A1-10 Havasupai Lodge Lease for IHS Constn Hsg - Copy for Transmission to IHS.docx

RESIDENTIAL LEASE AGREEMENT BETWEEN HAVASUPAI TRIBE AND [CONSTRUCTION CONTRACTOR]

RESIDENTIAL LEASE AGREEMENT

PARTIES TO AGREEMENT:

LESSOR:

Havasupai Tribe P.O. Box 10 Supai, Arizona 86435

LESSEE:

[Insert name of construction contract company] [Insert address] [Insert address]

1. DESCRIPTION OF SERVICES

Pursuant to the authorities of the Havasupai Tribal Council established in Article V, Section 1(j) of the Constitution of the Havasupai Tribe approved March 27, 1939 and as amended from time to time, and Havasupai Tribal Council Resolution No. 28-19, [the Havasupai Tribe (the “Tribe”), by and through Havasupai Tourism Enterprise, a wholly owned enterprise of the Havasupai Tribe,] (the “Lessor”) shall lease one (1) room (the “Premises”) at the Havasupai Lodge on the Havasupai Reservation (the “Reservation”) to [Insert name of construction contract company] (the “Lessee”) for the purpose of facilitating the construction and completion of the Tribe’s new Indian Health Services (“IHS”) clinic and quarters (the “Construction Project”). This room shall provide housing for Lessee’s employees (“Occupants”). Pursuant to this Agreement, Lessor leases the Premises to Lessee, who shall allow Occupants to reside in the Premises on the terms and conditions set forth herein.

2. TERM

The expected build time for the Construction Project is four hundred and forty (440) days. In order to accommodate this, the term of this Agreement shall be for a period of one (1) year and three (3) months, effective on [January 1, 2020], and ending on [March 31, 2021] (the “Initial Term”). This Agreement is not subject to termination before conclusion of the Initial Term. After the initial term, if the Construction Project is not yet complete, this Agreement shall automatically renew on a month-to-month basis and shall remain in effect until terminated by either Lessor or Lessee (each a “Party”). Either Party may terminate this Agreement after the Initial Term by providing written notice to the other Party. Termination shall take effect at the end of the first full month after notice is provided. Except as otherwise set forth in this Agreement, all of the terms and conditions of this Agreement shall apply during any month-to-month tenancy.

3. MONTHLY RENT

The monthly rent to be paid to the Lessor by Lessee throughout the term of this Agreement is $1,500.00 per month and shall be due to Lessor on the first (1st) day of each month. Rent for the first month of the term shall be paid to the Lessor at the time this Agreement is executed. Rent shall not be prorated, and rent shall be paid for the full term of this Agreement whether the Premises is occupied or not.

4. RULES OF OCCUPANCY

The only use of the Premises shall be as a private residence for Occupants. No other person(s) shall stay at the Premises.

All Occupant overnight visitors (including family members of Occupants) shall make separate arrangements to stay at the Havasupai Lodge or at a campground.

Occupants seeking to hike trails on the Reservation, including the trails to the waterfalls, shall first check in with the Tourism Office and shall wear the wristbands issued by the Tourism Office for the duration of their hike.

Occupant invitees and visitors seeking to hike trails on the Reservation, including the trails to the waterfalls, shall pay the Tribe’s entrance fee [and environmental fee] and check in with the Tourism Office promptly upon arrival. Invitees and visitors shall wear the wristbands issued by the Tourism Office any time they leave Supai Village.

Lessee, Occupants, and their invitees and visitors understand and acknowledge that entrance onto the Reservation is conditioned upon consent to the Tribe’s civil regulatory and adjudicatory jurisdiction.

All Occupants and their invitees and visitors are subject to and shall comply with the Tribe’s “Tourism Code” (Chapter 18 of the Tribe’s Law and Order Code), which, among other things, prohibits the following within the Reservation, including at the Premises:

· Possession, transport, sale, and consumption of alcohol;

· Possession, transport, sale, and consumption of illegal drugs (including but not limited to Marijuana);

· Leaving designated trails, climbing cliff or canyon walls, diving off waterfalls, or trespassing into Tribal members’ homes or yards;

· Taking pictures or video of Tribal members, their homes, or Supai Village;

· Using drones;

· Littering;

· Committing acts of vandalism; and

· Disturbing, defacing, removing, excavating, or trespassing upon archaeological or cultural sites or objects found there.

Lessee, Occupants, and their invitees and visitors understand that violation of the Tourism Code is punishable by substantial fines and may result in expulsion from the Reservation. Occupants charged with violating the Tourism Code shall not be allowed to continue using the Premises; Lessee shall enforce this provision immediately upon presentation of a citation to Lessee by the Tribe or any of its employees.

Occupants shall lose their privilege of using the Premises under the following circumstances and this provision shall be enforced immediately by Lessee:

· Occupant or invitee or visitor of Occupant violates any terms of this Agreement;

· Occupant or invitee or visitor of Occupant commits criminal or illegal activities at the Premises (except where the invitee or visitor commits a crime against the person or property of Occupant); or

· Occupant or invitee or visitor of Occupant participates in disruptive behavior.

Pets are not permitted at the Premises.

Smoking is not permitted at the Premises.

5. ENTRY AND INSPECTION

Lessor’s employees will provide the usual daily room service offered other guests of Havasupai Lodge. Additionally, the Lessor shall be authorized to enter the Premises upon reasonable notice provided to Lessee for the purpose of inspecting the Premises or for making minor repairs to the Premises. In the event of an emergency or notification by Lessor’s employees of violation of a Rule of Occupancy, no notice shall be required for Lessor to enter the Premises.

6. DUTY TO MAINTAIN PREMISES AND SECURITY DEPOSIT

Lessee shall maintain the Premises in as good or better condition than found, and shall leave the Premises in clean and habitable condition. In order to ensure fulfillment of this provision, Lessee shall pay to the Tribe a security deposit of $1,000.00. The Tribe may utilize the security deposit to restore the condition of the Premises, and to put the Premises in a clean and habitable condition, upon termination of this Agreement.

7. UPGRADES AND MODIFICATIONS

Lessee is not authorized to make upgrades, repairs, or modifications of the Premises during the term of this Agreement.

8. LIABILITY, INDEMNIFICATION, AND INSURANCE

Lessor shall not be liable for and Lessee waives all claims against Lessor for any personal injury, damages, or loss of personal property due to theft, vandalism, fire, water, rain, smoke or other causes whatsoever in or about the Premises. Lessee shall protect, defend, indemnify and hold Lessor harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of (a) any damage to any property, Occupants, or their invitees or visitors, or any other persons, occurring in, on or about the Premises to the extent that such injury or damage shall be caused by or arise from any actual or alleged act, neglect, fault, or omission by or of Lessee, Occupants, or their agents, employees, invitees, or visitors; (b) the conduct or management of any work or thing whatsoever done by the Lessee or Occupants in or about the Premises or from transactions of the Lessee concerning the Premises; (c) Lessee, Occupants, or their invitees or visitors’ failure to comply with any and all governmental laws and regulations applicable to the condition or use of the Premises or its occupancy; or (d) any breach or default on the part of the Lessee or its Occupants in the performance of any covenant or agreement on the part of the Lessee or its Occupants to be performed pursuant to this Agreement. Lessee shall maintain insurance coverage for the duration of this Agreement that names Lessor as a covered party for theft, vandalism, fire, smoke, explosion, water, and rain damage. The provisions of this paragraph shall survive the termination of this Agreement with respect to any claims or liability accruing prior to such termination.

9. NO ASSIGNMENT OF RIGHTS OR DUTIES OF LESSEE

This Agreement may not be assigned or otherwise transferred without the prior written approval of the Lessor and Tribal Council.

10. NO WAIVER OF SOVEREIGN IMMUNITY

Nothing whatsoever in this Agreement constitutes or shall be construed or considered as a waiver, express or implied, of the sovereign immunity of the Tribe (including its subordinate entities) or its officers, employees, or agents.

11. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Tribe. The Parties irrevocably consent to the exclusive jurisdiction and venue of the Havasupai Tribal Courts for purposes of any judicial proceeding that may be instituted in connection with any matter arising under, out of, or relating to this Agreement or any transactions arising from it.

12. COUNTERPARTS; SIGNATURE PAGE

This Agreement may be executed and delivered in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered with separate signature pages with the same effect as though all signatories had executed and delivered the same signature page.

13. ENTIRE AGREEMENT

This document constitutes the entire Agreement and may be modified or amended only by written agreement signed by both Parties. There shall be no verbal agreements between the Parties. If any part or provision of this Agreement or the application thereof shall be adjudged invalid, the validity of the other parts or provisions shall not be affected.

IN WITNESS THEREOF, the Parties have caused this Agreement to be executed on the date set forth below.

LESSOR: HAVASUPAI TRIBE

Tribal Chair / Tribal Vice-Chair

LESSEE: [INSERT CONTRACTOR NAME]

Lessee Signature

DATE: