[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
The Authority shall have all powers necessary and proper to
enforce the lease terms, laws, ordinances, regulations, rules, policies,
and covenants, consistent with this ordinance and Applicable Law.
This includes the power to enter the premises at a reasonable time,
with or without notice, assess penalties, and assess late payments.
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
Unless otherwise set forth in the lease, defaults under a lease
shall be governed in accordance with the following:
(a)
If the Authority determines the lessee is in default, the Authority
shall provide the lessee a written notice of default within five (5)
business days of the determination. The notice of default may be provided
by certified mail, return receipt requested, or by another nationally
recognized mail carrier.
(b)
Within ten (10) days of delivery, the lessee shall:
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
Unless otherwise set forth in the lease, the lessor shall have
the following remedies upon default by the lessee:
(a)
If the lessee fails to cure the default within the prescribed period,
the Authority may:
(1)
Cancel the lease pursuant to these regulations;
(2)
Grant an extension of time to cure the default;
(3)
Pursue other remedies, including execution on bonds or collection
of insurance proceeds;
(4)
Any combination of remedies listed above; or
(5)
Any other remedy set forth in the business site lease, or available
under applicable law.
(b)
If the Authority cancels a business site lease, the Authority shall
send the lessee a cancellation letter within a reasonable time period.
The cancellation letter may be sent to the lessee by certified mail,
return receipt requested, or by another nationally recognized mail
carrier. The cancellation letter shall:
(1)
Explain the grounds for cancellation;
(2)
Notify the lessee of unpaid amounts, interest charges or late payment
penalties due under the lease;
(3)
Notify the lessee of its legal recourse; and
(4)
Order the lessee to vacate the premises within thirty (30) days of
mailing of receipt of the cancellation letter.
(c)
A cancellation shall become effective thirty-one (31) days after
mailing.
(d)
If the Authority decides to grant an extension of time to cure a
default, the lessee shall proceed diligently to perform and complete
the corrective actions within a reasonable time period.
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
The lease shall specify the rate of interest to be charged if
the lessee fails to make payments in a timely manner. The lease shall
identify additional late payment penalties. Unless the lease provides
otherwise, interest charges and late payment penalties shall apply
in the absence of any specific notice to the lessee from the Authority,
and the failure to pay such amount shall be treated as a breach of
the lease.
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
If a lessee or other party causes or threatens to cause immediate
and significant harm to the premises, or undertakes criminal activity
thereon, the Authority may take appropriate emergency action, in compliance
with the laws of the jurisdiction in which the Tribal land subject
to the business site lease is located.
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
If a lessee remains in possession after the expiration or cancellation
of a business site lease, the Authority shall treat such occupation
as a trespass, except as provided in the lease. The Authority shall
take action to recover possession and pursue additional remedies under
tribal law, except as provided in the lease.
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
If a person occupies the premises without the Authority's approval,
the Authority may pursue appropriate remedies, including the filing
of a trespass action to regain possession under Tribal law.
[History: Tribal Act #20-38.3291, enacted by Tribal Council
in Special Session on October 28, 2020.]
In the event the Tribe requests BIA assistance in the enforcement
of a business site lease, BIA may take action to enforce the provisions
of a business site lease, including cancellation of the lease, after
consultation with the Tribe.
