17.2.27.030 Findings

The Council hereby finds and declares that:

(a) San Ildefonso Services, LLC ("SIS, LLC") was established and chartered by the Pueblo under tribal law as a single member limited liability company wholly owned by the Pueblo; and

(b) In accordance with the Fifth Amended Articles of Organization of SIS, LLC ("Articles of Organization"), the duly-appointed members of the five (5) person Member's Representative group (the "Member's Representatives") together exercise all rights of the Pueblo in its role as the single member of SIS, LLC"); and

(c) SIS LLC is a Manager-Managed limited liability company, and Peter Fant currently serves as the appointed Manager and the Manager possesses the exclusive authority to manage the business affairs of SIS LLC; and

(d) SIS LLC operates the Totavi and White Rock convenience stores ("C-Stores"); and

(e) Both C-Stores are in serious need of equipment upgrades and capital improvements necessary for continued operation and improved sales; and

(f) The Member's Representatives of SIS LLC determined it was in the best interest of SIS LLC to seek funding for the necessary improvements at the C-stores; and

(g) SIS LLC seeks a loan from the Pueblo which terms are detailed in a proposed Loan Agreement and SIS LLC intends to utilize Pueblo tax subsidy funding to repay the loan; and

(h) The Council has reviewed the general terms of the proposed Loan Agreement and believes it is in the best interest of the Pueblo to authorize the Governor to negotiate and enter into a final Loan Agreement with SIS LLC for funding for the C-Store improvements; and

(i) The Loan Agreement is not intended to be a capital contribution by the Member's Representatives.