Resolution No. SI-R18-005: Approving and Authorizing the Business Lease with San Ildefonso Services, LLC for the Totavi Convenience Store
At a duly called meeting of the Council of San Ildefonso Pueblo on the 9th day of May, 2018, the following Resolution was adopted:
WHEREAS, the Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America; and
WHEREAS, the sovereign authority of the Pueblo is vested in its Council and Governor; and
WHEREAS, the Pueblo de San Ildefonso previously enacted a law titled "Act to Transfer Ownership and Operation of C-Stores to San Ildefonso Services, LLC"; and
WHEREAS, a business lease is required for the Totavi Convenience Store, which is located on the Pueblo's lands; and
WHEREAS, the Council has determined that it is prudent and in the best interest of the Pueblo to authorize the Governor of the Pueblo to negotiate and execute a business lease with San Ildefonso Services, LLC for the Totavi Convenience Store consistent with the attached Act "APPROVING AND AUTHORIZING THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI CONVENIENCE STORE."
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "APPROVING AND AUTHORIZING THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI CONVENIENCE STORE."
BE IT FINALLY RESOLVED, that the Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this resolution.
APPROVING AND AUTHORIZING THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI CONVENIENCE STORE
Section 1.1. Short Title
This enactment shall be known as the Act, "APPROVING AND AUTHORIZING THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI CONVENIENCE STORE."
Section 1.2. Definitions
(a) "Totavi Convenience Store" means the Totavi Convenience Store and Gas Station located within the external boundaries of the Pueblo.
(b) "SIS LLC" means San Ildefonso Services, LLC, a single member limited liability company organized under tribal law and wholly owned by the Pueblo .
Section 1.3. Purpose
The purpose of this Act is to authorize and direct the Governor of the Pueblo to negotiate and execute a Business Lease with SIS LLC for the Totavi Convenience Store.
Section 1.4. 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.
(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."
(c) To carry out the Act, San Ildefonso Services, LLC will need to obtain a business lease for the premises of the Totavi Convenience Store, which is located on the Pueblo's lands.
(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."
(e) A copy of the proposed Business Lease for the Totavi Convenience Store is attached to this Resolution ("Proposed Business Lease" or "Proposed Lease").
Section 1.5. Council Authorizations and Waivers
(a) The Council has reviewed the proposed monetary compensation that must be paid under the Proposed Business Lease and has determined the amount to be satisfactory to the Pueblo, and the Council hereby waives valuation that may otherwise be required under the Code of Federal Regulations, and has determined that accepting such negotiated compensation and waiving valuation is in the best interests of the Pueblo.
(b) The Council has determined that it is in the Pueblo's best interest that no periodic review of the adequacy of compensation or adjustment be required for the Proposed Business Lease.
(c) The Council has determined that it is in the Pueblo's best interest to waive the requirement of a performance bond or an alternative form of security that may otherwise be required under the Code of Federal Regulations, and further requests that the Bureau of Indian Affairs, Department of the Interior, defer to the Council's express waiver of such bond or security.
(d) The Council has determined that it is in the Pueblo's best interest to provide an express and limited waiver of its immunity from suit, subject to the limitations herein, only as to actions to enforce the Business Lease or any settlement agreement reached in mediation under the Business Lease, provided that the Pueblo's limited waiver of sovereign immunity is granted only to San Ildefonso Services, LLC and not to any other individual or entity, and that the Pueblo de San Ildefonso Tribal Court shall have exclusive jurisdiction over any lawsuit brought pursuant to this limited waiver of immunity.
(e) The Council has determined that the Governor may execute said Business Leases or any other certification required by federal or tribal law.
Section 1.6. Authority of Tribal Governor to Execute the Business Lease
The Council hereby authorizes and directs the Governor of the Pueblo to negotiate and execute a final Business Lease in substantially the same form as the attached Proposed Business Lease consistent with this Act, make any revisions and amendments that may be necessary and required to support the execution of a final Business Lease, and execute any certification that may be required by federal or tribal law to support the execution of a final Business Lease.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on May 9, 2018, at a meeting with a vote of in favor, opposed, abstaining and absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | ||||
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Raymond J. Martinez | ||||
| Timothy A. Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R18-005 was presented to the Governor of the Pueblo de San Ildefonso on the 9th day of May, 2018, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.
Irene Tse-Pe, Council Secretary
{ } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this __________ day of ________________________, 2018.
Perry M. Martinez, Governor
Presented by the Governor to the Council on the ____ day of ____________, 2018.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | ||||
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Raymond J. Martinez | ||||
| Timothy A. Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2018, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
APPROVING AND AUTHORIZING THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI CONVENIENCE STORE
Section 1.1. Short Title
This enactment shall be known as the Act, "APPROVING AND AUTHORIZING THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI CONVENIENCE STORE."
Section 1.2. Definitions
(a) "Totavi Convenience Store" means the Totavi Convenience Store and Gas Station located within the external boundaries of the Pueblo.
(b) "SIS LLC" means San Ildefonso Services, LLC, a single member limited liability company organized under tribal law and wholly owned by the Pueblo .
Section 1.3. Purpose
The purpose of this Act is to authorize and direct the Governor of the Pueblo to negotiate and execute a Business Lease with SIS LLC for the Totavi Convenience Store.
Section 1.4. 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.
(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."
(c) To carry out the Act, San Ildefonso Services, LLC will need to obtain a business lease for the premises of the Totavi Convenience Store, which is located on the Pueblo's lands.
(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."
(e) A copy of the proposed Business Lease for the Totavi Convenience Store is attached to this Resolution ("Proposed Business Lease" or "Proposed Lease").
Section 1.5. Council Authorizations and Waivers
(a) The Council has reviewed the proposed monetary compensation that must be paid under the Proposed Business Lease and has determined the amount to be satisfactory to the Pueblo, and the Council hereby waives valuation that may otherwise be required under the Code of Federal Regulations, and has determined that accepting such negotiated compensation and waiving valuation is in the best interests of the Pueblo.
(b) The Council has determined that it is in the Pueblo's best interest that no periodic review of the adequacy of compensation or adjustment be required for the Proposed Business Lease.
(c) The Council has determined that it is in the Pueblo's best interest to waive the requirement of a performance bond or an alternative form of security that may otherwise be required under the Code of Federal Regulations, and further requests that the Bureau of Indian Affairs, Department of the Interior, defer to the Council's express waiver of such bond or security.
(d) The Council has determined that it is in the Pueblo's best interest to provide an express and limited waiver of its immunity from suit, subject to the limitations herein, only as to actions to enforce the Business Lease or any settlement agreement reached in mediation under the Business Lease, provided that the Pueblo's limited waiver of sovereign immunity is granted only to San Ildefonso Services, LLC and not to any other individual or entity, and that the Pueblo de San Ildefonso Tribal Court shall have exclusive jurisdiction over any lawsuit brought pursuant to this limited waiver of immunity.
(e) The Council has determined that the Governor may execute said Business Leases or any other certification required by federal or tribal law.
Section 1.6. Authority of Tribal Governor to Execute the Business Lease
The Council hereby authorizes and directs the Governor of the Pueblo to negotiate and execute a final Business Lease in substantially the same form as the attached Proposed Business Lease consistent with this Act, make any revisions and amendments that may be necessary and required to support the execution of a final Business Lease, and execute any certification that may be required by federal or tribal law to support the execution of a final Business Lease.
