^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