§ 1-211 Improvements.
A. All leases shall require the lessee to exercise due diligence and best efforts to complete construction of any improvements within the schedule specified in the lease.
B. Lessee, at lessee’s expense or as otherwise provided in the lease, may construct improvements under a lease if the lease specifies, or provides for the development of:
1. A plan that describes the type and location of any improvements to be built by the lessee; and
2. A general schedule for construction and completion of the improvements.
C. Lessee shall provide the Tribe written justification as to the nature of any delay, the anticipated date of construction of the improvements, and evidence of progress toward commencement of construction.
D. When requested by the Tribe or otherwise required in the lease, lessee shall further provide the Tribe, in writing, an updated schedule for construction.
E. Failure of the lessee to comply with these requirements will be deemed a violation of the lease and may lead to termination of the lease.
F. Improvements to the leased premises shall become the property of the Tribe unless otherwise provided for in the lease. If improvements will be removed, the lease shall specify, unless waived by the Tribe, the maximum time allowed for such removal, the lessee’s responsibility for such removal, and the lessee’s obligations to restore and reclaim the property to conditions acceptable to the Tribe.
G. A lessee may develop equity value in the improvements, and sell its interest in the lease and improvement based on the equity value. The Tribe has a right of first refusal to purchase the interest. (Res. 2020-30)