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Real Estate Development

Location:
Los Angeles, CA
Posted:
November 03, 2013

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Resume:

GENE MICHAEL BURKE

Attorney at Law

Sherman Oaks, California 91411 * (818) 782-

7138; email: acaolz@r.postjobfree.com

November 4, 2013

Human Resources Department

AGUA CALIENTE TRIBE

Palm Springs, California

Re: General Counsel

Dear HR Director:

Enclosed please find my resume as application for the General Counsel

position with Agua Caliente Tribe in Palm Springs. I am an accomplished,

growth-oriented Indian Country attorney, and I would value the opportunity

to contribute to Agua's further growth and development.

My Native American experience includes serving as in house Tribal

Attorney for three California Tribes: the Hoopa Valley Tribe in Northern

California; the Bishop Paiute Tribe in the Eastern Sierras; and for the

Morongo Band/ Casino Morongo in Palm Springs. I served as the attorney for

the Tribes' administration, casinos and economic enterprises. My duties

included negotiating and drafting contracts, evaluating business deals, and

providing advice and analysis for tribal and business decisions.

I also provided legal support for Tribal administration. I worked

closely with department heads and staff on cultural, educational and

environmental issues facing the Tribes and their Reservations. I regularly

accompanied Council members to Native American economic, political and

educational conferences, or I attended such meetings as the Tribal

representative.

As an experienced in house attorney, I have set up legal departments

and super-vised staff and outside counsel. I am very computer literate. I

am also able to relocate and to work extended hours and to travel as job

duties require.

My attached resume highlights my accomplishments in greater detail.

Please contact me at my above phone or email, and I look forward to meeting

with you.

Sincerely yours,

GENE M. BURKE

GMB/qsm

GENE MICHAEL BURKE

Sherman Oaks, California 91411 * 818-***-****;

acaolz@r.postjobfree.com

OBJECTIVE: In House Tribal General Counsel

SUMMARY OF QUALIFICATIONS

Indian Country Attorney

I have had the honor of working in Indian Country over the past

several years, and I would like to contribute that experience to the growth

of Chukchansi. I formerly served as the in house Tribal Attorney for three

Tribes: Morongo Band of Mission Indians in the Palm Springs area; I served

as Tribal Attorney for the Bishop Paiute Tribe in the California Eastern

Sierras; and, most recently, I served as Tribal Attorney for the Hoopa

Valley Tribe in Northern California.

I was the first in house Tribal Attorney for the first two Tribes,

and my duties for all three were quite extensive. One of my primary

responsibilities was to sit in on Tribal and General Council meetings. My

role for the Councils was to provide legal advice; inform them of

developments in Indian Law; recommend effective means of handling

situations; and to assist in implementing Council decisions by taking

appropriate actions or drafting follow-up motions, letters, or ordinances.

I regularly accompanied Council members to Native American economic,

politi-cal and educational conferences, or I attended such meetings as the

Tribal representative.

I am an excellent writer and speaker, and I can present complex legal and

business concepts clearly and understandably.

Casino, Resorts and Hospitality Attorney

I am an experienced, growth-oriented, casino attorney and compliance

officer. My background includes serving as in house attorney for four

casinos. Three of these were in Indian Country: Casino Morongo in Palm

Springs; Bishop Paiute in Mammoth Lakes; and for the Hoopa Casino. I also

served as General Counsel for a table games casino in Los Angeles and for

an international travel company. I provided a wide variety of legal and

business services including advising the General Managers and department

heads; serving as compliance officer; negotiating vendor, finance and

marketing deals; resolving business and labor disputes and managing outside

counsel. My duties included advising on all contractual and legal aspects

of managing and operating the facilities. I either wrote or approved

contracts for the food and beverage departments; tenant leasing; and events

and entertainment providers.

Economic Development Accomplishments

A principal focus of my career, both in and out of Indian Country,

has been in the field of real estate and economic development. I have an

extensive record of negotiating and drafting substantial business,

commercial and real estate contracts. In the private sec-tor, I represented

several large real estate development companies. I negotiated many real

estate deals including land acquisitions, land use planning; and

appropriate zoning. I have also worked on all of the nuts and bolts aspects

of financing, developing, constructing and leasing investment properties.

My contributions in Indian country include advising both Tribes on

the various business aspects of their casinos. In addition, at Morongo, I

worked to build their new hotel and casino. I also advised their economic

enterprises which consisted of a large gas station, fast food restaurants,

and other holdings. I also negotiated the acquisition of additional land to

be put into Trust. At Bishop, we succeeded in building a new building on

the Reservation for the California DMV. I was a board member of the Bishop

Paiute Development Corporation and worked to plan more developments in the

future.

Lobbying and Government to Government Relations

Another important aspect of my work in Indian Country has been to

improve Government to Government relations. Towards this end, I drafted

many protocols designed to improve relations between the Tribes and outside

governmental agencies, utilities and departments. I worked regularly with

such agencies as the BIA, FEMA and local energy and utility providers.

Moreover, I represented the Tribes in both Sacramento and Washington,

meeting with elected federal and state representatives. I monitored pending

legislation and worked closely with Tribal lobbyists to ensure favorable

legislative outcomes to the Tribes' interests.

Law Office Management and Supervisory Experience

I would also like to note that I have a strong background in law

office manage-ment and supervision. I have set up and administered the in

house legal departments for several companies, including those for Morongo

and Bishop Paiute. This involved budgeting, planning, staffing, furnishing

and computerizing the legal operations from scratch. I have supervised

legal, administrative and property management staff. I have retained,

supervised and audited outside counsel. I know how to run meetings, and I

know how to encourage the professional development of those under me. I am

very computer literate.

Were I selected for this position, I would, of course, relocate. I am

also able to travel as job duties may require. I am licensed to appear in

all Federal and State Courts in California and the United States Supreme

Court.

Advisor to Tribal Administration

I work well with all levels of the Tribal community, and I played an

increasingly comprehensive role in Tribal affairs. I was a valued advisor

to Council members, senior administrators, and Tribal members. I provided

practical legal support to housing, ICWA, enrollment and HR departments in

formulating policies, achieving objectives and resolv-ing disputes. I

helped the Bishop TERO Commission rewrite and update their ordinance. I

served as an advisor to the Morongo Planning Department, and I was a board

member of the Bishop Paiute Development Corporation. I represented the

Tribes in federal and state litigation, and I was entrusted in business and

legal relations with protecting Tribal sovereign immunity and resolving

disputes in the Tribe's favor. I conducted fact investi-gations, and I

served as a hearing officer for judicial cases in lieu of a Tribal Court.

On cultural and environmental matters, I worked doggedly to protect

Tribal natural resources, especially water rights. At Morongo, this

involved negotiating the building of a new water bottling plant utilizing

Tribal water rights; At Bishop and Hoopa, I worked steadfastly to protect

the Tribe's continued rights to the amounts and flows of water coming

across the Reservation from the Sierras and the rivers, respectively.

1. CONTRACTS NEGOTIATING AND DRAFTING EXPERIENCE

I have extensive contract drafting and negotiating experience

in a wide variety of business settings. My achievements were

notable and included:

. Vendor and supplier agreements for an endless variety of items

including parts, food stuffs, business items, construction

materials, water and water rights, fuels, transportation items,

and rights of way. I've conducted all required contract-related

due diligence.

. Name usage, product licensing and distribution agreements;

. I have negotiated the terms and written the contracts for many

company acquisitions;

. I have set up and maintained necessary subsidiary business

entities;

. I have achieved international contracts for export items and for

permission for clients to do business in or pass through foreign

countries and travel ways;

. I've successfully negotiated the resolution of many business

disputes;

. Serving as liaison to government to lobby officials and to

monitor legislation;

. I have negotiated a large number of real estate transactions

which have included purchase and sale agreements; land and

building leases; construction projects, including hotel and

casino expansions; and related financing and funding agreements;

. I have drafted numerous RFPs, NDAs and standard company

contracts and leases;

. Finally, I have negotiated a large number of professional

services contracts.

GENE MICHAEL BURKE

Attorney at Law

Sherman Oaks, California 91411 * (818) 782-

7138; email: acaolz@r.postjobfree.com

EXPERIENCE

LAW OFFICES OF DALE C. FRAILEY

2012 - Present

Contract attorney for litigation firm handling all aspects of civil

litigation from pleading, discovery, law and motion, through trial

preparation, arbitrations and trials.

HOOPA VALLEY TRIBE

2011

I served as Tribal Attorney for the Hoopa Tribe advising their

Administration, Kimaw Medical Clinic, enterprises and assisting in their

natural resource development issues.

NORMANDIE CASINO

2009 - 2010

General Counsel and Chief Compliance Officer for California table

games casino. Serve as senior advisor and compliance officer for the casino

and all of its departments. Handle all of the contract negotiating and

drafting; company litigation and insurance claims; interactions with

government and political offices; provide day to day legal ad-vice and

support to all casino departments; advise the ownership and maintain

corporate records; serve as company spokesman for legislative issues and

initiatives; assist marketing in obtaining new business.

BISHOP PAIUTE TRIBE

2006 - 2009

I have served as Tribal attorney to a Native American tribe,

representing them in their state and federal court cases and assisting in

the development of business and real estate economic diversification

programs and projects. I set up the in house legal depart-ment and acted as

the primary legal adviser to Tribal Council, administration and depart-

ments.

HANSA INVESTMENT

2004 - 2006

In house counsel for large real estate investment company. I

litigated numerous premises liability and personal injury cases brought

against the various properties. I also worked on acquiring properties, and

negotiating loan defeasances, refinancing and new loan packages for further

investments.

UNIWORLD GLOBAL, INC.

October, 2002 - 2004

I served as Vice President for an international river tour and cruise

company. My duties included managing the company's real estate holdings and

developments. I assisted senior management in negotiating the acquisition

of other travel companies, and I negotiated and drafted a software

development contract. I also worked with our European and Asian offices to

expand international operations and tours.

CASINO MORONGO; THE MORONGO BAND OF MISSION INDIANS

2000 - 2002

I served as in house Tribal Attorney for a local Indian tribe in the

Palm Springs area involved in building upon its success in the gaming

industry by pursuing real estate and economic development throughout the

remainder of its reservation. I worked building and planning the design and

construction of a new casino-hotel, retail complex. I also worked on

building a new administrative and professional Tribal Hall. These

transactions involved working with architects, construction companies, and

other administrative and professional vendors. I purchased substantial

acreage for the tribe to increase its holdings. I worked on the formation

of a tribal REIT for off reservations investments. I served as the

principal legal and business adviser to the governing Tribal Council and

the Planning and Development Department. I met with federal, state and

local officials to obtain government support for the tribe's real estate

developments.

THE HELLEN GROUP

1997 - 2000

I served as Vice President for an international real estate and

business development company. The company owned and operated a large number

of office buildings, "big box" shopping centers and other real estate

developments throughout Southern California, Europe, Israel and Australia.

I negotiated numerous leases and handled all aspects of a large number of

real estate purchase and sale transactions. I handled all of the due

diligence functions including required environmental studies. I worked on

the architectural and construction aspects of renovating former urban

office buildings into useable rental complexes. I joined in conducting the

risk analysis for the properties and in negotiating insurance coverages. I

was the company liaison with local and state officials on political issues

and economic development.

AMERICAN CITY FUND

1994 - 1997

I was the Vice President for a real estate development and

construction company. The company owned, managed and developed office

buildings and other smaller commercial retail outlets in the greater Los

Angeles area. My duties included supervising property management personnel,

negotiating leases and building purchases, and obtaining financing for the

deals.

SHAMMAS INVESTMENT CORPORATION

1990 - 1993

Vice President for a downtown Los Angeles based retail business and

real estate development company. The company owned and operated numerous

car dealerships, and it developed office buildings and commercial

businesses in the Staples Center/ Los Angeles Convention Center areas.

APARTMENT ASSOCIATION OF GREATER LOS ANGELES

1986 - 1990

I was the Director of Legal Affairs for a large real estate apartment

owner trade association. I assisted the members with programs, and worked

on the local and state levels for favorable legislation and court rulings.

I advised individual property owners on the most effective strategies for

managing, purchasing and selling their real property holdings. I also set

up numerous legal seminar panels at the annual trade show and other venues

on topical legal and business matters, and I moderated and or served as a

principal speaker at them.

FARMER'S INSURANCE GROUP

1980-1985

I worked as a claims adjuster negotiating property damage and bodily

injury settlements.

MEMBERSHIPS

California Bar Association; Bar of the United States Supreme Court;

California Bar International and Real Property Sections; Los Angeles

Bar Association; Real Property and International Law Sections; Foreign

Trade Association; World Affairs Council; Los Angeles Conservancy;

Urban Land Institute; Judge Pro Tem, Los Angeles Superior Court

EDUCATION

DUQUESNE UNIVERSITY, Pittsburgh, Pennsylvania, B.A. Political Science

UNIVERSITY OF LAVERNE COLLEGE OF LAW, Los Angeles, J.D.

//

//

REFERENCE LIST

for

GENE M. BURKE

TERI CAWELTI

Secretary/Treasurer

BISHOP PAIUTE TRIBE AND DEVELOP. CORP.

52 Tu Su Lane

Bishop, California 93514

760-***-****

Email: acaolz@r.postjobfree.com

Ms Cawelti and I worked together at the Bishop Paiute Development

Corporation where I advised the Board on legal and business issues.

DANNY JORDAN

Self Governance Coordinator

HOOPA VALLEY TRIBE

P.O. BOX 1348

Hoopa, California 95548

707-***-****

Email: acaolz@r.postjobfree.com

Mr. Jordan and I worked together at Hoopa Valley on natural resources and

fishing issues, Tribal ordinances and economic development projects.

TOM MARTORANO

President

VALLEY TRAVEL CLUB

Saticoy Street

Van Nuys, California 9140

818-***-****

I served as Mr. Martorano's attorney about 10 years ago, and

I have been his attorney and friend ever since.

TOM SCHLOSSER

Attorney at Law

MORRISSET, SCHLOSSER

801 Second Avenue

Seattle, Washington 98104

206-***-****

Email: acaolz@r.postjobfree.com

Mr. Schlosser is the long time outside counsel for Hoopa Valley, and

I worked with him when I served as their in house Tribal Attorney.



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