A1-11 Elliott Beauty Lease for IHS Constn Hsg 2019.11.14.docx

RESIDENTIAL LEASE AGREEMENT BETWEEN ELLIOTT BEAUTY AND [CONSTRUCTION CONTRACTOR]

RESIDENTIAL LEASE AGREEMENT

PARTIES TO AGREEMENT:

LESSOR:

Elliott Beauty 304 Old Woman in Cave Camp Verde, Arizona 86332

LESSEE:

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

1. DESCRIPTION OF SERVICES

Elliott Beauty (the “Lessor”) shall lease his residential home to [Insert name of construction contract company] (the “Lessee”) for the purpose of facilitating the construction and completion of the Havasupai Tribe’s (the “Tribe”) new Indian Health Services (“IHS”) clinic and quarters (the “Construction Project”).

2. PREMISES

The leased premises shall consist of Lessor’s personal residence (the “Premises”) (i.e., the three (3) bedroom white house behind the Mormon Church) located at upper East Village of Supai Village on the Havasupai Reservation (the “Reservation”). Pursuant to this Agreement, Lessor leases the Premises to Lessee, who shall allow Lessee’s employees (“Occupants”) to reside in the Premises on the terms and conditions set forth herein.

3. 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.

4. MONTHLY RENT

The monthly rent to be paid to the Lessor by Lessee throughout the term of this Agreement is $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.

5. UTILITIES AND FEES

The Lessee shall begin paying all utilities (e.g., electricity) promptly upon taking possession of the Premises.

The Lessee shall pay to the Tribe a monthly fee of $80.00 for trash pickup and $100.00 for water use. Trash and water fees are due the first (1st) day of the month by check payable to “Havasupai Tribe.”

The Lessee shall also pay to the Tribe a monthly subleasing fee of $250.00 per month due the first (1st) day of the month by check payable to “Havasupai Tribe.”

6. 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 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 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.

Digging on the land or cutting down trees at the Premises is prohibited.

Pets are not permitted at the Premises.

Smoking is not permitted at the Premises.

7. ENTRY AND INSPECTION

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, no notice shall be required for Lessor to enter the Premises. Provided, however, Lessor has no obligation to make repairs or address emergencies that may occur at the Premises.

8. 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. Any appliances or systems, such as air conditioning or heating, damaged or rendered unusable during the Initial Term of this Lease and any subsequent month-to-month term shall be repaired or replaced by the Lessee at Lessee’s own cost. 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.

9. UPGRADES AND MODIFICATIONS

Lessee is authorized to make professional quality upgrades or repairs to the Premises during the term of this Agreement at Lessee’s own cost. Where the specific upgrade or repair is addressed in the Uniform Building Code (1999) (the “UBC”), Lessee shall meet the UBC’s standards in making those upgrades or repairs. Substantial modifications that alter the floor plan of the Premises, such as removing or adding walls, shall be approved in writing by Lessor prior to construction. Any improvements or modifications made to the Premises by Lessee shall be left as-is and at no cost to the Lessor upon termination of this Agreement.

10. 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.

11. TRIBAL COUNCIL APPROVAL

Lessor and Lessee must have the approval of the Tribal Council for this Agreement to be effective pursuant to 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 Tribal Council may revoke its approval at any time for any reason deemed sufficient by the Tribal Council.

12. 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.

13. NO WAIVER OF SOVEREIGN IMMUNITY

The Tribe is not a party to this Agreement. 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.

14. 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.

15. 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.

16. 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: ELLIOTT BEAUTY

Lessor Signature

LESSEE: [INSERT CONTRACTOR NAME]

Lessee Signature

Approved by:

HAVASUPAI TRIBE

Tribal Chair / Tribal Vice-Chair

DATE: