COOPERATIVE DEVELOPMENT - DOING THE DEAL

• Jurisdiction: United States

Energy & Mineral Development in Indian Country
(Nov 2014)
CHAPTER 2B
COOPERATIVE DEVELOPMENT - DOING THE DEAL
Glenn M. Feldman
Member
Dickinson Wright PLLC
Phoenix, Arizona

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GLENN M. FELDMAN is a member of the law firm of Dickinson Wright PLLC of Phoenix, Arizona. Glenn is a 1973 graduate of Georgetown University Law Center. Glenn's practice is devoted exclusively to Federal Indian Law, with heavy emphasis on Indian gaming and reservation economic development activities. He is counsel to a number of Indian tribes, tribal casinos, and tribal business ventures in Arizona, California, and other western states.

Energy and Mineral Development In Indian Country

Tucson, Arizona November 6, 2014

DOING THE DEAL --- THE MOAPA SOLAR DEVELOPMENT

The Developer's Perspective

Presented by

Glenn M. Feldman

I. SOVEREIGN IMMUNITY ISSUES

A. Recent Bay Mills Affirmance of Doctrine

B. Enforceability of Agreement

C. Recourse in Event of a Dispute

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D. Lenders' Concerns

E. Substantial Revision of Waiver Provisions

1) Express

2) Irrevocable

3) Clearly Defined Dispute

Resolution Process

II. TRIBAL ORDINANCES ---

Implement Elements of Transaction

A. Financing Transactions Ordinance

• UCC Compliance

• Leasehold Deeds of Trust

B. K Road TERO Compliance Plan Ordinance

• Spelled out Compliance Plan

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C. Commercial Transactions...