A New Kind of Economic Development Partnership

North Mare Island Development Proposal From

Elem Indian Colony

A Federal Recognized Indian Tribe A NEW KIND OF ECONOMIC DEVELOPMENT PARTNERSHIP

INTRODUCTION

While this document provides responses to and submissions for the seven-part Vallejo questionnaire for development of North Mare Island, it is also a proposal for a different kind of economic partnership: not between a developer and The City, but between two governments working together with common goals1.

Through this government-to-government collaboration we are striving to achieve an unprecedented, unmatched, economic recovery and a genuine boon for both governments and their people through: • Creation of 4,327 Full Time Employee positions (and even more non-FTE jobs); • $285,617,619 in indirect and induced revenue for existing and new support businesses in Vallejo; • 40,000+ new trips per day into the City from outside Vallejo;

1 Inevitably when developers and governments work together there are conflicts because the goals differ; that is the nature of the entities: developers’ goals are all ultimately related to their earnings and the City’s goals are all

ultimately related to serving the citizens and what is best for the community. In a government-to-government 1 partnership, all parties share the same goals of betterment for the citizens and the community – especially in this

case in which the citizens of Elem become citizens of Vallejo. Page

• More than $154-million in direct earnings (EBITDA) to be shared with the City of Vallejo though a tax-like fee structure.

Elem proposes a mixed-use destination resort for shopping, a retail promenade, dining, nature trails, a conference center, a major entertainment venue, and a quality hotel, all anchored by one of the largest casinos in California. This is not a proposal for a Graton-style slot-machine-warehouse (as recently opened in Rohnert Park), but rather is more akin to San Francisco’s Pier 39 complex with the addition of a world-class casino and preservation and restoration of natural features of the shoreline area.

Despite others’ grandiose dreams of building casinos and somehow creating instant wealth with a plethora of jobs, The Elem Indian Colony Economic Development Authority team is the only Federally- recognized entity that (1) legally has the possibility of fulfilling such plans2, (2) has successfully created such relationships between municipalities and Tribes3, and (3) whose members have a proven track record of developing and operating large-scale projects of this nature4. Further, the Appendix to this document (following page 16) details the special historical circumstances that have put the Elem into the unique position of having the very realistic possibility of having land put into Trust for tribal government gaming without the typical administrative roadblocks and hurdles.

The following pages address each of the seven topics presented in the City questionnaire and simultaneously describe the scope, ability, feasibility, and projections for the project and for this unique and very special partnership between governments.

I. With respect to the development entity, please provide the following information: 1) Overview of the Firm/Organization

The Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California (“Elem”) is a federally recognized Indian Tribe5. Elem, a quasi-sovereign government under federal law, is governed by its Constitution and Bylaws, which have been approved by the United States Department of Interior. By submitting these responses to Vallejo’s Questionnaire, Elem is proposing to enter into a government-to-government relationship with the City of Vallejo for the purpose of creating a comprehensive, high end, multifaceted development in the North Mare Island area of the City of Vallejo and the former Mare Island Naval Shipyard facility that will benefit Elem, the entire Vallejo community, and the natural environment.

2 Because of a unique set of tragic circumstances affecting the Elem homeland, the Tribe has an opportunity that circumvents and bypasses the standard “land-in-trust” debacle so frequently debated in the news lately. See the Appendix to this document. 3 A key member of our team, legal counsel, was at the forefront of the process resulting in the creation of the relationship between the Lytton Band of Pomo Indians and the City of San Pablo and the drafting and passage of the Act of Congress that created the Lytton reservation in San Pablo and authorized Indian gaming there. 4 Project management and design firm Hnedak Bobo Group (http://www.hbginc.com) is one of the largest and most successful resort developers, having created some of the largest and most high-profile casino successes in the

country; also part of the Elem team is Gary Green (www.GaryGreenGaming.com) one of the most written-about and 2 accomplished figures in modern casino gaming (and a former Donald Trump Vice President). 5 . Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices. Page

Elem’s traditional homelands in Lake County, including its present reservation, the Elem Rancheria, are highly contaminated with mercury and other poisonous byproducts of the neighboring Bradley Mercury Mine, which is an EPA Superfund site. In addition to migration of those poisonous materials from the Bradley Mine onto the Rancheria through groundwater, surface runoff, winds and other natural phenomena, during the late 20th Century the United States government moved toxic mercury byproducts onto the Elem Rancheria to raise portions of the Rancheria above the flood levels of Clear Lake. Elem’s members have suffered the results of living with the cumulative effect of that toxic waste for decades and some continue to suffer those effects. Most recently, in litigation brought by the United States EPA against Bradley, Elem was awarded the right to receive several hundred acres of property adjoining the Rancheria. That property, however, has now been determined to also suffer from irremediable mercury contamination.

Because mercury has killed plants and fish and other animals used by Elem’s people for centuries, rendering the Tribe’s traditional homelands worse than useless, and because it has poisoned and continues to poison Elem’s people, Elem is proposing to relocate and establish a new sovereign tribal homeland on Mare Island, pursuant to an intergovernmental agreement with the City of Vallejo and necessary federal approvals.

Two additional key factors making that relocation a realistic endeavor are (1) federal policies regarding relocation of Indian tribes faced with the tragic consequences of EPA Superfund site contamination, and (2) Elem’s eligibility to sell tens of millions of dollars of Internal Revenue Service approved tax-free Tribal Economic Development Bonds. More detailed information is provided below.

2) Description of the firm/organization that is submitting the proposal, clearly indicating whether the development team is a single entity, a joint venture, or a partnership with prime/subcontracting relationships. The overview of the firm should include: a) Name and address of the entity;

Elem Indian Colony is in the process of creating The Elem Tribal Economic Development Authority (“ETEDA”) as a special purpose Tribal governmental entity to accomplish the objectives of both Elem and Vallejo. ETEDA will enter into the government-to-government agreement with Vallejo that will ensure Vallejo’s active participation in all major decisions arising during planning of the development and execution of those plans, and to define the benefits Vallejo will receive from the development, including enhanced public and environmental health and safety, employment opportunities, and revenue sharing in lieu of taxes.

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ETEDA’s contact information is:

Agustin Garcia, Vice Chair

Elem Indian Colony

PO Box 757, Lower Lake, CA 95457

Ph: 707-994-3400; Fax: 707-994-3408

In addition to its intergovernmental agreement with Vallejo, ETEDA will, in consultation with Vallejo, enter into appropriate agreements with providers of funding, services, materials and equipment essential to the planning, creation, and operation of the proposed development. The core team supporting ETEDA at this time consists of: developer Gary Green, attorney Tony Cohen, engineer Curtis Slocum and the architects of the Hnedak Bobo Group, Inc. More information about those team members is provided below.

b) Entity organization (corporation, partnership, proprietorship), state in which the Developer is incorporated or otherwise organized to do business, year in which the Developer first organized to do business, and whether the name and form of organization has changed since first organized;

Elem Indian Colony has had a government-to-government relationship with the United States since before 1934. The Elem Tribal Economic Development Authority will be formally created pursuant to Elem tribal law in March of 2014 specifically for the purpose of entering into a government-to- government relationship with the City of Vallejo and for financing, development, and operation of the Mare Island Project.

c) Name, title, telephone number and e-mail address for the Principal-in-Charge;

Tribal Vice Chair Agustin Garcia will be the Director of ETEDA. His cell phone number is 707-483- 1942 and e-mail address is [email protected]. His office contact information is provided above.

Name, title, telephone number and e-mail address(es) of the individual(s) who are authorized to negotiate and execute contractual documents;

Agustin Garcia, as Director of ETEDA, ([email protected]) and Tony Cohen, ([email protected]) as Tribal Attorney, will be authorized to negotiate and execute contractual documents binding ETEDA and will work in close consultation with the ETEDA’s consultants identified above.

d) Name(s) and address(es) of proposed subcontractors and consultants e.g., engineering firms, geotechnical consultants,

environmental consultants, and legal counsel; 4 Page

Elem has brought together a highly qualified team with personal experience directly relevant to the challenges this Project will present:

Attorney Tony Cohen of Clement, Fitzpatrick & Kenworthy of Santa Rosa, California, has been the Tribe’s general and gaming counsel since 2010, and is an expert in federal Indian law, including the Indian Gaming Regulatory Act, and in intergovernmental affairs and compliance with state and federal environmental laws, including the California Environmental Quality Act, the National Environmental Policy Act, and the Clean Water Act. He has represented many Native American tribes and tribal organizations, and among other things had key responsibilities in the creation of the Lytton Band of Pomo Indians’ Casino San Pablo, including drafting the Act of Congress that resulted in the creation of Lytton’s San Pablo reservation with authorization to conduct Indian gaming on that site, and negotiation and drafting of agreements essential the relationship between Lytton and the City of San Pablo. Please find Mr. Cohen’s experience profile attached for your review.

Environmental Engineer Curt Slocum is a consultant for the Tribe and authored the application for the Tribe’s $100 million Tribal Economic Development Bonds allocation, which has been approved by the IRS and is now subject to renewal. He has had a career as a military and environmental engineer, with experience at Mare Island starting in 1984, as a Naval Officer. Mr. Slocum has extensive experience remediating contamination and redeveloping former military installations, including the Long Beach Naval Shipyard, Key West and Adak Naval Installations, and several Army and Air Force installations. He is a Brownfield Redevelopment Expert specializing in military and federal property development. Please find Mr. Slocum’s experience profile attached for your review.

Casino “guru” Gary Green is a consultant for the Tribe and has worked in the gaming industry for more than 30 years. His background includes a role as Vice President for Trump Hotels and Casinos, and positions of CEO, General Manager, Developer, and Marketing Vice President at casinos in New Jersey, Nevada, California, Washington, Oklahoma, Florida, and a half dozen other states. Please find Mr. Green’s experience profile attached for your review.

In light of the unique history and physical qualities of northern Mare Island and the incredible opportunities they present, the Tribe has recruited Hnedak Bobo Group, from Memphis, Tennessee, a world-class architectural firm with extensive experience with Native American economic development. The Tribe selected Hnedak Bobo, winner of the National Indian Gaming Association’s 2012 Associate Member of the Year award, to ensure an integrated project vision, outstanding aesthetics that work with the unique environment, and the highest possible construction quality. Please find Rick Gardner’s experience profile attached for your review.

e) If a partnership, a statement of the names and addresses of its principal officers; and

Not applicable.

f) If a joint venture, information on each of the parties, consistent with the information requested above.

Not applicable. 5 Page

3) Resumes for all key personnel, including years of experience, projects, and other relevant information.

Attached please find resumes for Agustin and Nick Garcia, and the other members of the Elem Tribal Economic Development Authority team, Elem Tribal Attorney Tony Cohen, Curt Slocum, Gary Green, and Rick Gardner of Hnedak Bobo.

II. Please fully describe the proposed plan for development, including the following information: 1) A brief written narrative of the development concept and how it achieves City goals.

The Tribe is proposing to work with Vallejo to cause the subject property to be conveyed to the United States in trust for the Tribe so that it can, pursuant to an inter-governmental agreement with the City of Vallejo, create on its new sovereign lands pursuant to federal law a mixed-use redevelopment project that will transform the 157-acre Mare Island parcel into a world-class entertainment, shopping and dining venue that includes Tribal governmental and affordable residential components. We believe that the City of Vallejo and Elem Indian Colony each have unique characteristics that will combine symbiotically to create the opportunity to plan and build a 21st-century sustainable city, a healthy, high- tech, visionary community focused on improving the quality of life for all Vallejo residents and all members of the Tribe while providing opportunities for great enjoyment by visitors from the entire Bay Area and beyond.

2) The proposed land use(s), and the identity of prospective users/tenants.

The Tribe envisions a large, modern casino complex as the anchor tenant of the development, but by no means its exclusive attraction. All other aspects of the project, for example hotels, retail stores, restaurants, ferry and water taxi service to and from San Francisco and serving downtown Napa, and a beautiful waterfront park featuring restored native wetlands, will specifically be designed to reciprocally provide support to, and receive support from, the casino and the other businesses. The Tribe believes the entire project should be, in essence, one thriving organism, with each part both feeding and supported by each other part.

The following illustrations show both the specific site plan as well as examples of similarly developed projects:

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3) The general allocation of land uses; i.e., the estimated percentage of office, retail, warehouse, industrial, residential, or other use, with square footages and acreage desired for each use

In our initial feasibility and financial projections the casino-resort complex itself, excluding the lifestyle center, will occupy 25.8 acres of the project space with the following projected allocations:

Casino - Gaming Floor 191,400 square feet Casino - BOH 114,840 square feet Food & Beverage 57,875 square feet Hotel 188,460 square feet Spa 20,000 square feet Conference & Meeting Space 40,500 square feet Events Center 72,900 square feet Retail, F&B 250,000 square feet Hotel 2nd tower 188,460 square feet

The mixed use lifestyle center will be a combination or retail, office, hotels, movie theaters, etc. and will occupy another approximately 250,000 sq. ft. in a “Town Center” concept with retail at the street level,

offices on the upper levels. This is excluding the site improvements for the boardwalk/promenade along 9 Page the water’s edge, the porte-cochere(s), and the gardens, as well as the housing Tribal residential complex.

4) The general parking requirements anticipated.

Parking Garage 3,000 cars Surface Parking - Casino 1,400 cars Surface Parking - Lifestyle 833 cars

5) The timing of the proposed construction, including a rough phasing plan.

We envision following this path to success with City officials and staff:

1. Submit this Response 2. Receive reply from City 3. Work with City staff to make any necessary revisions to the Tribe’s Response to address any City concerns 4. Negotiate with City to achieve comprehensive intergovernmental agreement 5. Acceptance by City of Tribe’s Response and approval of the intergovernmental agreement 6. Working collaboratively as a team, the City and ETEDA will create a detailed conceptual design of development 7. Working collaboratively as a team, the City and ETEDA will identify experienced and qualified developers and financiers and ETEDA will enter into binding contracts with them 8. Create pro forma of development 9. Determine sequencing and phases of development 10. Create specific detailed development plans 11. Land to Trust a. Act of Congress – 3-6 months or longer b. Land conveyed by City to US in trust for Tribe 12. Commence development entitlement process pursuant to intergovernmental agreement between Tribe and City 13. Conduct all necessary environmental review 14. Commence IRS tax exempt bond financing 15. Infrastructure Design and Construction 16. Development Design and Construction by Phase 17. Open Development for Business with Coordination with ongoing Construction by Phase 18. Multiple Ribbon-Cuttings

The planned total investment.

Our projected development/construction costs are approximately $471,961,667. This number excludes the costs of slot machines (an additional approximately $55,500,000), casino cage

financial requirements, casino regulatory FF&E (including surveillance), and operational cash-on- hand. 10

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Specifically, that $471,961,667 breaks down as follows:

Casino Resort Construction Cost Casino - Gaming Floor $99,565,000 Casino - BOH $28,710,000 Food & Beverage $23,687,500 Hotel $62,500,000 Spa $11,250,000 Conference & Meeting Space $15,187,500 Events Center $38,745,000 Subtotal $279,645,000

Lifestyle Center Retail, F&B $58,125,000 Hotel $14,375,000 Subtotal $72,500,000

Parking Parking Garage $45,000,000 Surface Parking - Casino $4,900,000 Surface Parking - Lifestyle $2,916,667 Subtotal $52,816,667

Sitework Hotel Pool & Gardens $3,000,000 Retail Promenade $5,000,000 Hotel Promenade $3,000,000 Wetlands Park $25,000,000 Landscaping $5,000,000 Grading and UG utilities $25,000,000 Off-site Improvements $1,000,000 Subtotal $67,000,000

Project Total $471,961,667

6. The projected number of jobs, both temporary (i.e., construction) and permanent.

Our jobs and economic impact projections are based on future stabilized operations and take into account an economic model of output-input (output from one sector may become an input to another sector: both as a customer of outputs from other sectors and as a supplier of inputs). Using that modeling, for the purpose of this question we project the following:

. Direct jobs: 2,857 operational jobs (at Graton 900 new jobs arose just from dealer school) and at very least 1,470 construction jobs (though at Graton the number was 2,200);

. Indirect jobs: Business to Business; services to project, suppliers, laundry, 11 etc.; jobs not paid by the project. (At Graton, more than 1,500 California- Page

based companies, have been utilized to provide goods and services to the Casino, pouring millions of additional dollars into the local economy);

. Induced: Consumer to Business spending by visitors and the employed locals; lunch for construction workers, gasoline, etc.; jobs created by that spending.

All said and done, we project:

• Creation of 4,327 jobs (about 6% of the working-age population of Vallejo); • In addition to the casino revenue, $285,617,619 in indirect and induced revenue (explained later) ($113,452,435 indirect and $172,165,175 induced) for existing and new non-gaming businesses in Vallejo; • 40,000+ new trips per day from outside Vallejo6

7. Projected sales, property and utility user tax revenues that will be generated from the project to the City of Vallejo.

The casino/resort alone is projecting an EBITDA pre debt-service and fees of approximately $154m annually versus the noted project cost of $500 million ($441,449,167). While sovereign Indian land is, of course, tax exempt, our legal counsel has a successful track record of creating alternatives to taxation to benefit municipalities in excess of what taxation of a typical developer’s project would be. We anticipate such an arrangement with the City of Vallejo to meet and exceed what would typically be revenue to the City for such a project.

8. Examples of similar projects completed by the project team, including locations, dates of construction, photographs, and point of contact within city/county.

The benefit and strength of assembling the team which we have in place is the broad successful history of like projects which include design, development, management, construction, legal navigation, and operation of similar projects including: Hard Rock Cafe New Orleans, Ft. Sill Apache Casino Hotel, Four Winds Casino Dowagiac, Four Winds New Buffalo Casino Resort, Four Winds Hartford Casino, Seven Clans Hotel at Coushatta Casino Resort, Gaylord Palms Resort and Convention Center, Gaylord Texan Resort and Convention Center, Westin Memphis Beale Street Hotel, Sycuan Casino, Northern Quest Resort and Casino, Wind Creek Casino and Hotel, Harrah’s Cherokee Casino Resort, Potawatomi Bingo-Casino, Riverwind Casino, Greektown Hotel and Casino, Little River Casino Resort, Oaklawn Jockey Club, Prairie Band Casino Resort Hotel and Conference Center, Winstar World Casino Resort, San Pablo Lytton Casino, Trump29 Casino, Trump Taj Mahal, Trump Marina, Trump Plaza, Resorts International Atlantic City, The Sahara Casino Resort Las Vegas, Ottawa High Winds Casino, Thunderbird Wild-Wild West Casino, Lil Vegas Casino, Kewadin Casino Lansing, Glacier Peaks, and dozens more.

12 6 A study of the Lytton project showed the casino generated 13.6 new car trips per day per slot machine; with our

3,000 machines we would generate an additional 40,800 trips Page

These projects are a portion of the portfolio of different entities of the team assembled by the Elem Indian Colony Economic Development Authority.

9. Current projects in the design or development phase and capital commitment required of the Respondent for each.

This is the only project projected for the Elem Indian Colony Economic Development Authority, which is being put together specifically as the government-to-government entity for this project.

III. Please describe your firm’s experience working with contaminated or formerly contaminated properties (i.e., brownfields), including experience your firm has working with the California Department of Toxic Substances Control, Regional Water Quality Control Boards, and the United State Environmental Protection Agency and especially and work on former military bases. Identify key staff members and/or consulting firms.

Curt Slocum has investigated and remediated hundreds of contaminated sites in his 30+ years of professional experience. His experience includes Federal Superfund Sites, State of California sites, and active and former military bases for Department of Defense and the Services (Navy, Army and Air Force). He has held positions as Senior Vice President for two international engineering firms specializing in brownfield remediation and redevelopment and has served as Director, US Federal Programs for a third international engineering firm. He is both known and respected by the California DTSC and the Regional Water Quality Boards and the US EPA.

Tony Cohen has worked with Regional Water Quality Control Boards, local planning agencies, California Department of Fish and Game, and other governmental agencies in connection with the remediation of ground water contaminated by leaking underground storage tanks. He has also advised developers to ensure their compliance with CEQA and NEPA, and to assist them in obtaining necessary government approvals for a wide variety of projects. His work includes litigating those issues when necessary.

IV. Please describe your firm’s experience with property transactions on former military bases. Identify key staff and/or consulting firms, including legal counsel, title company staff, and engineering firms for those projects.

Mr. Slocum has personally managed technical environmental planning and remediation operations on more than 15 military installations, in some cases assisting the Navy, Army and Air Force with sales of such properties for non-military use, and in some cases serving buyers of such properties. He has also served in the same capacity on more than 25 Federally Utilized Defense Sites (FUDS).

V. Please describe your firm’s experience in working with any of the following State or Federal agencies, specifically focusing on what you would consider to be “successful” transactions:

1) California Department of Transportation (Caltrans)

Tony Cohen successfully negotiated a 3-way contract between the United States, a federally 13 recognized Indian tribe, and Caltrans providing for the connection of on-reservation road systems to the Page

interstate highway system to serve a new Tribal casino. He has also successfully negotiated numerous agreements with Caltrans in connection with non-Tribal projects.

2) California State Lands Commission 3) United States Department of Fish & Wildlife

Tony Cohen has worked with U.S. Fish &Wildlife primarily in the context of achieving legal compliance with the Clean Water Act and the National Environmental Policy Act for wetland and endangered species protection and remediation, both in the Tribal and non-Tribal contexts.

4) Bay Conservation and Development Commission

VI. With respect to your development proposal, please describe its relationship and consistency with the following key documents, including a description of any anticipated amendments:

1) The Mare Island Specific Plan

The Mare Island Specific Plan was enacted by the City of Vallejo to govern redevelopment of the Island in a way that manifests a long-time vision of the people of Vallejo: “That vision is to create new, well-paying jobs and to restore to Mare Island the vitality that it brought to Vallejo . . . .” Mare Island Specific Plan 2007, Section 1.1. That is exactly what Elem proposes to do, albeit in a slightly different context. Because federal law will not permit the development or operation of tribal government gaming unless the subject land is owned by the United States in trust for the Tribe, Elem envisions that “fee-to- trust” transfer occurring at the earliest possible time in the development process. Once that has occurred, the Mare Island Specific Plan will technically not apply to the new “tribal trust lands.” That does not mean, however, that Vallejo will lose control of the use of the subject lands because Elem is proposing to enter into a binding, enforceable intergovernmental Municipal Services Agreement with Vallejo that makes Elem and Vallejo partners in determining the use of the subject lands and in ensuring that their mutual decisions are effectively implemented. This process will actually provide Vallejo City officials and staff greater flexibility to implement their visions for Mare Island than they currently have under the Specific Plan.

The portion of Mare Island to which this Response to Questionnaire applies is referred to in the Specific Plan as Reuse Area 1A, North Island Industrial Park. As pointed out in Section 4.10.1 of the Specific Plan, “The relative absence of historic resources enables Reuse Area 1A to be comprehensively redeveloped with new buildings.” That is what Elem proposes to do, while working with Vallejo to ensure that the design of those new buildings complements the historic features elsewhere on the Island. Section 4.10.1iii notes that

“At the far northern end, between the pier and the Causeway, there are wetlands to the east which include a habitat conservation area. There will be a public promenade traversing the length of the area . . . .” “This public access is intended to connect the pedestrian access points onto the pier and the Causeway.”

That is entirely consistent with Elem’s vision for that area, preserving precious wetland habitat while creating a beautiful, natural and educational experience for those walking through the area. And, as set forth in Specific Plan Section 4.10.1ii, Elem’s plans will ensure that “a public access trail will be incorporated into . . . development along the east edge of Reuse Area 1A from the Causeway to the 14

pier.” Elem also endorses Specific Plan Section 5.5, State Route 39 Interchange, and intends to do Page

whatever is necessary to ensure that “[t]he State Route 37 and Railroad Avenue interchange will continue to serve as the northern truck and automobile access to Mare Island.”

Elem appreciates that Specific Plan Section 8.3.1 acknowledges that “it is understood that implementation of the total development program for the Specific Plan Area . . . will require a defined range of flexibility for final adjustments in the land uses and amount of development planned for individual Reuse Areas.” Elem is confident that in light of that flexibility, Vallejo officials and staff and Elem officials and staff will succeed in responsibly exercising their creativity and their judgment to achieve the visions of both governments for the benefit of the community of Vallejo as well as Elem’s tribal members.

2) The Environmental Impact Report for the Mare Island Specific Plan

Through its “Reuse Area 1A Increased Development Alternative,” page v18, the Environmental Impact Report for the Mare Island Specific Plan addresses the possibility of significantly larger development than what is generally envisioned in the Specific Plan Draft Subsequent Environmental Impact Report. That larger development alternative is consistent with Elem’s vision for the land. Once Vallejo and Elem have agreed on the necessary exhaustive development plan, Elem will provide it to the United States as part of its fee-to-trust application. Doing so will trigger federal review of the plan under the National Environmental Policy Act (NEPA), ensuring that all environmental issues are thoroughly evaluated, understood and acted upon.

VII. With respect to financial resources, please provide the following: 1) A three-year budget which details the source of short-term capital needed to address pre- development costs, and other expenses. 2) A description of conditions and approval necessary to access long-term capital, and the anticipated source of this capital. 3) A personal financial statement and most recent federal tax return for the controlling individuals of the development entity (to maintain privacy, this shall be given to a third party outside the City for analysis). Alternatively, an audited corporate financial statement and most recent federal tax return for the substantive economic entity can be provided. 4) Any description of any previous experience applying for and receiving grants, including matching grants.

Because the development entity, ETEDA, is a government entity rather than a conventional development company, the financial resources are different from what a developer would (or could) offer. Specifically: (1) The short-term budget for this project is merely funding internal government operations for the Tribe, and as such is not line itemed; moreover, the key personnel listed herein are working on spec and hence there is no immediate budget there either. (2) The conditions and approval process are exclusively dependent on the process of getting the land into federal Trust on behalf of the Elem. Once that is accomplished there are two sources immediately available for financing: the $100-million tax free bonds and traditional casino financing (Native American departments of KeyBanc, Wells Fargo, and others that have expressed interest. (3) There are no

personal financial statements or tax returns for the government entity of Elem; the Tribe is tax 15 Page

exempt. (4) Grant monies, while often a hold-out hope for some developers are not at issue for this project. Moreover, grant monies are generally not available for gaming projects.

APPENDIX BY VICE CHAIRMAN AGUSTIN GARCIA

The following Appendix is a first-person narrative from Agustin Garcia, Vice Chair of The Elem Indian Colony. Mr. Garcia explains his people’s historical connection to their Clear Lake village and how those sacred homelands (now part of an EPA Superfund site) were desecrated by greedy miners and by the United States government, poisoning his people and virtually destroying many aspects of their historic culture. The legal and ethical duty of the United States to set right this tragedy requires Congressional action creating a new homeland for the people of Elem: North Mare Island.

An Ancient and Spiritual Lake Culture.

The Elem Indian Colony, also known as Sulphur Bank Rancheria of Pomo Indians, is a federally recognized Indian tribe. Our small reservation is located on the site of our ancient fishing village on the southern shore of Clear Lake near Clearlake Oaks, Lake County, California. Anthropologists estimate that Pomo people moved into this area sometime in the last 12,000 years, but according to our oral tradition, passed down from one generation to the next, our people have occupied that land for hundreds of thousands of years. To our people, the Lake is the source of all life and it was a gift to us from our Creator, who made us caretakers of the Lake, everything within it, and all the land that surrounds it, forever. We are the human manifestation of the Lake, and we have existed from the time that the Lake was created.

Pomo people have been dependent upon the Lake since time immemorial, taking only what we need to sustain ourselves. One of the most important things the Lake produces is tule reeds. Before the Lake was poisoned by invaders, our people gathered the reeds for food, eating the tip of the tule that is buried in the root, submerged under water. Once we ate the “meat” of the tule we used the rest of the reed to make tule huts, tule boats or balsas, skirts, sleeping mats, dolls, decoy ducks for hunting and many other items.

One of the most important things our people make from the tule is our ceremonial regalia for the sacred Kuksu ceremony. Large bundles of tule are tied together in the shape of a horseshoe and placed on the heads of the dancers. Once the reeds are in place, a series of willow sticks that have been stripped of their bark and decorated with feathers from a specific bird are inserted into the bundle, creating the image of a large headed deity. This dance is performed for the renewal of mother Earth, and specifically for renewal of the Lake, so that it will continue to sustain our people forever.

Contamination, Poison, Stolen Land, and Destruction of Our Way of Life.

Our ability to live as one with the Lake, and to freely but respectfully use all it provided to us, fish, tule, and many other things, changed when a pioneer family, with money as their sole objective and no consideration of the effect upon our people, took the land adjacent to Elem and began mining for borax in 1856. By 1875, they expanded their mining to mercury, using an open pit method. When Elem

villagers moved to Rattlesnake Island, just offshore from the Elem village, to try to avoid the hostile non- 16 natives, the miners moved their toxic mercury mine tailings onto the Elem village site, forever poisoning Page

our ancient home. Our people suffered through this torment for over 100 years, traveling back and forth between Rattlesnake Island and the Elem village until 1969, when the Department of Interior, our federal trustee, finally became involved with the Tribe.

In 1969, most of Elem’s people were living in tents or shacks on both sites, Rattlesnake Island and Elem. Eight months after Calvin Brown and his siblings protested at the State Capital, demanding homes for the tribal people of Elem, the Bureau of Indian Affairs (BIA) finally sent federal officials to Elem for a site visit. At that time, the villagers were informed that homes could not be built on Rattlesnake Island, and must be built only at Elem. When the Tribe asked what would happen to the Island, the BIA reassured our people that the Island would remain ours. The BIA also told the villagers that BIA would provide adequate housing for the Tribe, but only if the Elem site could be raised above flood level. To accomplish that, the BIA caused contaminated mercury mine tailings from the Bradley Mining Company to be brought onto Elem’s lands to elevate the land, further poisoning the traditional Elem village site.

After the homes were built by BIA, most of the villagers left the Island due to the enticement of the new homes. This was a fatal mistake! We lost the Island to a non-native who claimed the land as his own under California law. The BIA never asserted its federal authority to even attempt to help us recover the Island, where one of Elem’s oldest sacred Round Houses was blessed and used for thousands of years until the supposed new “land owner” destroyed it. Further, of course, the Tribe’s only remaining land, the Elem village, was now deeply and irrecoverably contaminated with mercury, one of the most dangerous poisons on Earth.

RIGHT: The gate to the EPA Superfund adjacent to the Elem homeland and current housing.

BELOW CENTER: The once-lush lake front of Elem land which is now contaminated so badly that bedrock flakes off in a fine powder; the earth has turned to poisonous sandy mine-traces; and the plants, fish, and wildlife have died.

Page

Extensive scientific studies have established beyond question that the soils at the mine property, now an EPA Superfund site, the Elem reservation, and even much of the surrounding land recently allocated to Elem in supposed settlement of its claims against EPA and the Bradley Mining Company, are contaminated with high levels of both mercury and arsenic. Surface water and groundwater that discharge from the site contain high levels of those poisons and contaminate the natural wetlands to the north of the mine property and the water and sediments of Clear Lake. Because mercury bio-concentrates in the Clear Lake food web, fish and other biota in Clear Lake are contaminated with even higher levels of mercury.

Mercury Poisoning of the Elem People.

One of the major health threats now plaguing our traditional home lands and our people is exposure to levels of mercury that are in excess of the Federally recommended limits. Just as we can no longer safely use our tule reeds, we can no longer eat the Lake’s fish, upon which we have relied forever. In addition, people who come into direct contact with contaminated soils, surface water and sediments may ingest mercury and arsenic at levels that cause adverse health effects. And, of course, contaminants that leach into the nearby wetlands expose biota of all kinds to harmful discharges of mercury and arsenic.

In March 2009, warnings were finally issued against fish consumption due to mercury contamination in Clear Lake, with special warnings for pregnant women. Until those warnings were issued, however, Elem’s people did not have access to adequate information about the health effects of mercury contamination, especially for pregnant women, or the risks of eating different types and amounts of fish. Without that knowledge, we also lacked the means to pressure state and federal officials to begin clean up. Our people have been systematically denied their “Right to Know” about this serious health situation and have suffered the ill effects of that lack of knowledge.

The most serious impacts of mercury upon human health are to the brain, kidneys and nervous systems of unborn and nursing babies and young children. Indigenous children from fishing communities like Elem are among the most affected. In 2000, the National Academy of Sciences concluded that there is “little or no margin of safety” for consumption of mercury by women of childbearing age. And yet this is what Elem’s people have been exposed to as a result of the actions of private parties and the United States government.

State blood tests on 44 volunteer adult tribe members in the 1990s found elevated levels of mercury. The average level was three times higher than the level found in people who do not eat tainted fish, and regulators identified one man they acknowledged was at immediate risk of brain damage or other harm. The EPA determined that the mercury levels on the Tribe’s land were a serious enough threat for the Agency to declare the property a Superfund Site and spend millions of dollars removing some of the contaminated dirt from the Colony's homes and roads.

Many of our people have moved from Elem, leaving about 60 people in what was once a community of more than 200. As just one example of the damage the mercury has caused our people, one Tribal member, 31 years old, has said that as a child she ate Lake fish, swam in the turquoise waters

of the mine waste pit and played on mercury-tainted mine waste piles. "When I was pregnant, I drank the water," she said. "When I was breast-feeding, I worked as a laborer during some of the (mercury)

cleanups.” Even though the CDC says high levels of mercury can cause brain damage and mental 18 retardation in children when passed from mother to fetus, no one from BIA, EPA or any other Page

responsible agency warned her against that. Her son has been diagnosed with autism.

Our people have suffered far too long and can no longer endure the anguish and hopelessness that has been placed upon us. We still perform our ceremonies today but the fish we have depended on for hundreds of thousands of years are no more; the birds that we praised and borrowed feathers from for our ceremonial dances are only figments of our imagination; and the Lake and her tule reeds have been left to dwindle and die just like the people of Elem. We deserve to be relocated from this EPA Superfund site in order for our future generations to exist in good health.

For ourselves and for our future generations, our people are committed to recovering and protecting our health, restoring and maintaining our traditional ways, and in all ways prospering. We believe that as the Trustee of all Indian people under long-standing federal legal principles, the United States has a fiduciary duty to our people to help us create a future that will foster our accomplishment of those goals. We also believe that once our partnership with Vallejo is established, the United States, rather than making us take a confrontational approach regarding what we believe to be the federal government’s breach of its trust obligations to Elem, will help both Elem and Vallejo by enacting the Act of Congress we need to make our mutual vision for Mare Island a reality.

19 Page

gary green resumé / c.v.

Casino “guru” GARY GREEN is one of the most written-about figures in modern casino operational and marketing circles. A former Donald Trump vice- president, he is recognized as a cutting-edge innovator, casino operator, debt and equity financing packager. author, frequent speaker at gaming trade shows, and an unsurpassed casino industry marketing icon. A mentor and trainer for developing casino staffs, Gary Green is known for business analytics; competitive and risk intelligence; marketing analytics; predictive modeling; emerging technologies; improving organizational, financial and operational performance; as well as legendary marketing excellence.

Author of best-selling book “Gambling Man” (soon to be a major motion picture) as well as the Amazon- published, “Marketing Donald Trump,” Gary Green is seasoned in casino general management, analytics and development, as well as slot manufacturer company growth.

Gary Green’s resume/CV follows.

5030 Champion Blvd. Suite G-11#401 Boca Raton FL 33496 702-527-8247 | [email protected] 1

PROFESSIONAL EXPERIENCE

Ortiz Gaming Boca Raton, FL Senior Consultant to the President and CEO February 2012 – to date Special advisor to the President and CEO of Ortiz Gaming; the world’s largest electronic bingo (Class II) manufacturer, operating in Latin American, Europe, Asia and now entering the USA market. Highest ranking position in company below CEO, providing direct advice and coordination of the overall company functions of new product development, logistics, supply chain & manufacturing, legal & compliance, sales & marketing, customer relationships, consumer marketing, and financial performance. Duties include:  Introducing the company to the American slot floor design, and the complexities of NIGC/IGRA regulatory demographic/psychographic of American processes, game certification, Tribal slot players, and the marketing of games to licensing, casino policies and procedures, players. and the culture of Indian Country;  Speaking at conferences, trade show  Market analysis; Establishing sales seminars (Southern Gaming Summit, territories, sales pitches, and support Oklahoma Indian Gaming Association, materials (including designing par sheets); G2E, NIGA, etc.), media interviews, and Setting quotas, goals, and methodologies public appearances on behalf of the for the “commercial team” (sales). company (on the “Bingo Is Back” topic and  Designing financial models, writing and theme); reviewing contracts, coordinating licensing  Lab liaison (GLI, Farley, etc.) to transition process as well as game compliance; to Class III and commercial gaming;  Training staff in the history and evolution of American slot machine math, effective

SIMULTANEOUSLY: The Gaming Group/ClearPath Partners Boca Raton FL, Las Vegas NV, Detroit MI (and other locations) Managing Director (Chief Marketer/ Casino Developer) October 2010 – to date Review operations, finances, performance, and management of existing and new casinos for various investment groups; making recommendations and providing due diligence in both Indian Country and commercial gaming. Recent development projects include: o La Jolla Band of Luiseno Indians (with o Proposed Lansing Casino (on behalf of the Mohegan Sun Tribal Gaming developer for the Sault Ste. Marie Tribe of Authority; Chippewa Indians); o Trump Plaza Hotel & Casino; o Frank Sinatra’s Cal-Neva Lodge, Resort & o Elem Tribe; Casino o Kashia Band of Pomo Indians; o Binion’s Casino Las Vegas o …and others  Sourced and executed M&A deals including sell-side and buy-side M&A, leveraged buyouts, and debt and equity financings; prepared valuation analyses, merger and LBO models and client presentations;  Created competitive intelligence, marketing analytics, predictive modeling as well as group sales, transient sales, revenue management, public relations and marketing activities for multiple casino and resort properties;  A frequent speaker at casino-industry trade shows and conferences (recent appearances include: Oklahoma Indian Gaming Association: “What Is New In Class II”; and BingoWorld: “Revisiting the Metlakatla Decision and How Class II Can Change The Casino Floor Paradigm.”

 Registered lobbyist providing frequent industry testimony before local, state, and national legislative bodies; as well as professional “expert witness” in gaming cases (on behalf of The Florida Department of Law Enforcement, The U.S. Department of Justice, Homeland Security, and other agencies).

Warrior Gaming Associates (WGA) Las Vegas NV CEO January 2011 – October 2011 Chief Executive Officer and co-founder of Native-owned slot machine manufacturer and distributor. Focused on game creation, market development, and financing, created active projects in the United States, South American, the Caribbean, Canada, and several Native American sovereignties before selling the start-up technologies for a “build it and flip-it” business model.

Synergy Gaming/ Alabama Circuit Court Hollywood, FL & Birmingham AL Executive Vice President / Casino General Manager January 2009 – October 2010  Created new regulated gaming division (Class II and Class III) for long-time AWP manufacturer/distributor and performed a variety of slot machine manufacture functions including creating math structure for pay tables (not merely recommending pay tables, but actually structuring game math); liaison with independent testing laboratories; game placement at multiple properties across multiple jurisdictions.  Built a new casino management division from the ground-up. Recruited, hired, trained, and led a new group to drive future innovation and produced new products that enabled the business to scale rapidly;  Conducted market research, focus groups, and gathered client feedback. Developed product strategy, set roadmaps, defined feature sets, and articulated positioning;  Constructed 5-year financial projections for use in lender presentations; created LBO models showing potential returns;  Court-appointed casino General Manager to bring closed-down, financially troubled, casino back to competitive dominance…and profitability;

Penny Arcades / Lil Vegas Gaming Boca Raton, FL & Las Vegas NV Casino Owner/Operator March 2007 – January 2009  Created from scratch the most “Vegas Style” casino in Florida’s all-slot machine redemption (AWP) casino market, in the midst of a competitively intense landscape (22 casinos within a 20-mile radius including three mega casinos);  Created policies and procedures, personally hands-on operated (and trained staff) through entire operation from daily & audit to facilities build out, to slot floor design, marketing, and every aspect of operation.  Acquisition identification for hedge-fund gaming group.

Old Vegas / Southern Dutch Gaming Las Vegas, NV CEO; General Manger; Chief Marketer; variety of assignments via consulting-management group Nov 2005 – Mar 2007  General Manager Glacier Peaks Casino (Blackfoot Nation) Browning MT (March 2006-March 2007) o Took over development of new casino and created largest casino (and only racino) in Montana. o Developed “creative secondary financing” program after Tribe’s initial funding fell short.

o Created all departments, hired 200+ staff members, created job descriptions, training programs, organized gaming floor, chose vendors, created bus marketing program, took small Tier A bingo hall to Tier C casino. o Wrote P&P’s (extensive knowledge of compliance and regulations) and provided training in every aspect of casino from surveillance to drop & count to slot floor, internal audit, food & beverage, table games, finance, inventory & procurement, budget, facilities… personally hiring and training raw staff. o Created cutting-edge Asian-marketing program by working with slot manufacturer to custom- design machine themes, glass, and reel-strips to my specs for targeted Asian market; formulated Asian-casino style “rolling chip” program for table games.  Chief Marketing Officer & Developer High Winds Casino (Ottawa Nation) Miami OK (Nov 2005-Mar 2006) o Wrote Tribal Internal Controls for Gaming Commission approved by NIGC; o Created, from scratch, budgeting and start-up for Ottawa Tribe of Oklahoma’s High Winds Casino serving four-state market; o Gaming and casino consultant for tribe, business committee, gaming commission, and developers; o Hired and trained staff —including General Manager, determined game mix, negotiated with vendors, picked surveillance systems, IT systems, POS, GL, back office, insurance, F&B. Organized all pre-opening activities; o Trained Gaming Commission.

Thunderbird Wild Wild West Casino Norman, OK Casino General Manager / Tribal Gaming CEO April 2004 – November 2005  Instrumental in obtaining first gaming compact between ANY Tribe and the State of Oklahoma.  Increased revenue by more than 59% over previous year & created first-ever tribal distribution(s) (per capita) from Casino revenue.  Created convergence strategy toward commercial gaming, moving gaming from tribal politics into a federally chartered corporation (subsection 8-A tax benefits).  Created and directed acquisition strategy to buy/operate non-IGRA commercial casinos. Created a tribally owned management company to operate casinos for other tribes;  Responsible for reorganizing and then day-to-day management of all operational and non-operational departments;  Implemented a marketing-driven restructuring based on four steps: (1) getting the right management team; (2) reviewing all costs; (3) focusing on the core business; and (4) creating an actual strategy for tribal gaming  Brought first Class III gaming to Oklahoma; brought first legal Blackjack and Poker to Oklahoma and produced nationally-renowned Quarter-Million-Dollar Blackjack Tournaments.

Trump Hotels & Casinos / 29 Palms Band of Mission Indians Palm Springs, CA Vice President of Marketing and Player Development November 2002 – April 2004  Moved property from consistent $35-million monthly coin-in to consistent $100-million monthly coin-in and from having only one $5-million day in three years to constant $5-million days every weekend.

 Re-defined marketing methodology to cement casino as premier property in a market that had more direct competitors than the Las Vegas Strip;  Public face of casino promotions, advertising, public relations, billboards, and Television;  Heavily focused on strategic planning, property margin, and coin-in to margin ratio though analytical planning around key indicator reports;  Day-to-day operational hands-on management of player development (host system and junior hosts/ambassadors), promotions, slot club, call center, PBX, valet, transportation, advertising, P.R., database management, direct mail, entertainment, box office, high roller room, promotions, customer service, and all operations of casino other than gaming, security, and (including some F&B);  Creation and redefining direct marketing program to state-of-the art personalization, R/F/M selects, and highly successful consumer segmentation;  Managed and honed world-class entertainment venue and concert hall;  Prepared and delivered Tribal P&L presentations for marketing;  Represented Trump, the casino, and The Tribe at various public functions;  Responsible for creation of Internal Controls for all promotions and events and obtaining Gaming Commission approvals.

LogicComps / e-shortcut New York, NY & Las Vegas, NV Marketing Developer & Player Tracking April 1999 – November 2002  Co-founder & patent-holder for company focusing on marriage of direct-marketing technology with the casino gaming industry;  Conceptual consultant to Mirage Resorts, Mandalay Resort Group, and Bill Bennett’s Sahara for players’ club technology enhancements — pioneering the “one-card” systems;  Strategic advisor and planner for properties considering expansion, new markets, or capital investment;  Co-creator of Class II and Class III casino accounting, management, and player tracking solution to communicate between disparate slot vendors;  Technical consultant to operators of the Times Square Hilton, and New York Embassy Suites, the nation’s largest publicly-traded commercial real estate development company (Forest City Ratner Division of $1.5- billion Forest City Enterprises) creators the shopping experience (and original concept) for Las Vegas’ Venetian Hotel & Casino;  Work with top (Aristocrat/Oasis) gaming technologist to develop targeting CRM system for slots, table, and POS consolidation of data to fit patent-pending operational management plan.  Division President for Publisher Inquiry Services o Concurrent with LogicComps position served as Division President for direct marketing company dropping 20-million catalogs annually; o Creator and co-patent holder for targeted consumer direct marketing and CRM techniques directly applicable to the gaming industry.

Smith-Gardner & Associates Delray Beach, FL E-commerce Division Director November 1996 – April 1999  Creator of direct marketing CRM and ERP solution now in use by 25% of all catalog direct mail companies in the world and 5% of all e-commerce on the planet;  Part of the leadership team of a highly successful IPO to become a public company;

 Intimately involved in the day-to-day operations through consultative sales with leading direct marketing companies, devising targeting and e-business strategies for entering the 21st century  Twice finalist for BEST OF COMDEX technology show; 300% increase in sales; full P&L responsibility, evangelical selling, and large staff management; More than 250 corporate customers used my direct- marketing methodology; more than 20% of the Fortune 500.

EuroCircus & Casino / Johnny Appleseed Productions Myrtle Beach, SC Casino Marketing & Magazine Publisher November 1993 – November 1996  Euro-Circus project o Arranged for purchase of world famous circus brand (and performers) and transformation into a resort and casino complex; o Built resort destination from conception, through construction, to operation; o Targeted 12-million-plus tourists to destination annually through highly-targeted marketing-based overall management methodology; o Created a successful co-marketing relationship between previously disjointed restaurants, hotels, and entertainment attractions to combine entertainment, gaming, hospitality, convention, and food & beverage into one “package” for data sharing, targeting, in increased sales.  Johnny Appleseed Productions o Published/managed a 250,000 circulation tourism magazine to drive traffic; o Consultant to Philippines Government (pre-Pagcor) for strategic planning, finance, and then construction of an entertainment, gaming and tourism attraction for centennial celebration; o Creator of Myrtle Beach Aquacade (entertainment venue) through strategic planning, finance and pre-construction.

Sht Creek Casino Baltimore, MD Marketing Developer & Player Tracking February 1990 – November 1993  Contracted table gaming operations (blackjack, poker, pull-tabs, and roulette only, no slots) for unions, churches, fund raisers for non-profit organizations;  Ran food & beverage concessions and bars at both Maryland limited-license gaming locations and non- gaming locations; Full F & B management from hands-on preparation to inventory, menu, and marketing.

Willie Maizer Casino Tours Atlantic City, NJ Director of Marketing, Sales and Player Developer December 1980 – February 1990  Handled marketing for daily grind-tour and high-end slot buses from Washington, Baltimore, and Philadelphia to Atlantic City casinos;  Intimate involvement in legislative process for the Shumway/Udall bill laying groundwork for the 1988 Indian Gaming Regulatory Act.

Resorts International Hotel & casino Atlantic City, NJ Marketing Representative (non-licensed junkets) December 1979 – December 1980  Responsible for filling 100+ buses DAILY from metropolitan Baltimore and Washington, DC to deliver players to casino; Responsible for filling two to three high-roller junket buses per week; Responsible for delivery of one “whale-trip” monthly to Paradise Island (Bahamas);  Acted as a Casino Host with “pencil” power

EDUCATION, CERTIFICATIONS, AWARDS & HONORS Education Certifications & Training:  University of Nevada Las Vegas, International Gaming Institute, G2E Training Certificate  Casino Management Association, Biloxi Mississippi Management Series  Oklahoma Association of Casino Regulators, Gaming Commissioner Training  Fast-track graduate joint program Johns Hopkins University, Morgan State University, Towson State University: Philosophy  University of Tennessee: Journalism

Awards, Publications, and Reviews:  Casino Journal Magazine: “A (marketing) Magic Man... with Barnum-like vigor. It is hard to argue with a strategy that has increased casino revenue by 59.1%.”  Casino Enterprise Management: “Gary Green, one of the most successful and best-known gurus in the gaming industry.”  Indian Gaming Business (the official publication of the National Indian Gaming Association): “Class Act, Gary green has brought Las Vegas flamboyance –and big profits to Indian Country.”  Author of best-selling casino “insiders” 400-page book “Gambling Man” (ISBN 978-0615266978 www.GamblingManBook.com) soon to be a major motion picture (see next page)  Recently published by Amazon Kindle “Marketing Donald Trump” (ISBN 978-0-615-40454-7 and http://www.amazon.com/Marketing-Donald-Trump-ebook/dp/B0043GX9W8/);  1999 landmark “A Marketing-Based Casino Operational Management Plan” which introduced the first “one-card” player tracking methodology for major properties in Vegas (including Mandalay Resorts, Mirage Resorts)… has served since as THE textbook for establishing an effective targeting and segmentation program for Casino marketing;  Award-winning casino Television spots (can be viewed at: www.garygreengaming.com/Gary_Green_Award_Winning_TV_Spots.htm)

PLEASE EMAIL FOR REFERENCES (FULL CV/RESUME also available on interactive CD or at www.GaryGreenGaming.com)

8 rick gardner, AIA professional experience As Principal and Practice Leader of Hnedak Bobo Group (HBG), Rick Gardner, AIA, is an accomplished project and business leader in the firm’s nationally recognized entertainment and hospitality design specialization.

For over 30 years, he has successfully directed complex teams from pre- design through client occupancy on an array of technically challenging and programmatically intricate projects from coast to coast. Some of Rick’s most notable projects include the $500 Million Gaylord Texan Resort and Convention Center located in Dallas, Texas - one of the most successful private convention center resorts in the U.S. meetings and conventions industry; the G2E Casino Design award-winning, four diamond-rated Northern Quest Resort and Casino in Spokane, Washington; and the G2E Casino Design award-winning education Four Winds Casino in Hartford, Michigan, which received awards for both Bachelor of Architecture, ‘Best Native American Casino’ and ‘Best Overall Casino Under $200 Million’ University of Tennessee, with Honors in the 2011-12 G2E Casino Design Awards program.

Rick continually strives to produce work that adds distinction and meaning to the built environment at a consistently high level of quality, as evidenced registrations by his leadership on numerous recent HBG-designed Tribal and Commercial Licensed Architect in 20+ states casino and casino resorts projects ranging in scope and size – from a major multi-hotel and casino expansion at WinStar World Casino in Thackerville, Certified, National Council of Oklahoma, for the Chickasaw Nation; to three recent Four Winds Casino- Architectural Registration Boards branded projects for the Pokagon Band of Potawatomi Indians in Michigan. (NCARB) Repeat commissions from multiple clients are a testament to Rick’s high level of service.

Rick is especially passionate about understanding his clients’ business and professional organizations optimizing his clients’ casino operations and functionality through innovations Board of Advisors, University of in design. Over the past four years, he has led the research and development Tennessee School of Architecture of a pioneering design approach trademarked by HBG called “CasinoNow” which is helping clients bring new gaming facilities to market much faster than Tennessee Chapter of the American traditional design and construction methods available in the market today. Institute of Architects, Past President, Past Vice President, Past Member of Additionally, Rick’s strategic business acuity has made him a natural as Board of Directors HBG Practice Leader. His outstanding communication skills and respect for the contributions to be made by all members of the team factor into his Memphis Chapter of the American accomplishments, with results that include HBG being named a TOP 10 Institute of Architects, Past President leading U.S. hospitality and entertainment design firm; ‘Associate Member of the Year’ by the National Indian Gaming Association; and a ‘Hot Firm’ in the Construction Professionals Council, U.S. architectural industry. Past President

Hnedak Bobo Group | 104 South Front Street | Memphis, TN 38103 | 901.525.2557 | www.hbginc.com rick gardner, AIA (continued)

project experience Casino Revolution, Philadelphia, PA Sycuan Casino Resort Master Plan & Casino Renovation, Project Role: Principal-in-Charge Sycuan Band of the Kumeyaay Indians, El Cajon, CA Project Role: Principal-in-Charge Four Winds New Buffalo Casino Resort Expansion, Pokagon Band of Potawatomi Indians, New Buffalo, MI Gaylord Texan Resort and Convention Center, Project Role: Principal-in-Charge Grapevine, TX Project Role: Principal-in-Charge Four Winds Dowagiac Casino, Pokagon Band of Potawatomi Indians, Dowagiac, MI Apache Casino Hotel, Project Role: Principal-in-Charge Ft. Sill Apache Tribe of Oklahoma, Lawton, OK Project Role: Principal-in-Charge Four Winds Hartford Casino, Pokagon Band of Potawatomi Indians, Hartford, MI Greektown Casino & Hotel, Detroit, MI Project Role: Principal-in-Charge Project Role: Principal-in-Charge

WinStar World Casino Resort Master Plan, Little River Casino Resort, Two New Hotel Towers & Casino Expansion, Little River Band of Ottawa Indians, Manistee, MI Chickasaw Nation, Thackerville, OK Project Role: Principal-in-Charge Project Role: Principal-in-Charge Kewadin Lansing Casino, Lansing, MI Riverwind Casino Master Plan & New Casino, Project Role: Principal-in-Charge Chickasaw Nation, Norman, OK Project Role: Principal-in-Charge Pauma Casino Resort, Pauma Valley, CA Project Role: Principal-in-Charge Chickasaw Travel Stop, Chickasaw Nation, Paoli, OK Project Role: Principal-in-Charge Viejas Casino Resort Master Plan, San Diego, CA Project Role: Principal-in-Charge Newcastle Casino, Chickasaw Nation, Newcastle, OK Project Role: Principal-in-Charge Enoch Cree Band of the First Nations Hotel, Casino & Event Center, Edmonton, Alberta – Canada Northern Quest Casino Resort Master Plan, Project Role: Principal-in-Charge Casino Expansion & New Hotel, Kalispel Tribe, Spokane, WA Project Role: Principal-in-Charge

Hnedak Bobo Group | 104 South Front Street | Memphis, TN 38103 | 901.525.2557 | www.hbginc.com

CURTIS M. SLOCUM 3400 Avenue of the Arts, F409 • Costa Mesa, California 92626 • 714.227.3200 • [email protected]

FEDERAL PROGRAM EXPERIENCE

US Navy • Revenues $867 Million ------1995-2005

These contracts included the 1995 award of the Navy Clean contract, the Combatant Ship Disposal Program and the base closures of the Long Beach Naval Shipyard, Key West and Adak Air Stations. • Navy Clean Environmental Management (1995-2005) - $500 Million – Proposal Manager • Navy Ship Disposal (1998-2002) - $260 Million – Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Navy Air Station El Toro Soils & GW (1994-2008) - $85 Million – Proposal Manager • Long Beach Naval Shipyard Closure & Asset Recovery (1998-2002) - $18 Million – Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Navy Air Station Key West Closure & Sale (1999) - $1.2 Million – Proposal Manager, Technical Director, Principle-in-Charge • Navy Air Station Adak Redevelopment (2000-2001) – $3.2 Million – Business Development, Proposal Manager, Technical Director, Principle-in-Charge

Army Ammunition Plant Facility Closures • Revenues $225 Million ------1995-2006

The facility closure contracts represented a large, comprehensive scope of work including program/project management, health and safety, design/build construction, demolition, asset recovery and construction management. • Joliet AAP Facility Closure (1995-1996) – Proposal Manager, Technical Director, Principle-in-Charge • Newport Chemical Depot Facility Closure (1997-2000) – Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Badger AAP Facility Closure (1997-1999) – Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Lonestar AAP Facility Closure (1998-1999) – Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Longhorn AAP Facility Closure (1998-2002) – Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Milan AAP GW Remediation (2003-Present) – Business Development, Proposal Manager

USEPA Emergency Response & Removal Services (ERRS) • Revenues $165 Million ------1987-2002

These ERRS contracts represented large, complex scope of work requiring the mobilization of hundreds of staff to perform program/project management, health and safety, design/bid/build construction, demolition, asset recovery and construction management. • FMC Facility Closure in Front Royal, VA (1997-2002) - Technical Director • Saginaw Paint Emergency Response and Removal in Saginaw, MI (1987) – Business Development, Proposal Manager, Estimator, Technical Director • Williamson Adhesives Emergency Response and Removal in Chicago, IL (1987-1989) – Business Development, Proposal Manager, Estimator, Technical Director

CURTIS M. SLOCUM Page 2 • [email protected]

• Port of Brownsville, TX Ship Abatement and Disposal (1988-1994) – Assigned by USEPA as Environmental Trustee to Oversee Project Technical Performance, Budget, Safety and Contractors

Air Force • Revenues $155 Million ------1997-2006

The Asset Management Consulting Agreement required a review of all Air Force installation around the world to support Base Realignment and Closure (BRAC) with an emphasis on optimizing Air Space. The Edwards AFB contracts were to perform environmental management of the installation. The 260-acre Boeing Long Beach facility closure was a contract with Boeing and required the coordination with several Air Force contracts. • Asset Management Consulting Services to support BRAC (1997-2002) - Revenues $50 Million Business Development, Proposal Manager, Technical Director, Principle-in-Charge • Edwards AFB Environmental Management (1994-2006) = $65 Million – Proposal Manager • Boeing Long Beach Facility Closure (1998-2002)= $40 Million – Principle-in-Charge • AF Tank Farm Norwalk, CA Brownfield Redevelopment – Brownfield Developer

Department of Energy ------2002-2003

Hanford River Protection Program - Awarded Project 2003 to Fluor, Washington Group, Earth Tech Team – Protested and Re-Bid in 2005 – Proposal Manager, Technical Scope Lead

Long Beach Naval Shipyard Closure & Asset Recovery (1998-2002)

A portion of an interview by Department of Defense senior staff, Retired Admiral John Larson and Curtis Slocum, Senior Vice President, Earth Tech, regarding the successful transfer of the Long Beach Naval Shipyard to the City and Port of Long Beach as reported in DOD’s BRAC Newsletter and provided to Congress’ BRAC hearings (March 2003).

”In 1997 the CEO of Earth Tech, Diane Creel, got me an audience with Long Beach Mayor Beverly O’Neil, so I could explain why the City should be “given” the 275-acres that was the Long Beach Naval Shipyard in a “no cost conveyance” for their port expansion and that Earth Tech could use BRAC regulations, our Federal resume and asset recovery methods to do so at no cost to the City. The Mayor worked (with) the Clinton-Administration and had the deal done in less than a year, however it took me almost two years to negotiate a conveyance agreement with the Under-Secretary of DoD, Randal Yim. The Navy paid Earth Tech $5 million dollars to provide continued services from the Shipyard to former workers; we hired 105 former shipyard workers as craft labor for two years, and covered our $18 million project revenues with proceeds from asset recovery.”

“The economic development sale of shipyard equipment to local Long Beach businesses created more than 5000 permanent jobs in the City and paid all the transfer costs of the Navy property. The Navy met their requirements and the City and Port are proceeding with their port expansion.”

LAW OFFICES OF CLEMENT, FITZPATRICK & KENWORTHY INCORPORATED 3333 MENDOCINO AVENUE, SUITE 200 SANTA ROSA, CALIFORNIA 95403 FAX: (707) 940-4205 ______

TELEPHONE: (707) 523-1181

Anthony Cohen [email protected]

Curriculum Vitae of A n t h o n y C o h e n

Undergraduate Education: University of Illinois; B.A., Anthropology, 1978

Legal Education: University of San Francisco School of Law; J.D., 1981

Bar Admissions: Arizona Supreme Court: 1981; California Supreme Court: 1982; United States Supreme Court: 1998; various federal trial and appellate courts.

Law School Employment:

1979: DNA-Peoples’ Legal Services, Mexican Hat, Navajo Nation, Utah: law clerk. 1979: Navajo Nation Judicial Department: drafted digest of all Navajo appellate decisions. 1980: Marin County Legal Aid Society: law clerk 1980: California Indian Legal Services, Eureka office: law clerk for 6-month full time externship 1981: San Francisco Public Defender’s Office: law clerk for part time externship

Legal Employment:

June 1981 through December 1981: Staff Attorney for Apache Legal Aid, Whiteriver, Arizona (White Mountain Apache Reservation), a program of DNA-Peoples' Legal Services.

January 1982 through 1985: Special Counsel for White Mountain Apache Tribe, Whiteriver, Arizona and sole practitioner, Tucson, Arizona and Santa Rosa, California. Emphasis: federal Indian law and complex civil litigation. Successfully litigated Tribe=s claim to enjoin state game and fish department from interfering with tribe=s trophy elk hunt and native trout fishery and tribal management of 1.6 million acre reservation. Using extensive tribal department consultation process, revised entire White Mountain Apache Tribal Code.

1985 through August 1986: Contract attorney for California Indian Legal Services, Ukiah; sole practitioner, Santa Rosa, California. Emphasis: federal Indian law and complex civil litigation. Curriculum Vitae of Anthony Cohen Page 2

September, 1986 through December, 1988: Attorney with Robb & Ross, Mill Valley, California; general business and civil litigation practice. Emphasis: complex construction, real estate, and business litigation.

January 1989 through the present: Shareholder/member of Clement, Fitzpatrick & Kenworthy. My practice has focused on the representation of tribes and Indian organizations and has emphasized federal Indian law, especially in the areas of defense and affirmative assertion of tribal sovereignty, and self-governance, including gaming regulation. I also provide counsel to tribes and non-tribal clients on inter-governmental, regulatory, business, construction, transactional, real estate, land use, gaming, and environmental law. I have considerable experience in analyzing and drafting tribal, state, and federal legislation and regulations, and in obtaining regulatory concurrence and approvals from federal, state, and local agencies, including the U.S. Department of Interior. I am an experienced litigator of complex civil cases, especially those focused on federal Indian law. My work has included gaming and other business development, representation of tribal gaming commissions, fostering positive intergovernmental relations between tribes, counties, law enforcement, the National Indian Gaming Commission, California Gambling Control Commission, Bureau of Indian Affairs, and other local, state and federal agencies, including negotiation of compacts with Governors Davis, Schwarzenegger, and Brown.

Indian Law Related Activities:

Milestone litigation: Middletown Band of Pomo Indians v. State Workers Compensation Appeals Board. (1998) 60 Cal.App.4th 1340. The court held that tribes have sovereign immunity from state regulation of their employment affairs; Public Law 280 is not a congressional waiver of tribes’ sovereign immunity from state worker's compensation liability; and California’s workers’ compensation laws are “civil/regulatory,” not “criminal/prohibitory” and therefore do not apply to tribes. El Dorado County v. Norton, et al, Civ. S-02-1818 GEB DAD, May 13, 2004, [unpublished] holding that the 6-year statute of limitations barred the County’s challenges to the tribe’s status and the status of its Rancheria as a reservation and as IGRA Indian lands.

Sonoma State University: Taught extended education classes, (Political Science e338) “Federal Indian Law: An Introduction for Lawyers, Paralegals and Tribal Leaders,” November, 1995 through December, 1995; and “Federal Indian Law: Current Issues Facing Tribal Governments,” June, 1996.

2005 Native American Law Students Association Moot Court Competition at UCLA: Volunteer Moot Court Judge.

February 12, 2010, Sonoma County Bar Association Continuing Legal Education presentation: “Separate Sovereigns Among Us – Indian Law Basics and Update,” approved for MCLE credit. Curriculum Vitae of Anthony Cohen Page 3

Video Documentary: “Our Sovereignty’s Not For Sale.” http://vimeo.com/26330499 This half hour documentary examines intimately a crucial period in the struggle of California Indian Tribes to achieve economic self-sufficiency through the development of casinos. In 1998, after refusing to negotiate as required by federal law with California tribes which were operating casinos, Governor Pete Wilson entered into a Class III Gaming Compact with one tribe, the Pala Tribe of San Diego County, that had no casino and little choice but to agree if it wanted to progress. Other tribes from throughout the state urged the Assistant Secretary of the Interior, Kevin Gover, to refuse to approve the Wilson/Pala Compact because they believed that if it was approved for Pala, it would be foisted upon them, illegally forcing them to surrender key aspects of their sovereignty. This video examines the complex and difficult legal and political struggle among the tribes themselves, and between the tribes, the federal government, and the State of California.