Resolution No. SI-R19-007: Act Authorizing Amendment to Business Lease with San Ildefonso Services, LLC, for the Totavi Convenience Store
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 Council is authorized to make laws for the Pueblo pursuant to Section 5 of the governing document of the Agreement; and
WHEREAS, on May 9, 2018, the Pueblo and San Ildefonso Services, LLC entered into a Business Lease for Totavi Gas Station and Convenience Store, the term of which started on July 1, 2017; and
WHEREAS, the Council has determined the need to amend the Business Lease to address and correct the acreage and Surveyors Certificate as it is described in the Description of Leased Premises.
NOW THEREFORE BE IT RESOLVED that the Council hereby enacts the attached law entitled the "ACT AUTHORIZING AMENDMENT TO BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC, FOR THE TOTAVI CONVENIENCE STORE."
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on March 12 , 2019, at a meeting with a vote of 10 in favor, 0 opposed, 0 abstaining and 0 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 Stuart Christian | X | |||
| Glenda Fred-Weahkee | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Christopher Moquino | X | |||
| Raymond J. Martinez | X | |||
| Tim Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R19-007 was presented to the Governor of the Pueblo de San Ildefonso on the 12th day of March, 2019, 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 _______________________, 2019.
Perry Martinez, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2019.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | ||||
| Glenda Fred-Weahkee | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Christopher Moquino | ||||
| Raymond J. Martinez | ||||
| Tim Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2019, 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
ACT AUTHORIZING AMENDMENT TO BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC, FOR THE TOTAVI CONVENIENCE STORE
Section 1.1. Short Title
This enactment shall be known as "ACT AUTHORIZING AMENDMENT TO BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC, FOR THE TOTAVI CONVENIENCE STORE" ("Act").
Section 1.2. Definitions
(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.
(b) "Council" means the Pueblo de San Ildefonso Council.
(c) "Pueblo" means the Pueblo de San Ildefonso.
Section 1.3. Purpose
The purpose of this Act is to authorize amendment of the May 9, 2018 Business Lease between the Pueblo and the San Ildefonso Services, LLC for the Totavi Gas Station and Convenience Store. The Amendment of Business Lease ("Amendment") sets out the amended terms of the Business Lease for the changed acreage and Surveyor's Certificate for the boundary survey.
Section 1.4. Findings
The Council hereby finds that:
(a) On May 9, 2018, the Pueblo and San Ildefonso Services, LLC entered into a Business Lease for the Totavi Gas Station and Convenience Store, the term of which started on July 1, 2017.
(b) Preliminary surveys must be reviewed by the Southwest Region - Bureau of Land Management Indian Lands Surveyor to verify that all Basic Requirements for Surveys within the BIA Southwest Region are implemented.
(c) In the process of reviewing the boundary survey plat for the Leased Premises, findings were identified and changes were required.
(d) 25 CFR Part 162.418 requires an accurate legal description of the leased premises.
(e) The Council acknowledges that there is an increase in the amount of acreage of approximately 0.0312 acres for the Leased Premises from the total amount of 2.1892 acres reflected in the initial survey and determines that it is the best interest of the Pueblo to amend the Business Lease to reflect the changed acreage and update the Surveyor's Certificate date.
(f) The Council acknowledges this amendment is to correct the acreage to 2.2204 acres (96,720 Sq. Ft.), more or less and update the Surveyors Certificate date to November 29, 2018 resulting from the survey review requirement.
(g) The Council, having reviewed the Amendment to Business Lease document, attached hereto, finds approval of the Amendment is in the best interest of the Pueblo.
(h) The Council acknowledges that all other terms of the May 9, 2018 Business Lease remain in full force and effect.
Section 1.5. Authorizations
(a) The Council approves the attached Amendment to the Business Lease.
(b) The Governor is authorized to make any minor technical non-substantive amendments to the Amendment to Business lease document as may be necessary, provided that the Council is informed of such amendments.
(c) The Governor is authorized to take such actions as necessary to submit the completed Amendment to Business Lease to BIA-Northern Pueblos Agency for review and approval.
