Guidiville Band v. Ngv Gaming Lit

I. Factual Background

A. Terms of the Contract

On July 3, 2002 the Tribe contracted with FEGV Corpora- tion (“FEGV”) for the latter to develop and construct a gam- ing facility on a to-be-acquired parcel of land in Northern California. In December 2003 FEGV assigned to NGV its rights and duties under that contract, which comprised two separate documents: (1) a Development Agreement and Per- sonal Property Lease (“the Lease”), and (2) a Cash Manage- ment Agreement. Here is the purpose of the transaction as described at the outset of the Lease:

The Tribe requires assistance with (i) financing the day-to-day operations of the Tribal government, (ii) acquiring real property and petitioning the United States to accept title to such property in trust for the benefit of the Tribe . . . , and (iii) the development, design, financing, construction and initial equipping of the Facility. GUIDIVILLE BAND v. NGV GAMING 7517 “Facility,” the Lease explains, includes “buildings and improvements” that would be constructed on to-be-acquired real property and that would then be used to conduct Class II or Class III gaming3 for the public. Both parties intended to…