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REIN & REIN <br /> MICHAEL A. REIN A PROFESSIONAL LAW CORPORATION (209) 544-3688 <br /> TERESA VIG REIN <br /> FAX: (209) 544-3695 <br /> 715 14TH STREET <br /> MODESTO,CA 95354 <br /> Writer's E-mail: mike@reinlaw.net <br /> Via Hand Delivery <br /> August 21, 2003 <br /> San Joaquin County Planning Commission <br /> 1810 E. Hazelton Avenue <br /> Stockton, CA 95202-6232 <br /> RE: Use Permit Application No. PA-03-164 <br /> Owner: Cabral, et al. and VanderVeen, et al. <br /> Applicant: Moyer Consulting <br /> Purchaser: Native Directions, Inc. <br /> Dear Commissioners: <br /> I'm writing this letter on behalf of Native Directions, Inc. ("NDI"), the prospective <br /> purchaser of property located on E. French Camp Road in Manteca. NDI has operated Three <br /> Rivers Indian Lodge since 1974. NDI will not—and legally cannot—use its new property for a <br /> casino. Nationally recognized American Indian Law expert Ellen Kemper advised in her <br /> attached letter that the creation of a casino requires that the land first be owned by the <br /> U.S. Department of Interior in trust for a recognized tribe historically or culturally connected to , <br /> the parcel NDI wants to purchase. Ms. Kemper concludes that no casino will ever legally be <br /> permitted at NDI's site. <br /> But NDI's mission of treating alcoholism among Native Americans and preparing its <br /> clients for agricultural jobs is completely incompatible with gambling and the drinking <br /> associated with casinos. Such activities tear down what NDI has attempted to build among its <br /> clientele for nearly 30 years. Therefore,NDI is willing to record deed restrictions prohibiting <br /> any gaming activities. These deed restrictions will expressly provide that they are recorded for <br /> the benefit of San Joaquin County and all nearby landowners (and even list these landowners' <br /> Assessor's Parcel Numbers), so that any of these third parties can enforce the restrictions in the <br /> future. Deed restrictions specifically recorded for the benefit of third parties are analogous to <br /> contracts that cannot be breached by NDI or by any subsequent owners of NDI's property. <br /> In theory, an Indian tribe historically connected to some land could buy a piece of the <br /> land from anyone in the area and attempt to transfer the land to the Department of Interior and <br /> establish a casino. It is unfair to suggest that NDI, however, is any more likely than any other <br /> 6 <br />