Originally, the City of Barstow and Barwest LLC – not the Los Coyotes Band of Indians -- had entered into an Exclusive Negotiating Agreement (ENA).
At the time a DDA was awarded:
- Los Coyotes had already been informed (March 2004) by Governor Schwarzenegger’s representatives that he had denied the Los Coyotes casino resort proposal;
- Los Coyotes leaders (as described in public testimony a year later) were loosing confidence in, and growing disenchanted with, Barwest LLC;
- Big Lagoon had turned down Barwest’s initial advances; and
- several other tribes were aggressively pursuing plans to develop their own casino resort projects in Barstow.
The following is excerpted from Staff rationale presented to the Barstow City Council prior to its decision to enter into a DDA with Barwest LLC. This DDA was agendized for a June 7, 2004 City Council meeting with no disclosure at a previous meeting and was approved with no record of discourse, debate, discussion or questions.
“On June 2, 2003, the Redevelopment Agency for the City of Barstow entered into an Exclusive Negotiating Agreement with Barwest, L.L.C. (Developer). On March 1, 2004, the ENA was assigned from the Agency to the City and extended for a period of three months, with additional extensions available according to the terms of the document. The ENA provides for a period of exclusive negotiations between the Agency and Developer to reach a Disposition and Development Agreement that, among other things, would provide for the establishment of exclusive rights of Developer to develop a first-class, high-quality destination resort, including hotels, restaurants, hospitality services and a casino within the City.
"The City and the Los Coyotes Band of Cahuilla and Cupeno Indians are negotiating a Municipal Services Agreement (MSA) that, if executed, will cause the ENA to sunset and will, in effect, remove any requirement for the Developer to develop the property. It has always been the intent and understanding of the City and Developer that Developer will develop and manage the Project. The attached Disposition and Development Agreement (DDA) will provide a specific time for the Tribe and Developer to enter into a development and management agreement.”
1 comment:
Pretty much this means that Barstow is screwed as far as getting a casino. I doubt any other tribe that has the right to build in Barstow will do so if it involves dealing with Barwest.
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