The Tribe specifically waives any legal right it may have under federal law to exhaustion of Tribal Court remedies before an action may be brought by the City in the named courts.
 
i. Alternative Dispute Resolution. The City and the Tribe, by written agreement, may agree to pursue alternative dispute resolution methods rather than the arbitration and judicial proceedings set out in this section. In the event the City and the Tribe agree to pursue alternative dispute resolution methods, the parties may waive the dispute resolution methods set out in this section by written agreement.

16. Interest. Except as expressly provided otherwise in this section, any amounts due to one party from the other under this Agreement, whether specifically provided for in this Agreement or provided for in an arbitration decision under section 15 of this Agreement, shall bear interest at the legal rate of interest established by Oregon law from the due date until paid. Late payments of the rates and charges for water and sewer services, for storm drainage services in the event the City institutes rates and charges for storm drainage services in the future, and for other services provided by the City to the Tribe in the event the Tribe elects to receive other services for which the City establishes standard rates and charges, shall bear interest at the standard rate established by the Code.

17. Effective Date. This Agreement shall be effective on execution by the City and the Tribe.
 
18. Termination. This Agreement shall remain in effect until:
 
a. The Agreement is terminated by written agreement of the City and the Tribe;

b. An event described in Compact section 12(B)(2) or (3) occurs; or

c. The Agreement is terminated under section 22 of this Agreement.
 
19. Amendments. Either the City or the Tribe at any time may give the other party written notice in the manner provided in section 21 of this Agreement, initiating negotiations to amend, replace, or terminate this Agreement. In the event of such a notice, the parties shall enter into good faith negotiations regarding the proposed amendment, replacement, or termination. This Agreement shall remain in effect, however, until amended, replaced, or terminated as a result of the negotiations, unless sooner terminated under section 18 of this Agreement.
 
20. Disclaimers.
 
 a. Taxation by the City. Nothing in this Agreement shall be deemed to authorize the City to impose any tax, fee, charge, or assessment upon the Tribe or any Tribal activity on the Land except for fees and charges expressly authorized by this Agreement.
 
b. Preservation of Tribal Self-Government. Nothing in this Agreement shall be deemed to authorize the City to regulate in any manner the government of the Tribe.

c. Rights Limited to City and Tribe. This Agreement is exclusively for the benefit of and governs only the respective authorities and the relations between the Tribe and the City. Noting in this Agreement shall be construed to create or grant any rights to any third party.
 
21. Notices. All notices provided for in this Agreement shall be given by first class mail, postage prepaid, to the following addresses or to such alternative addresses as are provided for in a written notice given in accord with the provisions of this section:

City Manager                    Tribal Council
City of Lincoln City           Confederated Tribes of Siletz Indians of Oregon
PO Box 50                        PO Box 549
Lincoln City, OR 97367      Siletz, OR 97380 
 
22. Severability. In the event any section or provision of this Agreement is held invalid, then either party may initiate negotiations under section 19 of this Agreement to amend or replace this Agreement in response to the invalidity and, if the party is not satisfied with the outcome of the negotiations, may terminate this Agreement by giving written notice of termination to the other party. If neither party exercises those rights, however, it is the intent of the parties that the remaining sections and provisions of the Agreement shall continue in full force and effect.
 
23. Integration. This Agreement is the complete and exclusive expression of the City’s and the Tribe’s intent.
 
  CITY OF LINCOLN CITY
  (signature) Foster Aschenbrenner, Mayor
  Date: August 1, 1995
  (signature) Del Cesar, Acting City Manager
  Date: 7/27/95
  APPROVED AS TO FORM
  (signature) City Attorney
 
  CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON
  (Signature) Delores Pigsley, Chair
  Date: 7/25/95
 
  APPROVED AS TO FORM:
  (signature) Tribal legal Counsel

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