48-6233. Site host relations

(Conditionally Rpld.)

A. The district may locate any of its facilities on real property leased from one or more site hosts. The district may negotiate agreements with site hosts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3 if a site host is a public agency as defined in section 11-951, concerning the real property, infrastructure and parking to be provided by the site host. All agreements must:

1. Provide that the site host shall indemnify and hold the district harmless from any liability to the extent resulting from the negligent or intentional acts or omissions of the site host or its representatives and agents or employees resulting from any access ways provided by the site host and reasonably used by the public for ingress and egress to the land, infrastructure and parking facilities provided by the site host for use in connection with any theme park.

2. Require the site host to maintain insurance or an adequate self-insurance plan for any liability of the site host, with a waiver of sovereign immunity if necessary.

B. Before entering into an agreement with any site host, the district shall require assurance that the site host has the financial capability to perform its obligations under any agreement with the district.

C. If a site host is an Indian tribe, nation, band or community:

1. The site host must provide assurance to the district that the real property is not and will not be made part of an Indian reservation under the laws of the United States during the term of the lease agreement with the site host.

2. The site host must provide assurance to the district that the site host has legal authority to lease the real property to the district for uses consistent with the purposes of this chapter for the term of the lease agreement with the site host.

3. The district shall require as terms of the agreement between the district and the site host:

(a) A waiver of sovereign immunity to allow the district to enforce the agreement.

(b) The site host's consent to the jurisdiction of state and federal courts.

(c) A waiver of the right to require the district to exhaust tribal remedies before bringing an action in state or federal courts.

(d) That state and federal law will govern the interpretation of any agreements entered into between the district and the site host.

(e) That the site host will not prevent, impair or impede the imposition, collection and administration of district taxes as provided by section 48-6253.

4. Gambling shall not be allowed in the district pursuant to any tribal-state gaming compact under title 5, chapter 6. The district shall require, as a term of the agreement between the district and the site host, that the site host shall not operate or support gambling within fifty miles of the exterior boundaries of the district pursuant to any tribal-state gaming compact under title 5, chapter 6.