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About Siletz news letter. (Siletz, Oregon) 1989-1997 | View Entire Issue (May 1, 1996)
^XXXXXXXXXXXXXXXXXXXXXX^<XX^C<XXXXXXXXX«XXXX>O<XXXXXXXXXX> RESOLUTION NO. 96-074 DATE APPROVED: 3/16/96 SUBJECT: Tribal Council Minute« WHEREAS, the Siletz Tribal Council has received and reviewed the Tribal Council Minutes for February 6, 1996; now THEREFORE BE IT RESOLVED that the Siletz Tribal Council hereby approves the Tribal Council minutes of February 6, 1996. ADOPTED BY A VOTE OF 7 for, 0 against, and one abstaining (Bensell Breon). RESOLUTION NO. 96-07S DATE APPROVED 3/16/96 SUBJECT Sharon Butler Memorial Scholarship WHEREAS, the Siletz Tribal Council holds post secondary education at a high level; and WHEREAS, the Confederated Tribes of Siletz Indians of Oregon have the utmost respect and honor for our Tribal Members who have passed on, and WHEREAS, a Sharon Butler Memorial Scholarship has been established in honor of our Tribal member Sharon Butler who has passed on; and WHEREAS, the Siletz Tribal Council is honored that this scholarship has been established and will further provide support for one of our tribal members to go on to obtain a higher education; now THEREFORE BE IT RESOLVED that the Siletz Tribal 'Council honor the recipients that serve as roll models to encourage our membership to strive toward education goals beyond high school; and BE IT FURTHER RESOLVED that the Siletz Tribal Council would also like to honor the recipients by displaying the Sharon Butler Memorial Scholarship Plaque in the Cultural Center. ADOPTED BY A VOTE OF 8 for, 0 against, and 0 abstaining. RESOLUTIONS 96-076 thru 96-078: DATE APPROVED: 3/16/96 SUBJECT: Enrott«want 28 enrollment applications approved, 7 enrollment appli cations rejected, 3 name changes approved. RESOLUTION NQ._96-080 DATE APPROVED: 3/16/96 SUBJECT: Chinook Winds Finan«»*«* WHEREAS, the Tribal Council made the decision in 1991 to pursue | i BUY1999 ^ gaming under the Indian Gaming Regulatory Act, 24 USC Section 2701 et seq., as an economic development enterprise to generate revenues to provide services to tribal members, to fund government operations and economic development, and for other purposes; and WHEREAS, the Tribe has commenced a g a m i n g operation known as the Chinook Winds Gaming & Convention Center in a temporary facility, and WHEREAS, the Tribe is i n the process of constructing a permanent g a m i n g facility to house its gaming operation on a permanent basis; and WHEREAS, the Tribe does not have the financial resources to fund construction on the permanent Chinook W inds Gaming & Convention Center (the "Project") on its own, and must therefore look to outside sources of financing to finance construction of the permanent gaming facility; and WHEREAS, the Tribe deems it to be necessary and appropriate, and in the best interest of the Tribe, for it to borrow money from Miller 85 Schroeder Investments Corporation ("M&S") and United States National Bank of Oregon ("USNB") (M&S and USNB are collectively referred to herein as the "Lenders") by issuing its Notes in an aggregate principal amount o f $30,500,000 (the "Notes") to finance the cost of the construction of the Project, and WHEREAS, the following documents relating to the Project and the Notes have been prepared which documents in proposed form are before this Tribal Council at this meeting and shall be placed on file with the Secretary: (a) a Construction Loan Agreement (the "Construction Loan Agree ment"), to be entered into by the Lenders and the Tribe; (b) a Disbursing Agreement (the "Disbursing Agreement"), to be entered into by the Lenders, the Tribe and United States National Bank of Oregon, Commercial Real Estate Loan Administration, as d i s b u r s in g agent; (c) a Collateral Trust Agreement (the "Collateral Trust Agreement"), to be entered into between the Tribe and First Bank National Association, as collateral trustee (the "Collateral Trustee"); (d) a Sub-Custodian Agreement (the "Sub-Custodian Agreement"), to be entered into between the Collateral Trustee and First Trust National Association; * * Aqreement for initial construction of the permanent gaming facility, the parties agreed to finalize and execute the Design-Build Agreement between PCL and the Tribe to cover construction of the permanent gaming facility, even though both parties agreed that no Guaranteed Maximum Price (GMP) had yet been established for the project, and that Design- Build Agreement was formally signed and executed by the parties on June 2, 1995; and WHEREAS, no formal resolution was ever passed by the Siletz Tribal Council authorizing the Design- Build-Agreement to be executed by the Chairman, although that authorization had been given in general terms by Tribal Council resolutions authorizing negotia tions with PCL for a Design- Build Agreement, including execution of any final terms, and resolutions authorizing construc-tion of the temporary facility and entry into the Escrow Agreement to begin construction of the permanent facility in timely fashion; and WHEREAS, construction of the permanent gaming facility has been, ongoing and has been continuing in expeditious and timely fashion, and both PCL and the Siletz Tribe are satisfied with the progress made in construction to date, with the final established construction schedule, and with the final GMP; now THEREFORE BE IT RESOLVED, that the Siletz Tribal Council agrees to formally authorize execution of the Design-Build Agreement between the Siletz Tribe and PCL Construction Associates, Inc.; and BE IT FURTHER RESOLVED, that the Siletz Tribal Council formally ratifies the Design-Build Agreement entered into between the Siletz Tribe and PCL Construction Associates, Inc., on June 2, 1995, with amendments, and ratifies all actions which have taken place to date under that agreement, reserving the power to exercise its legal rights under that agreement; and BE IT FURTHER RESOLVED, that the Siletz Tribal Council consents to a limited waiver of its sovereign immunity for purposes of this business transaction only, as set forth in Section 14.6.1 of the Design-Build Agreement itself, that this limited waiver of sovereign immunity is for the benefit of the parties to the transaction only and as part of this limited waiver of s o v e r e ig n immunity the Tribe agrees to the waiver of tribal court jurisdiction, waiver of exhaustion of tribal court remedies, consent to state or federal court jurisdiction and consent to the application of state law for dispute resolution under this transaction and for interpretation of this agreement. ADOPTED BY A VOTE OF 9 for, 0 against, and 0 abstaining. * financing ior construction; and WHEREAS, as part of the Escrow 21
