TORRES MARTINEZ DESERT CAHUILLA INDIANS. Physical Address Martinez Road P.O Box 1160 Thermal Ca

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1 Physical Address Martinez Road P.O Box 1160 Mailing Address P.O. Box 1160 Telephone: REQUEST FOR PROPOSALS FOR A TRIBAL GAMING FACILITY

2 The Torres Martinez Desert Cahuilla Indians, a federally recognized Indian Tribe with Reservation Land located in Riverside and Imperial Counties, of California, are soliciting proposals from parties interested in financing and/or managing a Torres Martinez Tribal Gaming Facility. Land Issues A. Federal Land Settlement Act. Reservation lands were first set aside for the Torres Martinez Desert Cahuilla Indians by Executive Order of May 15, 1876, and further lands were added in 1891 and The Torres Martinez Indian Reservation has a present land base of approximately 14,379 acres. In September of 2000, the Torres Martinez Tribe settled federal litigation through a Settlement Act involving the United States and two water districts. These entities were responsible for the permanent flooding loss of approximately 11,000 acres of replacement lands. The legislation specifies that the acquisition request must be granted no more than 180 days after the request is filed with the Secretary of the Interior. The replacement lands may be acquired in two separate areas. 1. A Primary Acquisition Area surrounding existing reservation lands, and 2. A Secondary Acquisition Area, (hereafter the I-10 acquisition Area). The I-10 Acquisition area is a 6X6 mile area (36 square miles) intersected in its entire length by Interstate 10, northeast of the city of Coachella. The Tribe has a right to acquire up to 640 acres within this area, and proposes to have a Tribal Gaming Facility constructed on these newly acquired trust lands. B. Option Contract Property. To date, specific lands have not been acquired in the I-10 Acquisition Area for the proposed facility, however, the Tribe has entered into an Option Contract for the purchase of up to acres in this Area from private landowners. The Tribe has 180 days to exercise its option to purchase the property. Water, sewer, electric, and fiber optic were located approximately eight years ago and no factors were found to exist that would limit development. Approvals for a freeway off ramp to the site have been granted by the State and the Federal Highway Administration. Project Description It is the desire of the Tribe to develop a Gaming Facility of Class III gaming machines. The investor/manager will be responsible for the financing and construction of the proposed Tribal Gaming Facility. The precise size of the Gaming Facility shall be mutually agreed upon by the parties. All the necessary financing, operating capital and necessary pre-development costs shall be borne by the investor.

3 Site Inspection Interested parties may inspect the proposed site by appointment by calling the Tribal Offices at extension 1208 (contact person Tribal Administrator). Selection Procedures The Torres Martinez Casino Development Team shall perform the initial evaluation of all proposals submitted. The Casino Development Team shall then schedule meetings with all respondents that have complied with all requirements of the RFP. Parties submitting a written proposal for the financing and/or management of the Torres Martinez Gaming Facility must also submit a non-refundable application fee in the sum of Ten Thousand Dollars ($10,000.00), payable to the Torres Martinez Desert Cahuilla Indians, to cover the cost of review and consideration of the proposal. The fee must be paid no later than fifteen days (15) after letter of intent has been fully executed. The Casino Development Team will then present the proposal to the Torres Martinez General Council. The Torres Martinez General Membership shall have the final vote on selection of the group to finance and/or manage the Tribal Gaming Facility. Some, or all, of the finalists may be requested to make presentations to the General Council before a final selection is made. All final contract terms may have to be negotiated before a final selection is made. General Notice The Torres Martinez Tribe shall not be responsible or liable for any costs incurred in the preparation or presentation of any responses to this Request for Proposal. In addition, no item will be returned to the submitting party. A. Background Information. The Tribe reserves the right to request background information prior to selection. The respondent shall furnish such additional information as the Tribe may reasonably require. The Tribe also reserves the right to conduct investigations of the background and qualifications of the respondent as it deems necessary. By submitting a proposal, it is understood by the respondent that background clearances will be required by the Tribe and other Federal and State Agencies prior to any final approval of a contract. Proposal Contents

4 Each proposal shall provide the following information: a. Copy of any Corporate bylaws, and/or a description of company form, including the length of existence of the company. b. A statement of the organization s experience and background, Indian Gaming and otherwise. Such statement should include a list of all previous Gaming projects, and the name of a contact person for each project. c. A description of any Gaming licenses currently or previously held, of currently pending approval. d. A list of the organization s key personnel, with resumes attached. The respondent shall provide the names, dates of birth and social security numbers of all parties that will hold a ten percent (10%) or more interest in the financing of the Gaming facility. e. A description of the proposed facility building, if available. f. A list of at least three business references, including any prior Indian-related projects, if any. The name and address of the contact person must be included for each reference provided. g. Financial projects for the proposed facility. This may assume one or more scenarios as to size of the facility, but should be based on 2,000 Class III machines). h. A tentative project development schedule, assuming all necessary Federal, State and Tribal approvals are in place. i. Documentation of financial capability, which includes bank references, and if possible, a bank commitment letter for the amount of the proposed project. j. A draft agreement containing proposed contract and terms. Proposed Contract Terms Each proposal shall contain an outline of the following contract terms, or if possible, a complete draft proposed contract: a. The type of contract and proposed duration of the contract. b. Any proposed percentage split of profits c. Any proposed minimum monthly guarantee after the opening of the facility. d. Any proposed signing bonus. e. The maximum amount of construction capital available. f. The anticipated interest rate on the loan repayment. g. Any other contract incentives, monetary or otherwise. Mailing Address Five copies of the proposal must be mailed to: Torres Martinez Desert Cahuilla Indians P.O Box 1160

5 Information Any questions relating to the interpretation of the RFP, should be directed to the Torres Martinez Desert Cahuilla Indian Tribal Administration Office, attention James Cisneros ext or Andrew Miranda ext Deadline of Submittal January 2 nd, :00 PM