Resolution No. SI-R20-022: Act Authorizing Second Amendment to the Business Lease with the San Ildefonso Services, LLC for the Totavi Gas Station and Convenience Store
At a duly called meeting of the Council of San Ildefonso Pueblo on the 24th day of November, 2020, the following law 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 voters of the Pueblo approved a new Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011 pursuant to Federal law; and,
WHEREAS, the Pueblo Council ("Council") is the duly constituted Legislative body acting for the Pueblo; and,
WHEREAS, the Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and,
WHEREAS, the Council desires to amend the Business Lease for the Totavi Gas Station and Convenience Store to extend the term to September 30, 2027.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "ACT AUTHORIZING SECOND AMENDMENT TO THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI GAS STATION AND CONVENIENCE STORE."
NOW THEREFORE BE IT RESOLVED, that the Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published 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.
ACT AUTHORIZING SECONF AMENDMENT TO THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI GAS STATION AND CONVENIENCE STORE
Section 1.1. Short Title
This enactment shall be known as the "ACT AUTHORIZING SECOND AMENDMENT TO THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI GAS STATION AND CONVENIENCE STORE" ("Act").
Section 1.2. Definitions
(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.
(b) "Business Lease" means the Business lease for the Totavi Gas Station and Convenience Store entered into on May 9, 2018, between the Pueblo de San Ildefonso and San Ildefonso Services, LLC and all amendments thereto.
(c) "Council" means the Pueblo de San Ildefonso Council.
(d) "Loan" means the loan guaranteed by the U.S. Department of Agriculture that San Ildefonso Services, LLC will apply for.
(e) "Pueblo" means the Pueblo de San Ildefonso.
Section 1.3. Purpose
The purpose of this act is to authorize the second amendment to the Business Lease. The Second Amendment to the Business Lease Totavi Gas Station and Convenience Store (the "Second Amendment") sets out the amended terms to the Business Lease, including the extending the term and incorporating a payment schedule for the extended term.
Section 1.4. Findings
The Council hereby finds that:
(a) On May 9, 2018, the Pueblo and San Ildefonso Services, LLC entered into the Business Lease; and
(b) San Ildefonso Services, LLC will apply for the Loan for purposes of making upgrades and other improvements to the Totavi Gas Station and Convenience Store; and
(c) The term of the Loan is expected to extend beyond the current term (i.e. September 30, 2022) of the Business Lease; and
(d) The term of the Business Lease cannot expire during the term of the Loan; and
(e) 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 Loan; and
(f) The annual rental payments for Year 3 through Year 5 specified in the Business Lease shall remain in full force and effect; and
(g) The rental payments for Year 6 through Year 10 shall be in accordance with the following payment schedule:
| Year | Annual Rental Amount | Monthly Rate |
|---|---|---|
| 6 | $25,293.00 | $2,107.75 |
| 7 | $26,430.96 | $2,202.58 |
| 8 | $27,620.04 | $2,301.67 |
| 9 | $28,863.00 | $2,405.25 |
| 10 | $30,162.00 | $2,513.50 |
(h) The Council, having reviewed the Second Amendment document, attached hereto, finds approval of the Second Amendment is in the best interest of the Pueblo.
(i) All other items of the Business Lease shall remain in full force and effect.
Section 1.4. Authorizations
(a) The Council approves the attached Second Amendment.
(b) The Governor is authorized to take such actions necessary to make any minor technical non-substantive amendments to the Second Amendment document as may be necessary provided that Council is informed of such amendments.
(c) The Governor is authorized to take such action as necessary to submit the completed Second Amendment to Northern Pueblos Agency, Bureau of Indian Affairs, for review and approval.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on November 24, 2020, at a meeting with a vote of 9 in favor, 0 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
William S. Christian, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | X | |||
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| M. Wayne Martinez, Jr. | X | |||
| Raymond J. Martinez | X | |||
| Christopher Moquino | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R20-022 was presented to the Governor of the Pueblo de San Ildefonso on the 25th day of November , 2020, 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.
William S. Christian, Council Secretary
{ X } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this 25th day of November, 2020.
Perry Martinez, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2020.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| M. Wayne Martinez, Jr. | ||||
| Raymond J. Martinez | ||||
| Christopher Moquino | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2020, 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.
William S. Christian, Council Secretary
ACT AUTHORIZING SECONF AMENDMENT TO THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI GAS STATION AND CONVENIENCE STORE
Section 1.1. Short Title
This enactment shall be known as the "ACT AUTHORIZING SECOND AMENDMENT TO THE BUSINESS LEASE WITH SAN ILDEFONSO SERVICES, LLC FOR THE TOTAVI GAS STATION AND CONVENIENCE STORE" ("Act").
Section 1.2. Definitions
(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.
(b) "Business Lease" means the Business lease for the Totavi Gas Station and Convenience Store entered into on May 9, 2018, between the Pueblo de San Ildefonso and San Ildefonso Services, LLC and all amendments thereto.
(c) "Council" means the Pueblo de San Ildefonso Council.
(d) "Loan" means the loan guaranteed by the U.S. Department of Agriculture that San Ildefonso Services, LLC will apply for.
(e) "Pueblo" means the Pueblo de San Ildefonso.
Section 1.3. Purpose
The purpose of this act is to authorize the second amendment to the Business Lease. The Second Amendment to the Business Lease Totavi Gas Station and Convenience Store (the "Second Amendment") sets out the amended terms to the Business Lease, including the extending the term and incorporating a payment schedule for the extended term.
Section 1.4. Findings
The Council hereby finds that:
(a) On May 9, 2018, the Pueblo and San Ildefonso Services, LLC entered into the Business Lease; and
(b) San Ildefonso Services, LLC will apply for the Loan for purposes of making upgrades and other improvements to the Totavi Gas Station and Convenience Store; and
(c) The term of the Loan is expected to extend beyond the current term (i.e. September 30, 2022) of the Business Lease; and
(d) The term of the Business Lease cannot expire during the term of the Loan; and
(e) 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 Loan; and
(f) The annual rental payments for Year 3 through Year 5 specified in the Business Lease shall remain in full force and effect; and
(g) The rental payments for Year 6 through Year 10 shall be in accordance with the following payment schedule:
| Year | Annual Rental Amount | Monthly Rate |
|---|---|---|
| 6 | $25,293.00 | $2,107.75 |
| 7 | $26,430.96 | $2,202.58 |
| 8 | $27,620.04 | $2,301.67 |
| 9 | $28,863.00 | $2,405.25 |
| 10 | $30,162.00 | $2,513.50 |
(h) The Council, having reviewed the Second Amendment document, attached hereto, finds approval of the Second Amendment is in the best interest of the Pueblo.
(i) All other items of the Business Lease shall remain in full force and effect.
Section 1.4. Authorizations
(a) The Council approves the attached Second Amendment.
(b) The Governor is authorized to take such actions necessary to make any minor technical non-substantive amendments to the Second Amendment document as may be necessary provided that Council is informed of such amendments.
(c) The Governor is authorized to take such action as necessary to submit the completed Second Amendment to Northern Pueblos Agency, Bureau of Indian Affairs, for review and approval.
