Common use of Intergovernmental Agreement Clause in Contracts

Intergovernmental Agreement. (a) Before the commencement of a Project, and no later than the issuance of the Final TEIR to the County, the Tribe shall offer to commence negotiations with the County, and upon the County’s acceptance of the Tribe’s offer, shall negotiate with the County and shall enter into an enforceable written agreement (hereinafter “intergovernmental agreement”) with the County with respect to the matters set forth below: (1) Provisions providing for the timely mitigation of any Significant Effect on the Off-Reservation Environment (which effects may include, but are not limited to, aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, water resources, land use, mineral resources, traffic, noise, utilities and service systems, and cumulative effects), where such effect is attributable, in whole or in part, to the Project, unless the parties agree that the particular mitigation is infeasible, taking into account economic, environmental, social, technological, or other considerations. (2) Provisions relating to compensation for law enforcement, fire protection, emergency medical services and any other public services, to the extent those services are to be provided by the County and its special districts to the Tribe for the purposes of the Gaming Operation, including the Gaming Facility, as a consequence of the Project. (3) Provisions providing for mitigation of any effect on public safety attributable to the Project, including any compensation to local affected jurisdictions as a consequence thereof, to the extent such effects are not mitigated pursuant to subdivision (a)(2) above. (b) The Tribe shall not commence a Project until the intergovernmental agreement with the County specified in subdivision (a) is executed by the parties or is effectuated pursuant to section 11.8. (c) If the Final TEIR identifies traffic impacts to the state highway system or facilities that are directly attributable in whole or in part to the Project, then the intergovernmental agreement required by this section shall provide for timely mitigation of all traffic impacts on the state highway system and facilities directly attributable to the Project, and payment of the Tribe’s fair share of cumulative traffic impacts. (d) Nothing in this section requires the Tribe to enter into any other intergovernmental agreements with a local governmental entity other than as set forth above.

Intergovernmental Agreement. (a) Before the commencement of a Project, and no later than the issuance of the Final TEIR to the CountyCounty and/or the City, the Tribe shall offer to commence government-to-government negotiations with the CountyCounty and/or the City, and upon the County’s and/or the City’s acceptance of the Tribe’s offer, the parties shall negotiate with the County on a government-to-government basis and shall enter into an enforceable written agreement agreements (hereinafter “intergovernmental agreement”) with the County and/or the City with respect to the matters set forth below: (1) Provisions providing for the The timely mitigation of any Significant Effect on the Off-Off- Reservation Environment (which effects may includeeffects, but are not limited toconsistent with the policies and purposes of NEPA and CEQA as described in Appendix B, aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, water resources, land use, mineral resources, traffic, noise, utilities and service systems, and cumulative effectsOff-Reservation Environmental Impact Analysis Checklist), where such effect is attributable, in whole or in part, to the Project, unless the parties agree agree, based upon the information required by section 11.14, subdivision (e), that the particular mitigation is infeasible, taking into account economic, environmental, social, technological, or other considerations. (2) Provisions relating to compensation Compensation for law enforcement, fire protection, emergency medical services and any other public services, to the extent those services are to be provided by the County and/or the City and its special districts to the Tribe for the purposes of the Gaming Operation, including the Gaming Facility, as a consequence of the Project. (3) Provisions providing for mitigation Mitigation of any effect on public safety attributable to the Project, including any compensation to local affected jurisdictions the County as a consequence thereof, to the extent such effects are not mitigated pursuant to subdivision (a)(2) above). (b) The Tribe shall not commence a Project until the intergovernmental agreement with the County specified in subdivision (a) is executed by the parties or is effectuated pursuant to section 11.8. (c) If the Final TEIR identifies traffic impacts to the state highway system or facilities that are directly attributable in whole or in part to the Project, then before the commencement of the Project, the Tribe shall negotiate an intergovernmental agreement required by this section shall provide with Caltrans (i) for timely mitigation of all traffic impacts on the state highway system and facilities directly attributable to the Project, and/or (ii) incorporating the facts and payment of the Tribe’s fair share of cumulative traffic impacts. (d) Nothing in this findings required pursuant to section requires the Tribe to enter into any other intergovernmental agreements with a local governmental entity other than as set forth above.11.14 subdivision