[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:
(1) 
Cure the default and notify the Authority in writing that the default has been cured.
(2) 
Dispute the Authority's determination that the lease is in default and explain why the lease should not be canceled; or
(3) 
Request additional time to cure the default.
[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.