[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
As used in this ordinance, the capitalized terms set forth below
shall have the following meanings:
(a) "Assignment" means an agreement between a lessee and an assignee
whereby the lessee transfers all his/her rights and obligations to
the assignee under a business site lease.
(b) "Authority" means the Grand Traverse Band Economic Development Corporation,
a federally chartered corporation authorized by Section 17 of the
Indian Reorganization Act and wholly owned by the Tribe, established
October 23, 1998, and amended May 2, 2000, which the Tribe has authorized
to perform the leasing duties and responsibilities of the Tribe as
lessor under this ordinance. The Authority may delegate some of or
all its leasing authority to tribal agencies on behalf of the Tribe.
(c) "Best Interest of the Tribe" means the balancing of interests in
order to attain the highest economic income, provide incentives to
increase economic development, preserve and enhance the value of Tribal
land subject to a business site lease, increase employment and jobs
on Tribal land subject to a business site lease, and preserve the
sovereignty of the Tribe.
(d) "BIA" means the Bureau of Indian Affairs, United States Department
of the Interior.
(e) "Business Site Lease or Lease" means a written agreement or contract
between the lessor and a lessee whereby the lessee is granted a right
to possess Tribal land for a specified purpose and duration, including
a lease of space within existing facilities on Tribal land that is
not already leased, consistent with this ordinance. The lessee's right
to possess will limit the lessor's right to possess the leased premises
only to the extent provided in the lease.
(f) "Change in Land Use" means the change from residential to non-residential,
commercial to industrial, or one (1) industrial use to another that
significantly differs from the former use.
(g) "Constitution" means the Constitution of the Grand Traverse Band
of Ottawa and Chippewa Indians, adopted February 24, 1988, and approved
by the Secretary of the Interior on March 29, 1988, as may be amended
from time to time.
(h) "Development Period" means the time period from when a lease is executed
to when improvements are expected to be substantially completed.
(i) "Environmental Review Process" means the process for conducting tribal
environmental review to assess whether a proposed development or project
resulting from a leasing decision under this ordinance will have a
significant effect on the environment.
(j) "Environmental Reviewer" means an official from the Tribe's Natural
Resources Department or as otherwise designated by the Tribal Council
who is responsible for conducting the environmental review process.
(k) "Executing Official" means the delegated official of the Authority
who shall execute all business site leases on behalf of the Tribe
and take all necessary and proper action on leases and subleases,
including amendments, modifications, assignments and cancellations
of leases and subleases.
(l) "Fair Annual Lease Value" means the most probable dollar amount a
property should bring in a competitive and open market reflecting
all conditions and restrictions of the specified lease agreement,
including term, rental adjustment and revaluation, permitted uses,
use restrictions, and expense obligations.
(m) "Holdover" means circumstances in which a lessee remains in possession
of the leased premises after the lease term expires.
(n) "Leasehold Mortgage" means a mortgage, deed of trust or other instrument
that pledges a lessee's leasehold interest as security for a debt
or other obligation owed by a lessee under the lease.
(o) "Leasing Decision" in the context of the environmental review process
means the following type of lease transactions that will be acted
on by the Authority: lease issuance, lease amendment or modification,
subleasing, lease assignment or transfer, and tenant leases.
(p) "Lessee" means a person or entity who has acquired a legal right
to possess Tribal land by entering into a business site lease pursuant
to this ordinance.
(q) "Lessor" means the Tribe, and the Authority, acting pursuant to authority
delegated by the Tribe, who conveys the right to use and occupy Tribal
land under a business site lease.
(r) "LTRO" means the Land Titles and Records Office of the Bureau of
Indian Affairs.
(s) "Project" means any economic development activity or project occurring
or intended to occur on Tribal land pursuant to a business site lease.
(t) "Public" means, for purposes of the environmental review process,
any person or entity with the potential to be significantly affected
by the business site lease or the lease activity.
(u) "Significant Effect on the Environment" means a substantial, or potentially
substantial, adverse change in the environment, including land, air,
water, minerals, flora, fauna, ambient noise, cultural areas and objects
of historic, cultural or aesthetic significance.
(v) "Sublease" means a written agreement by which the lessee grants to
a sublessee a right to possession no greater than that held by the
lessee under a business site lease.
(w) "Sublessee" is an individual or entity to whom the lessee grants
a right to possession no greater than that held by the lessee under
a business site lease.
(x) "Tribe" means the Grand Traverse Band of Ottawa and Chippewa Indians.
(y) "Tribal Council" means the duly elected governing body of the Tribe.
(z) "Tribal Land" means any tract in which the surface estate is owned
by the Tribe in trust or restricted status.
(aa) "Trust or restricted status" means that the United States holds title
to the tract in trust for the benefit of the Tribe, or that the Tribe
holds title to the tract, but can alienate or encumber it only with
the approval of the United States because of limitations in the conveyance
instrument under federal law or limitations in federal law.