17.2.30.040 Findings

The Council hereby finds and declares that:

(a) SIS LLC is chartered under tribal law as a single member limited liability

company wholly owned by the Pueblo; and

(b) On June 21, 2017, the Pueblo de San Ildefonso enacted a law entitled "Act to Transfer Ownership and Operation of C-Stores to San Ildefonso Services, LLC," and

(c) To carry out the Act, the Pueblo and SIS LLC effected the transfer of ownership and operation of the Totavi and White Rock C-Stores on July 1, 2017; and

(d) Under Article VIII of its Articles of Organization, San Ildefonso Services LLC has authority to "buy, sell, lease and otherwise acquire and maintain buildings, offices, shops and other appurtenances proper and necessary for the carrying on of said business," and

(e) The Pueblo and SIS LLC entered into the Business Lease (the "Business Lease") for the Totavi Gas Station and Convenience Store dated May 9, 2018, and the term of such lease began on July 1, 2017; and

(f) On or about March 22, 2019, the Parties amended the Business Lease to correct the acreage of the leased premises and to update the date of the Surveyor's Certificate; and

(g) The Business Lease and its accompanying amendment were both approved by the Superintendent, Northern Pueblo Agency, Bureau of Indian Affairs (BIA), on March 27, 2019; and

(h) On or around November 24, 2020, the Parties further amended the Business Lease (the "Second Amended Lease") whereby SIS LLC secured a USDA loan for purposes of making upgrades and other improvements to the Totavi Gas Station and Convenience Store, and the Business Lease was extended for an additional five years through September 30, 2027; and

(i) The term of the USDA Loan extends beyond the current term of the Business Lease.

(j) The term of the Business Lease cannot expire during the term of the USDA Loan.

(k) The term of the Business Lease shall be extended through September 30, 2027, to ensure that the term of the Business Lease does not expire during the term of the USDA Loan.

(l) A fully executed copy of the Second Amended Lease cannot be found and there is no record that it was recorded with BIA for review and approval.

(m) The annual rental payments for Year 3 through Year 5 specified in the Business Lease shall remain in full force and effect.

(n) The rental payments for Year 6 through Year 10 shall be in accordance with the following payment schedule:

(o) The acreage shall be expanded in the leased area as described in the Revised Second Amended Lease.

(p) Approval of the Secretary and sureties, if any, for subleases, assignments, management agreements, or transfer of the Business Lease or any rights to or interest in the Business Lease shall be removed and the only approval required shall be by the Pueblo.

(q) The Council, finds it in the best intertest of the Pueblo to authorize the Governor to negotiate and execute the Revised Second Amended Business Lease.

(r) All other terms of the Business Lease, as amended, shall remain in full force and effect.