Resolution No. 03-Qgl-RP
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
FORT BERTHOLD INDIAN RESERVATION
A Res4^ution enMed^ "Phase 11 Bureau ofReclamadon Contractfor MR&I"
WHEREAS, This Nation ha^ang accepted the Indian Reorganization Act of June 18,1934, and
the authority under said Act; and
WHEREAS, The Three Affiliated Tribes Constitution authorizes and empowers the Mandan,
Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and
in the interest of the welfare and benefit of the Tribes and of the enrolled
members thereof; and
NOW, TBDEREFORE BE IT RESOLVED, Authorization is given to Marcus Wells Sr., and
Steve Salveson to n^otiate Phase H of the Bureau of Reclamation Contract
for MR&L
FURTHER, BE IT RESOLVED, Negotiations include; Direct Construction and
Administrative Costs, Indirect Costs (and shortfaUs), TERO fees, and all
other costs that are necessary.
CERTIFICATION
I, the undersized, as Secretjuy of the Tribal Business Council of the Three Affiliated Tribes of the
Fort Berthold Indian Reservation hereby certify that the tribal Business Coundl is composed of seven
(7) members of v^iiomfive(5) constitute a quorum, G were preseatl|it a bl^Udd.
Meeting
thereof duly called, noticed, convened and held on the S"^ day of /|l^|?irM.^>iyU- _. 2003, that the
foregoing Resolution was duly adopted at such meeting by the affirmative voteJ^of 5 members,
0 members opposed, o members abstained, j members not voting, and that said Resolution
has not been rescinded or amended in any way.
Chairman [X| Voting. [ INot Votmg.
Dated this b ^ day o/\i^Wimf\
iML.,. 2003.
Mo^
Executive Sectary, Randy Phelan
Tribal Business Council
ChaSrmari^ TexKJ. Hall
Tribal Business Council
Page 1 of 1
Resolution No. 03-06Z-KP
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution entitled, "InMrect Cost Rates for FY99 thru FYOJ"
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and
the authority under smd Act; and
WHEREAS, The Three Affiliated Tribes Constitution authorizes and empowers the Mandan,
Hidatsa & Arikara. Tribal Business Council to engage in activity on behalf of and
in the interest of the welfare and benefit of the Tribes and of the enrolled
members thereof; and
NOW, THEREFORE BE IT RESOLVED, authorization is given to Marcus Wells Sr., and
Steve Salveson to negotiate the Indirect Costs Rates for FY 99 thru FY03,
with the Office of the Inspector General (O.LG.).
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the
Fort Berthold Indian Reservation hereby certify that the tribal Business Council is coimiosed of seven
(7) members of whomfive(5) constitute a quorum, (^ were present^t a ^tcicd
Meeting
thereof duly called, noticed, convened and held on the 5^ day of l ^ ^ o m o i l ^ _. 2003. that the
foregoing Resolution was duly adopted at such meeting by the affirmative vote eg 5 members,
0 members opposed, O members abstained, I members not voting, and that said Resolution
has not been rescinded or amended in any way.
Chairman p^ Voting. [ ] Not Voting.
Dated this 5 ^ day of (^IfUO/rlf . 2003.
ATTEST;
idy Phelan
Tribal Business Council
K
Ch&irmlm, Tex G. Hall
Tribal Business Council
Page 1 of1
Resolution No. 03-0^3 -RP
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution entitied, "
TBCH Interim Loan
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18,
1934, and the authority under said Act; and
WHEREAS, The Three Affiliated Tribes Constitution authorizes and empowers the
Mandan, Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and in the
interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18,
1934, and the authority under said Act; and
WHEREAS, The Constitution of the Three AfiSliated Tribes generally authorizes and
empowers the Tribal Business Council to engage in activities on behalf of and in the interest of
the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS, Article VI, Section 5(c) of the Constitution of the Three Affiliated Tribes
specifically authorizes and empowers the Tribal Business Council to administer the funds within
the exclusive control of the Tribes and to make expenditures fi-om available Tribal fimds for
public purposes of the Tribes; and
WHEREAS, Twin Buttes Custom Homes, a tribaUy owned corporation, being in
existence since June of 2001 and in the course of doing business. Twin Buttes Custom Homes
has found it necessary to seek financing to continue operations and complete projects; and
WHEREAS, Twin Buttes Custom Homes has applied for and has been approved for a
loan in the amount of $675,000.00 with the Native American Bank subject to a BIA guaranty;
and
WHEREAS, The Bvireau of Indian Affairs Credit Officer has recommended approval
for the guaranty request on this loan and has forwarded the recommendation to the Regional
Director for final approval; and
Page 1 of2
Resolution No. 03- 0^3-RP
WHEREAS, due to the time delay in processing this loan, Twin Buttes Custom Homes
requires an interim loan from the Three AflBliated Tribes in the amount of $182,000.00 to cover
payroll and essential operating expenditures;
NOW, THEREFORE, BE IT RESOLVED, that for the benefit of Twin Buttes Custom
Homes, the Tribal Business Council of the Three Affiliated Tribes hereby agrees
to provide an interim loan to TBCH in the amount of $182,000.00 to be paid from
the proceeds of the Native American Bank loan proceeds at loan closing.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Tribal Chairman and the
Tribal Treasurer are hereby authorized to execute any and all such docimients as
may be necessary to obtain the interim loan on behalf of Twin Buttes Custom
Homes.
CERTIFICATION
I, the vmdersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Indian Reservation hereby certify that the tribal Business Council is cppiposed
of seven (7) members of whom five (5) constitute a quorum, I
were pppsant at a ^^IJAOX
Meeting thereof duly called, noticed, convened and held on the f)^ day or//JVU 0/111/ ^ . 2003,
that the foregoing Resolution was duly adopted at such meeting by the afBnmtive votl of
(ff members, ( members opposed, O members abstained, O members not^^^oting,
and that said Resolution has not been rescinded or amended in any way.
Chairman D^ Voting. [ i-^ot Voting.
Dated t h i s 5 ! ^ day of {mMjil^
. 2003.
ATTEST
Executive Secretary, Randy Phelan
Tribal Business Council
Chairman,\Tek G. Hall
Tribal Business Council
Page 2 of2
Resolution No. 03-OSH
-RP
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution entitied, "
TBCH, Tribal Guarantee
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18,
1934, and the authority under said Act; and
WHEREAS, The Three AQSliated Tribes Constitution authorizes and empowers the
Mandan, Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and in the
interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18,
1934, and the authority under said Act; and
WHEREAS, The Constitution of the Three AfiSliated Tribes generally authorizes and
empowers the Tribal Business Council to engage in activities on behalf of and in the interest of
the welfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS, Article VI, Section 5(c) of the Constitution of the Three AflSUated Tribes
specifically authorizes and empowers the Tribal Business Council to administer the fimds within
the exclusive control of the Tribes and to make expenditures fi"om available Tribal fimds for
public purposes of the Tribes; and
WHEREAS, Twin Buttes Custom Homes, a tribally owned corporation, being in
existence since Jime of 2001, and in the course of business Twin Buttes Custom Homes, has
found it necessary to seek financing to continue operations and complete projects; and
WHEREAS, Typically, because TBCH does not have an established credit history,
lenders require that TBCH obtain a general guarantee by the Tribe, with a corresponding limited
waiver of sovereign immunity, of such as TBCH needs to borrow; and
WHEREAS, TBCH has applied for financing with the Native American Bank for a term
loan in the amount of $675,000.00 and a line of credit in the amoimt of $500,000.00 to pay off an
existing line of credit with Community First Bank; and
Page 1 of3
Resolution No. 03-O^H -RP
WHEREAS, The Native American Bank has requested that Twin Buttes Custom
Homes obtain a BIA guarantee insuring the repayment of the loan; the BIA guarantee will
preserve the Three Affiliated Tribe's borrowing capacity with the Native American Bank within
prescribed lending limits;
WHEREAS, The Bureau of Indian Af&irs Credit Officer has recommended approval for
the guaranty request and has forwarded the recommendation for approval to the Regional
Director for his approval;
WHEREAS, in order to obtain the aforementioned loan from the Native American Bank,
TBCH is required to lease the real property where the manufectxiring fecility now exists.
NOWTHEREFORE, BE IT RESOLVED, that for the benefit of Twin Buttes Custom
Homes, the Tribal Business Council of the Three Affiliated Tribes hereby provides assent to any
necessary BIA guarantee in order for TBCH to obtain a term loan of $675,000.00 and a line of
credit of $500,000.00 from the Native American Bank; provided that said guaranty is limited to
the amount of the term loan and line of credit and ftirther provided that said term loan and line of
credit contain the following:
"Nothing in this agreement is or shall be deemed to be a waiver of the Tribe's sovereign
immunity from suit, which immunity is expressly asserted, except to the extent that the Tribe
herby expressly consents to mandatory arbitration xmder the commercial rules of arbitration of
the American Arbitration Association, and consent to be sued in Fort Berthold District Court
(Tribal Court) and in the event Tribal Court fails to provide the requested release in a timely
manner, the United States District Court for North Dakota and all federal courts to which its
decision can be appealed."
Said guarantees are fiirther subject to the following: that for each transaction up to the amount
specified: 1.) TBCH obtains, in writing, the approval of the Chairman and Treasurer of the Tribe;
2.) TBCH reviews the loan documents with the Tribal Legal counsel and abides by such legal
recommendations as may be made by; and
NOWTHEREFORE, BE IT FURTHER RESOLVED, that the Tribal Business
Council of the Three Affiliated Tribes hereby agrees to provide for collateral on this financing
two (2) Certificates of Deposits, namely CD#6420054819 and CD#6420054818, along with the
building and equipment of Twin Buttes Custom Homes; and
Page 2 of3
BUSINESS LEASE
LEASE NO.
THREE AFFILIATED TRIBES
ofthe
FORT BERTHOLD RESERVATION
Tribal Administration Building
404 Frontage Road, New Town, ND 58763
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF THE INDIAN AFFAIRS
FORT BERTHOLD AGENCY
P.O. Box 370, New Town, North Dakota 58763
TABLE OF CONTENTS
page
1.
LEASED PREMISES
1
2.
PURPOSE
2
3.
TERM
4.
DEFINITION
2
5.
RENT
3
6.
IMPROVEMENTS
4
7.
CONSTRUCTION, MAINTENANCE, REPAIR, ALTERATION
4
8.
CONSTRUCTION BOND
4
9.
SUBLEASE, ASSIGNMENT, TRANSFER
4
10.
ENCUMBRANCES
5
11.
LIENS, TAXES, ASSESSMENTS, UTILITY CHARGES
8
12.
LESSOR'S PAYING CLAIMS
9
13.
PUBLIC LIABILITY INSURANCE
9
14.
FIRE AND DAMAGE INSURANCE
10
15.
EMINENT DOMAIN
11
16.
DEFAULT
11
17.
ATTORNEY'S FEES
12
18.
NOPARTNERSfflP
12
19.
TERMINATION OF FEDERAL TRUST
12
.2
u
20.
OLIGATIONS OF LESSEE
13
21.
STATUS OF SUBLEASES
13
22.
INSPECTION
13
23.
HOLDING OVER
13
24.
DELIVERY OF PREMISES
13
25.
EMPLOYMENT OF MEMEBERS OF THE TRIBE
14
26.
MINERALS
14
27.
PROCEDURE FOR RESOLUTION OF DISPUTES BETWEEN LESSOR AND
LESSEE
14
28.
FORCE MAJEURE
15
29.
ENVIRONMENTAL PROTECTION REQUIREMENTS
15
30.
ANTIQUITIES
15
31.
NOTICES
16
32.
EASEMENTS
16
33.
BINDING LEASE
16
34.
INTEREST OF MEMBER OF CONGRESS
16
35.
VALIDITY
16
36.
USE OF GOODS AND SERVICES PRODUCED BY THE MEMBERS
OF THE TRIBE
17
37.
AGREEMENT TO ABIDE BY TRIBAL LAWS
17
38.
JURISDICTION AND GOVERNING LAW
17
39.
LIMITED WAIVER OF SOVEREIGN IMMUNITY
17
40.
APPROVALS
18
m
THREE AFFILIATED TRIBES
ofthe
FIRT BERTHOLD INDIAN RESERVATION
Tribal Administration Building
HC 3 Box 2, New Town, North Dakota 58763
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FORT BERTHOLD AGENCY
P.O. Box 370, New Town, North Dakota 58763
LEASE NO.
BUSINES LEASE
TfflS BUSINESS LEASE ("Lease") is made and entered into by and between the
THREE AFFILIATED TRIBES of the FORT BERTHOLD RESERVATION ("Lessor"),
a federally recognized Indian tribe with an address of Tribal Administration Building, HC
3 Box 2, New Town, North Dakota 58763, and Twin Buttes Custom Homes, INC.
('Lessee"), chartered by the Tribal Business Coimcil of the Three Affiliated Tribes, with
an address of 8060 7* Street South West, HaUiday, North Dakota 58636, in accordance
with the provisions of the Act of August 9,1955 (69 Stat. 539), as implemented by the
regulations contaiaed in 25 C.F.R. Part 162, including all amendments thereto, and other
applicable federal laws and regulations.
1.
LEASED PREMISES
A.
For and in consideration of the rents, covenants and agreements
hereinafter set forth. Lessor hereby leases to Lessee the Leased Premises identified in
Exhibit A attached hereto, together with all Improvements thereon and all easements
appurtenant thereto.
B.
The Leased Premises are leased by the Lessor subject to all prior,
valid and existing rights-of-way. The Leased Premises are leased by the Lessor subject
to a reservation by the Lessor of aU mineral rights on or iinder the Leased Premises and
subject to a reservation of rights in the Lessor to grant rights-of-way and other legal
grants which do not interfere with the use and occupancy of the Leased Premises by the
Lessee.
C.
The Lessee hereby agrees to secure utilities needed for its business
activities on the Leased Premises from utilities serving the Leased Premises.
D.
Lessee has examined the Leased Premises and accepts the same in
present condition thereof, acknowledging that Lessor has made no representation
regarding the condition thereof
2.
PURPOSE
A.
Lessee shall develop and use, or cause to be subleased or assigned
and developed and used, the Leased Premises for the development, construction and
operation of a modular homes manufecturing facility and business and other commercial
purposes, with related facilities which may include but not limited to the development of
reasonable and customary utilities, roads, and other amenities, and for other purposes
incidental to said manufacturing facility and business and other commercial purposes.
B.
Lessee agrees that it wUl not use or caused to be used any part of
the Leased Premises for any unlaw&l conduct or purpose and any Subleases shall
prohibit the use of any part of the Leased Premises for any unlawful conduct or purpose.
3.
TERM
The term of this lease shall be twenty-five (25) years which shall begin on the
Commencement Date. Lessee shall have the option to renew this Lease for one
additional term of twenty-five (25) years on the same terms and conditions. Lessee must
notify Lessor, in writing, of its exercise of said option no later than one hundred eighty
(180) days prior to the expiration of the initial twenty-five years term of this Lease.
4.
DEFINITION
As used in this Lease, unless otherwise expressly stated:
(1)
"Approved Encumbrance" shall mean an encumbrance of a
leasehold or Subleasehold interest in the Leased Premises and Improvements which has
been created pursuant to an Approved Encumbrance Instrument.
(2)
"Approved Encumbrance Instnmient" shall mean an
instrument evidencing a leasehold or Subleasehold encumbrance, the form of which has
been approved by Lessor and the Secretary to extent required by paragraph 10 hereof.
(3)
"Commencement Date" shall be the date on which the
Secretary or his designee givesfinalapproval of this Lease.
(4)
"Improvements" shall mean the improvements constructed
or caused to be constructed on the Leased Premises.
(5)
"Leased Premises" shall mean the real property described
in Exhibit "A" attached hereto together with all Improvements thereon and all easements
appurtenant thereto.
(6)
"Leasehold Mortgagee" shall mean the beneficiary of an
Approved Encumbrance Instrument encumbering a leasehold interest under this lease.
(10) "Sublessee" shall mean any sublessee or subsequent
sublessee of any portion or all of the Leased Premises and Improvements.
(11)
section 3 thereof
"Term" shall mean the term of this Lease set forth in
(12)
"Tribe" shaU mean the Three Affiliated Tribes of the Fort
Berthold Reservation.
5.
RENT
Lessee, an entity chartered by the Tribe and wholly-owned by the tribe, has paid
over to the Lessor the sum of one dollar ($1.00), the receipt of which is hereby
acknowledged, as well as other good and valuable consideration including the covenants
and agreements made by the Lessee herein, rent for the Leased Premises during the Lease
Term. The Secretary and the Lessor acknowledge that said rent is in the best interest of
the Lessor pursuant to 25 CFR 162.107 and 162.604 (6) (3).
6.
IMPROVEMENTS
Any and all Improvements shall be owned by Lessee during the Term of this
Lease, but shall become the property of the Lessor and remain on the Leased Premises at
the expiration or earlier termination of this Lease.
7.
CONSTRUCTION, MAINTENANCE, REPAIR, ALTERATION
A.
AH Improvements placed on the Leased Premises shall be
constructed in a good workmanlike manner and. in compliance with applicable federal
and Tribal laws and building codes. At all times during the Term of this Lease, the
Leased Premises and Improvements are to be maintained in good order and repair and in
safe, sanitary, neat and attractive condition, and shall otherwise comply with all laws,
ordinance or regulation applicable thereto.
B.
Lessee shaU indemnify and hold harmless Lessor against liability
for all claims arisingfromLessee's failure to maintain, repair or alter the Leased
Premises and the Improvements thereon, or the construction, alteration or repair of or on
the Leased Premises, as hereinbefore provided, orfromthe nonobservance of any law,
ordinance or regulation applicable thereto.
8.
CONSRUCTION BOND
Prior to commencement of construction of any Improvements, sufficient security
shall be provided to Lessor for completion of said Improvements along with payment in
fall for claims of all persons for work performed or materialsfamishedfor construction
of the Improvements. Such security may take the form of an agreement between Lessee
and a third party, or between a Sublessee or assignee and a third party, providing for the
ftmding necessary for construction of the Improvements.
9.
SUBLEASE, ASSIGNMENT, TRANSFER
A.
Lessee shaU have the right to sublet, assign or otherwise transfer
all or a portion of Lessee's interest in the Leased Premises under this Lease to any entity
wholly owned by Lessee, or the Tribe without prior written consent of Lessor. Lessee
shall have the right to sublet, assign or otherwise transfer all or a portion of Lessee's
interest in the Leases Premises under this Lease to an entity not wholly-owned by Lessee
or Tribe subject to the prior written consent of Lessor, and if required by an Approved
Encumbrance Instrument the Leasehold Mortgagee consent shall not be unreasonably
withheld. Any sublessee, assignee or transferee shall become liable for the performance
of the obligations of Lessee under this Lease in addition to, and not in substitution for.
Lessee unless otherwise provided herein.
B.
The Secretary, by approval of this Lease, hereby consents, to the
sublease, of aU or a portions of Lessee's interest under this Lease without fiirther
approval of the Secretary, subject to the terms and conditions of 25 CFR 162.610.
C.
Lessor reserves therightto approve or disapprove any sublease,
assignment or to transfer to an entity not wholly-owned by Twin Buttes based upon the
consideration or economic remuneration received by Lessee for such sublease,
assignment or transfer. Lessor may withhold its consent to a sublease, assignment or
transfer to an entity not wholly-owned by the Lessee or the Tribe for a use of the Leased
Premises not consistent with the purposes set forth in paragraph 2 A. of this Lease.
10.
ENCUMBRANCES
A.
By approval of this Lease, the Secretary gives his consent,
pursuant to 25 CFR 162.610 (c), to Lessee, and any Sublessee, to, form time to time,
hypothecate, mortgage, pledge, or alienate Lessee's, or any Sublessee's right to or
interest in this Lease, or any Sublease, or any portion of the Leased Premises or
Improvements, for the purpose of borrowing capital for the operation, development or
improvement of the Leased Premises or for the purpose of refinancing any outstanding
debt or a permanent loan, provided that the encumbrance instruments to be used must be
approved by he Secretary. The encumbrance instruments to be used must be approved by
the Lessor only if the Lessee is not wholly-owned by the Lessee or the Tribe. The form
of any encumbrance instrument submitted to the Secretary, and the Lessor if applicable,
for approval shall be deemed approval unless the Secretary, and/or the Lessor if
appUcable, disapproves the form by setting forth the specific objections to such
instrument in a writing delivered to Lessee, or Sublessee, within thirty (30) days after
receipt of written requests for said approval. Upon approval as provided in this
paragraph lOA., such encumbrance instrument shall become an Approved Encumbrance
Instrument, Lessee agrees to furnish, as reasonably requested by the Secretary, or Lessor
if applicable, anyfinancialstatements or other documentation pertinent to any such
encumbrance during the thirty (30) day approval period set forth herein.
B.
If any Leasehold or Subleasehold Mortgagee shall give Lessor a
Written Notice, specifying its name and address and stating that such notice is giving
pursuant to this Lease, Lessor shall thereafter give to such Leasehold or Subleasehold
Mortgagee a copy of each notice of default by Lessee at the same time as such notice of
default shall be given by Lessor or Lessee. Before any termination of this Lease, Lessor
shall give to the Leasehold or the Subleasehold Mortgagee an opportunity to cure equal to
any applicable grace period provided in Paragraph 16 of this Lease plus an additional
sixty (60) days to remedy or cause to be remedied the defaults complained of pursuant to
this Lease. Lessor shall allow such Leasehold or Subleasehold Mortgagee entry onto the
Leased Premises in order to cure such Event of Default. In the event the Leasehold or
Subleasehold Mortgagee has commenced to cure the Event of Default or has commenced
diligently pursuing a foreclosure action to terminate Lessee's or Sublessee's interest in
this Lease or Sublease as set forth in this Paragraph 10, Lessor shall not terminate the
Lease or Sublease with respect to any interest other than that of Lessee or Sublessee
actually in default.
C.
In the event of the termination of this Lease or a Sublease, because
of any default by Lessee or Sublessee, if the Leasehold or Subleasehold Mortgagee elects
within sixty (60) days of the termination, Lessor shall enter into a new lease with the
Leasehold or Subleasehold Mortgagee or its nominee, and the Secretary hereby consents
to such new lease, for the remainder of the Term of the Lease, effective as of the date of
such termination, upon the terms, provisions, covenants and agreements contained within
this Lease except that, notwithstanding Paragraph 5 of this Lease, any such new lease
shall require the Leasehold or Subleasehold Mortgagee to pay as rent to Lessor or
Sublessor the fair market value to be determined by the Secretary, and provided:
(1)
The Leasehold or Subleasehold Mortgagee shall provide
Lessor with the Written Notice prescribed by subparagraph lOB. prior to such
termination;
(2)
The leasehold or Subleasehold Mortgagee or its nominee
shaU make written request upon Lessor for such new lease Avithin sixty (60) days after the
date of such termination;
(3)
The leasehold or Subleasehold Mortgagee or it nominee
shall pay to the Lessor, at the time of execution and delivery of said new lease, any and
all sums which would at that time of execution and delivery hereof be due pursuant to
this Lease or Sublease before such termination, and in addition thereto, any expenses,
including reasonable attorneys' fees, to which Lessor or Sublessor shall have been
subjected by reason of such default;
(4)
The leasehold or Subleasehold Mortgagee or it nominee
shall perform and observe all covenants herein contained within this Lease or Sublease
on Lessee's or Sublessee's part to be performed and shall further remedy any other
conditions as are capable of being remedied which Lessee or Sublessee under the
termination Lease or Sublease were obligated to perform;
(5)
Such new lease shall be expressly made subject to the
rights, if any, of Lessee under the termination Lease or Sublease; and
(6)
The Lessee or Sublessee under such new lease shall have
the same right, title and interest in the Improvements on the Leased Premises as the
previous Lessee or Sublessee under the termination Lease or Sublease.
D.
Nothing contained within this Paragraph 10 shall require the
leasehold or Subleasehold Mortgagee to cure any de&ult of Lessee or Sublessee but
Lessor agrees to accept the performances and/or compliance by any such Leasehold or
Subleasehold Mortgagee or its nominee of and any term, covenant, agreement, provision,
condition or limitation on Lessee's or Sublessee's part to be kept, observed and
performed by Lessee or Sublessee.
E.
After the termination of this Lease or any Sublease and during the
period thereafter during which the leasehold or Subleasehold Mortgagee shall be entitled
to enter into a new lease of the Leased Premises actually subject to the said mortg^e.
Lessor of Sublessor shall not terminate any Sublease and the rights of the subtenant
thereimder unless the subtenant shall be in default tmder such Sublease. During such
period. Lessor shall receive all basic rent and additional rent and other payments due
from subtenants, including subtenants whose attornment the Lessor shall have agreed to
accept, as agent of such Leasehold or Subleasehold Mortgagee, and shall deposit such
rents and payments in a separate and segregated accoimt in trust for the Leased Premises,
but may withdraw such sums,fromtime to time to pay necessary operations expenses
and carry charges of the Leased Premises; and, upon the execution and delivery of such
new lease shall account to the Lessee or Sublessee imder the new lease for the balance, if
any, of the rent made imder such Sublease, and said Lessee or Sublessee shall thereupon
assign the rent under said Sublease to any Leasehold or Subleasehold Mortgagee of the
new lease in the same manner as such rents had been assigned to the leasehold or
Subleasehold Mortgagee under this Lease.
F.
If a sale under an Approved Encumbrance occurs, whether by
transfer, by Deed in Lieu of Foreclosure or by power of sale or foreclosure, the purchaser
at such sale succeed to all of the rights, title and interest of the Lessee and Sublessee in
the leasehold or Subleasehold estate covered by said Approval Encumbrance, provided
that, notwithstanding Paragraph 5 of the Lease, any purchaser shall be required to pay as
rent to Lessor or Sublessor the fair market value of the Leased Premises during the
remainder of the Term, such fair market value to be determined by the Secretary. If the
purchaser at such sale is the leasehold or Subleasehold Mortgagee, the Leasehold or
Subleasehold Mortgagee may sell and assign the Leasehold and Subleasehold without
anyfijrtherconsent of the Lessor or the Secretary; provided, however, that the assignee
shall agree in writing to be bound by all of the terms and conditions of the Lease or
Sublease. If the Leasehold or Subleasehold Mortgagee is the purchaser. Lessor's
recourse against the Leasehold or Subleasehold Mortgagee shall be limited to said
Leasehold or Subleasehold Mortgagee's interest in this Lease or Sublease, and the
Leasehold or Subleasehold Mortgagee shall be required to perform aU of the Lessee's or
Sublessee's obligations under the Lease or Sublease and shall be liable for said
obligations under the Lease or Sublease, as well as the rent obligations set forth in
subparagraph F, only as longs as it retains title thereto. If a sale under the Approved
Encumbrance occurs and the purchaser is a party other than the Leasehold or
Subleasehold Mortgagee, approval by Lessor and the Secretary which shall not be
unreasonably withheld, conditioned or delayed, shall be required but shall be granted
provide such purchaser, as successor in interest to the Lessee or Sublessee, shall be bound
by all of the terms and conditions of the Lease or Sublease, including the rent obligations
of this subparagraph F, and shall assume in writing aU the obligations thereunder.
G.
Lessor hereby consents, if such consent is required by law, to the
inclusion of a provision in the Approve Encumbrance Instrument for the assignment of
rents from Lessees or Sublessees of the Leased Premises to the Leasehold or
Subleasehold Mortgagee, effective upon any default under the Leasehold or Subleasehold
Mortgage; provided that nothing in this subparagraph G shall limit Lessor's right to rent
under this Lease.
H.
No surrender, cancellation or termination (except upon expiration
or earUer termination by Lessor of this Lease) by Lessor, Lessee and/or the Secretary, or
any modification or amendment of this Lease by joint action or agreement, shall be
binding against any Leasehold or Subleasehold Mortgagee without the prior written
consent of any such Leasehold or Subleasehold Mortgagee, if such Leasehold or
Subleasehold Mortgagees shall have Written Notice (under the term of subparagraph
lOB.) prior to any action described in this paragraph H.
I.
Lessor hereby agrees to cooperate with Lessee in modifying or
amending this Lease and/or executing separate Leases for any portion of the Leased
Premises, if requested by Leasehold or Subleasehold Mortgagee, with the consent of the
Secretary, provided any such modification or amendment does not materially or
adversely affect Lessor's rights hereunder and any such separate Lease is upon the same
terms and conditions as provided herein except for such modifications and amendments
permitted hereby.
11.
LEINS, TAXES, ASSESSMENTS, UTILIY CHARGES
Lessee shall not permit to be enforced against the Leased Premises, or any part
thereof, any liens arising form work performed, materials fiimished, or obligations
incurred by Lessee, and Lessee shall discharge all such liens before any actions is
brought to obtain judgment enforcing such liens. Lessee shall pay before delinquent, all
taxes, assessments, licenses, fees and other like charges levied during the Term of this
Lease upon or against the Leased Premises and all interests therein md property thereon
for which either Lessee or Lessor may become liable. Upon written request. Lessee shall
fiimish Lessor and Secretary written evidence duly certified that any and all taxes
required to be paid by Lessee have been paid, satisfied or otherwise discharged. Lessee
shall have the right to contest any claim, asserted tax or assessment against the Leased
Premises by posting bond to prevent enforcement of any lien resulting therefrom, and
Lessee agrees to protect and hold harmless Lessor, the Secretary, the Leased Premises
and all the interest therein and Improvements thereon, from any and all claims, taxes,
assessments and like charges, and from any lien thereon, or sale or other proceedings to
enforce payment thereof, and all costs in connection therewith. Lessor shall execute and
file any and all appropriate documents with reference to real estate tax exemption of the
Leased Premises when requested by Lessee.
12.
LESSOR'S PAYING CLAIMS
Lessor shall have the option of paying any hen or charge payable by Lessee imder
this Lease or settling any action is Lessee, within thirty (30) days' written notice fi-om
Lessor or the Secretary, fails to pay or post bond against enforcement or any lien or
charge. All costs and other expenses incurred by Lessor in doing so shall be paid by
Lessee to Lessor upon demand with interest thereon at the prime rate of interest
aimounced by Wall Street Journal from time to time, plus four percent (4%) per annum.
Failure to make such repayment on demand shall constitute a breach of the covenants of
this Lease.
13.
PUBLIC LIABILITY INSURANCE
A.
At all time during the Terms of this Lease, Lessee shall carry a
public liability insurance policy in the minimum amounts of Three Hundred Thousand
Dollars ($300,000.00) for personal injury per person. One Million Dollars
($1,000,000.00) for personal injury resultingfi*omone occurrence and Three Himdred
Thousand Dollars ($300,000.00) for property damage. Said policy shall be (i) obtained
from a reputable and licensed insurance company; (ii) written jointly to protect Lessee,
Lessor, and the United Stated of America; and (iii) provide for notification to Lessor and
the Secretary prior to any cancellation of said policy for any reason including
nonpayment of premiums. Acopy of said policy shall be fiimish to Lessor. There shall
be periodic reviews, at not less than five (5) y e ^ intervals, of all insurance policies and
coverage amounts held under this Lease. The review shall give consideration to the
economic conditions at the time and may result in an adjustment to the type of insurance
coverage or the amounts of any coverage whenever, in the reasonable discretion of
Lessor, such adjustment is necessary for the protection of the Lessor or the United States.
Neither Lessor nor United States government, nor their officers, agents or employees,
shall be liable for any loss, damage, death or injiuy of any kind whatsoever to the person
or property of Lessee or any other person whosoever, caused by any use of the Leased
Premises, or by any defect in any structure erected thereon, or arisingfi:omany accident
or fire, from any other casualty on the Leased Premises or from any other cause
whatsoever (unless such loss, damage, death or injury is caused by the gross negligence
or intentional misconduct of Lessor or the United States Government). Lessee, as a
material part of the consideration for this Lease, hereby waives all claims against Lessor
and the Unites States Government and agree to hold Lessor and the United States
Government free and harmless from liability for all claims for all loss, damage, injury or
death arising from the condition of the Leased Premises, or use of the Leased Premises by
Lessee (unless such loss, damage, death or injury is caused by the gross negligence or
intentional misconduct of Lessor or the United States Government), together with all
costs and expenses in connection therewith.
B.
The Public LiabiKty Insurance required herein may be satisfied by
the obtaining of such insurance pursuant to a construction loan agreement with a financial
institution or other agreement to which Lessee or a Sublessee or assignee is a party so as
to avoid double insurance on the Leased Premises.
14.
FIRE AND DAMAGE INSURANCE
A.
Lessee shall carryfireand casualty insurance with extended
coverage endorsements covering not less thanfiillinsurable value of all Improvements;
provided, however, said obligations of Lessee shall be deemed satisfied to the extent that
any Sublease contains provisions therefore. Said policy or policies shall be (i) obtained
fi-om a reputable and licensed insurance company, (ii) written to name Lessee, Lessor, the
United State of America and any applicable Leasehold or Subleasehold Mortgagee as
additional insured parties, (iii) provide for notification to Lessor and any applicable
Leasehold or Subleasehold Mortgagee, prior to any change in said policy or policies or
cancellation of said policy or policies for any reason, including non-payment of
premiimis, and (iv) issued together with a Lender's Loss Payable Endorsement (form
438 BFUNS), or its equivalent or a loss payable clause acceptable to the Lessor for the
benefit of any Leasehold or Subleasehold Mortgagee. A cop of said policy or policies
shall be provided to Lessor and the Secretary.
B.
Subject to the terms and conditions of the applicable Approved
Encumbrance Instrument, in the event of damage to any of the Improvements for which
Lessee is required to carry insurance hereunder. Lessee shall either rebuild, repair or
otherwise reinstate the damaged Improvements (except that is Lessee, in its reasonable
judgment after taking into account the general economic and other conditions affecting
the damaged portion of the Improvements at such time, determines that diflFerent use of
the damaged In^rovements is in order. Lessee may build new Improvements in
accordance with such different use with the prior written consent of the Lessor) in a good
substantial manner. The repair or the reconstruction shall commence as soon as
reasonably possible and shall be pursued diligently upon completion. Insurance proceeds
covering said reconstruction shall be deposited in an escrow account with an independent
trustee. Lessee may elect to carry insurance only for the value of the Improvements upon
notification to Lessor. Should Lessee fail to notify Lessor of its decision to carry only
sufficient amounts of insurance to cover the value. Lessee shall be required to deposit
with said independent trustee all additionalfimdsrequired to reconstruct the damaged
Improvements. Escrow instructions shall include provisions that allfirtidsso deposited
shall be disbursed, during the progress of reconstruction on proper architect's, engineer's
or contractor's certificates. All money in escrow after said reconstruction has been
completed (including interest thereon) shall be paid to Lessee, if no Event of Default by
Lessee remains vincured.
C.
In the event of damage to the extent of seventy-five percent (75%)
or more of the total value of all Improvements during the last ten (10) years of the Term
of this Lease, Lessee shall have the option of using the resulting insurance proceeds to
either reconstruct said improvements or remove the damaged improvementsfromthe
Leased Premises. In the event Lessee elects not to reconstruct the damaged
Improvements, all insurance proceeds in excess of those used to remove the damaged
Improvements and pay any encumbrances shall be paid to Lessor.
D.
In the event of loss or damage to the Improvements while an
Approval Encumbrance remains unpaid, the amount of such loss or damage (but not
exceeding the remaining balance of the Approved Encumbrance) shall be paid to the
Leasehold or Subleasehold Mortgagee on the condition that the Leasehold or
Subleasehold Mortgagee agree to comply with the reconstruction obligations set forth
herein. If such amoimt paid to the Leasehold or Subleasehold Mortgagee is sufficient to
repair the loss or damage with respect to the purpose for which it was paid, or if Lessor or
Lessee shall, within six (6) months after such payment by the insurer to the Leasehold or
Subleasehold Mortgagee, deposit with the Leasehold or Subleasehold Mortgagee enough
money to completely repair the loss or damage when added to the amount paid by the
insurer to the Leasehold or Subleasehold Mortgagee, the Leasehold or Subleasehold
Mortgagee shall, upon written order of Lessor or Lessee, pay such monies for such repair,
and it shall not be deemed a payment or credit on the Approved Encumbrance. If Lessee
does not comply with the above, at the expiration of such six (6) months period, the sum
so paid by the insurer to the Leasehold or Subleasehold Mortgagee shall be applied and
credited towards the Approved Encumbrance. It is understood and agreed that nothing
stated herein shall relieve Lessee of its obligations to repair and/or replace the damaged
Improvements to a condition as good or better than before than damaged occurred.
Breach of this obligation shall be deemed a default of this Lease.
E.
The Fire and Damage Insurance, and other obligations of the
Lessee, required herein may be satisfied by the obtaining of such insurance pursuant to a
construction loan agreement with a financial institution or other agreement to which the
Lessee or Sublessee is a party as so is to avoid double insurance on the Leased Premises.
15.
EMINENT DOMAIN
If, at any time during the term of this Lease, the Leased Premises or any part
thereof is taken or condemned under the laws of eminent domain, then and in every such
case, the leasehold estate and interest of the Lessee in the Leased Premises or part thereof
taken shall forthwith cease and terminate. All compensation awarded by reason of any
taking of or injury to the Improvements shall be awarded to the Lessee and Lessor as
their interest appear at the time of such taking; provided, however, that the Lessee's
rights to such awards shall be subject to the rights of a Leasehold or Subleasehold
Mortgagee to receive such awards pursuant to the relevant Approved Encumbrance.
16.
DEFAULT
A.
Should Lessee fail to make any payment of Rent within ten (10) days after
Lessee's receipt from Lessor of notice thereof, or fail to cure any material non-monetary
provisions of this Lease within ten (10) days after Lessee's receipt from Lessor of notice
10
thereof (provided, however, that Lessee shall not be in default under this Lease if Lessee
shall within such ten (10) day period commence to cure such non-monetary violation and
thereafter diligently prosecute the cure to completion) (each of which shall constitute an
"Event of Default"), said Event of Defeult may be acted upon by the Secretary in
accordance with 25 CFR Part 2 of the Code or revised regulations or any amendments
thereto. In addition to the rights and remedies provided by the aforementioned
regulations, Lessor or the Secretary may exercise the following options upon Lessee's
defeult;
1)
To collect, by suit or otherwise, all monies as they become
due hereunder, or enforced, by suit otherwise. Lessee's compliance with all terms of this
Lease through the date of ejq)iration or termination of this Lease;
2)
To re-enter the Leased Premises and remove all persons
and property therefrom, excluding the property belonging to Sublessee; or
3)
Take another legally authorized action deemed necessary to
protect any interest of Lessor, including but not limited to reletting the Leased Premises
and/or termination of this Lease.
B.
No waiver of a breach of any of the covenants of this Lease shall
be constructed to be a waiver of any succeeding breach of the same or any other
covenant of this Lease.
C.
Exercise of any of the remedies outlined ki this paragraph 16 shall
not exclude recourse to any other remedies, by suit or otherwise, which may be
exercised by Lessor or the Secretary, or any other rights or remedies now held or
which may be held by Lessor or the Secretary in the future.
17.
ATTORNEY'S FEES
The non-prevailing party agrees to pay and discharge all reasonable costs,
attorney's fees and expenses that may be incurred by any prevailing party in enforcing
the provisions of this Lease.
18.
NO PARTNERSHIP
No term of this Lease shall be construed so as to provide that a partnership exists
between Lessor and Lessee. The only relationship between the parties hereto is that of
Lessor and Lessee.
19.
TERMINATION OF FEDERAL TRUST
Nothing contained in this Lease shall operate to delay or prevent a termination of
Federal Trust responsibilities with respect to the Leased Premises by the issuance of a fee
11
patent or otherwise during the Term of this Lease; provided, however, that such
termination shall not serve in any way to abrogate this Lease. The owners of the Leased
Premises, Lessee and its surely or sureties shall be notified of any such change in the
status of the Leased Premises.
20.
OBLIGATIONS OF LESSEE
While the Leased Premises are in trust or restricted status pursuant to the terms
and conditions of any relevant federal statute or regulation, all of die Lessee's obligations
under this Lease, and the obligations of its sureties, are to the United Stated as well as to
the Lessor. Any obligations of Lessee set forth in this Lease shall be deemed satisfied
with respect to Lessee to the extent that Subleases to third parties contain substantially
the same obligations to be performed by Sublessees. Lessor and Lessee shall exercise aU
due diligence taking all reasonable steps to enforce the obligations of the Sublessee
and/or the rights of Lessor or Lessee pursuant to any or all Subleases.
21.
STATUS OF SUBLEASES
Termination of this Lease, by cancellation or otherwise, shall not serve to cancel
Subleases, but shall operate as an assignment to Lessor of any and all such Subleases.
Payment of rent by a Sublessee to Lessee shall preserve the tendency of the Sublessee
until termination of this Lease and receipt by Sublessee of notice of same and notice of
pay rent directly to Lessor.
22.
INSPECTION
The Secretary and the Lessor and their authorized representatives shall have the
right, at any reasonable time during the Term of this Lease, to enter upon the Leased
Premises, or any part thereof, and to inspect the same and all Improvements thereon.
23.
HOLDING OVER
Holding over by the Lessee after the expiration or termination of this Lease shall
not constitute a renewal or extension thereof or give Lessee any rights hereunder in or to
the Leased Premises.
24.
DELIVERY OF PREMISES
At the termination of this Lease, Lessee will peaceably, and without legal process,
deliver the possession of the Leased Premises in good condition, usual wear and tear
excepted.
25.
EMPLOYMENT OF MEMEBERS OF THE TRIBE
During the Term if this Lease, Lessee shall give preference in employment arising
in connection with the purpose of this Lease to qualify, willing and available members of
12
the Tribe as allowed by tribal and federal law. Lessor's remedy with respect to any
breach by Lessee of the terms and conditions of this paragraph shall be limited to specific
enforcement or monetary damages and shall specifically exclude the right of Lessor to
terminate the Lease.
26.
MINERALS
All minerals, with the exception of rock, sand and gravel obtained in the normal
course of development of the Leased Premises, contained in or on the Leased Premises,
in whatever concentration, are hereby reserved for the use of Lessor, together with the
right of Lessor or its authorized agents or representatives at any time, to enter upon the
Leased Premises and prospect for, mine and removed the same; provided, however, that
Lessor shall not allow the removal or development of any such minerals during the term
of this Lease without the consent of Lessee and Sublessees which would be influenced by
such development or removal.
27.
PROCDURE FOR RESOLUTION OF DISPUTES BETWEEN LESSOR
AND LESSEE
It is the intention of the parties to establish a successfiil working relationship
through open communication and to cooperate asfiiUyas reasonably as possible.
However, should any dispute arise under this Lease which cannot be resolved between
the parties through their continuing communication, the following procedure for
resolution of all disputes arising hereunder shall apply:
A.
The parties shall each appoint am arbitrator within thirty (30) days
of notice by one of the parties that a dispute under this Lease exists. Lessor's remedy
with respect to any breach of lessee of the terms and conditions of this paragraph 27 shall
be limited to specific enforcement or monetary damages and shall specifically exclude
the right of Lessor to terminate this Lease.
B.
Once the two arbitrators have been appointed, they shall agree
upon and appoint, within thirty (30) days, a third arbitrator, and if the two arbitrators
cannot agree upon a third arbitrator, the third arbitrator wiU be appointed in accordance
with the rules and procedures then in existence of the American Arbitration Association.
C.
Such arbitrators shall hold an arbitration hearing at a mutually
agreed upon location, within forty-five (45) days after the third arbitrator appointment.
The hearing will be conducted in accordance with the Commercial Arbitration Rules then
in existence for the American Arbitration Association. The three arbitrators shall allow
each party to present its case, evidence and witnesses, if any, in the presence of the other
parties, and shall render their determination within ten (10) days. Each party shall bear
the cost of its own arbitrator, its ovm attorney's fees and costs, and one-half the costs of
the third arbitrator.
13
D.
The award of the majority of the arbitrators shall be binding on the
parties, except that either party may commence an action in the Fort Berthold Tribal
Court determination shall be limited to the interests to which the Tribe of Lessee has
imder this Lease as provided in Paragraph 39 hereof.
28.
FORCE MAJEURE
Whenever a is stated under this Lease within which materials are to be submitted,
original construction, repairs or reconstruction of any Improvements to be constructed
hereunder are to be completed, and such performance is delayed or becomes impossible
because of any act of God, war, civil insurrection, riot, earthquake, fire, weather,
sickness, accidents, epidemic, act of government or government regulations, general or
sympathetic strike or lockout, uimvailability of labor or materials, or some other event
occurs that is beyond Lessee's reasonable power to control, including, but not limited to,
delays caused by changes in economic conditions, the period of delay so caused shall be
added to the period allowed herein for the submittal or completion of such work. In the
event that a portion of the Leased Premises upon notice to the Tribe and shall incur no
further obligations heretmder as to the noticed lands.
29.
ENVIRONMENTAL PROTECTION REQUIREMENTS
Lessee shall have the responsibility for fiilly complying with all federal
environmental protection requirements applicable to the Leased Premises and all tribal
environmental protection requirements in existence at the Commencement Date.
30.
ANTIQUITIES
Lessee shall follow and comply with the National Antiquities Act, the National
Historic Preservation Act of 1966, and the Archeological Resoxirces Protection Act of
1979, and any amendments to these acts, or any other applicable federal and tribal laws
relating to Antiquities and historical sites.
31.
NOTICES
Any notice or demand required to be given pursuant to this Lease, or desired to be
given in connection with this Lease, shall be in writing, sent by registered or certified
maU with a return receipt requested, postage prepaid, and shall be deemed to have been
received forty-eight (48) hours after it deposit with the United States Postal Service at the
postmarked point of mailing. Any notice intended for any party shall be addressed to it at
the address specified below unless such address is subsequently changed in writing:
LESSOR:
Three AfBliated Tribes
of the Fort Berthold Reservation
Tribal Administration Building
HC Box 2, New Town, North Dakota 58763
14
LESSEE:
32.
Twin Buttes Custom Homes, Inc.
8060 7* Street SW
HalKday,ND 58636
EASEMENTS
Lessor agrees to provide Lessee with any easements for utilities, roads, streets,
bridges, waterways, and such other ingress and egress rights to and from other properties
owned by Lessor and agrees to assist Lessee in obtaining rights-of-way.
33.
BINDING LEASE
This Lease and the covenants, conditions and restrictions herein shall extend to
and be binding upon the successors, heirs, assigns, executors and administrators of the
parties hereto.
34.
INTEREST OF MEMBER OF CONGRESS
No member of or delegate to the United States Congress, or Resident
Commissioner shaU be admitted to any share or part of this Lease or to any benefit that
may arise herefrom.
35.
VALIDITY
This Lease and any modifications or amendments hereto shall no be valid or
binding upon either party hereto until approved by the Secretary.
36.
USE OF GOODS AND SERVICES PRODUCED BY THE MEMBERS OF THE
TRIBE
The Lessee agrees to give businesses owned by members of the Tribe preference
when making purchases of materials, equipment, goods, services and transportation
needed for development or management of the Leased Premises, provided, however, that
it is understood and agree that this clause shall not be used by Lessor or the members of
the Tribe in a manner which would place Lessee at a financial disadvantage in developing
the property, or when the Tribal member fails to adequately perform under the contract or
agreement, (For example, a situation where a tribal member insisted on the right to sell
lumber). Lessor's remedy with respect to the terms and conditions of this paragraph 36
shall be limited to specific performance or monetary damages and shall specifically
excluded the right of Lessor to terminate this Lease.
37.
AGREEMENTS TO ABIDE B Y TRIBAL LAWS
15
Lessee and Lessee's employees, agents, sublessees and their employees and
agents agree to abide by all laws, regulations and ordinances of the Tribe now in force
and effect, or as may hereafter be in force and effect.
38.
JURISDICTION AND GOVERNING LAW
The laws of the Tribe shall govern the construction, performance and enforcement
of this Lease. Jurisdiction for the enforcement of the provisions of this Lease shall lie
exclusively in the courts of the Tribe. Lessee, Lessee's employees, agents and successors
in interest hereby consent to the jurisdiction of such courts. In no event shall any claim
or controversy arising out of or relating to this Lease be commenced or adjudicated in a
North Dakota state court or any state court.
39.
LIMITED WAIVER OF SOVERRIGN IMMUNITY
A.
With approval of this Lease by the Tribe, the Lessor expressly
waives it sovereign immunity and consents to be sued and to arbitration as provided in
Paragraph 27 hereof for the limited purpose of permitting enforcement of its obligations
and responsibilities arising under or out of this Lease; provided, however, that such
waiver shall be limited to the Lessor's income under this Lease. In no event shall any
money damages be paid from any income of the Tribe derived from any source other than
this Lease, nor shall any tribal trust resources or other assets of the Tribe be subjected to
attachment, execution or similar process.
B.
With approval of this Lease, the Lessee expressly waives it
sovereign immunity and consents to be sued and to arbitration as provided in paragraph
27 hereof for the limited purpose of permitting enforcement of its obligations and
responsibilities arising under or out of this Lease; provided, however, that such waiver
shall be limited to the Lessee's assets and income under this Lease.
40.
APPROVALS
Whenever the approval of the Lessor is required hereunder, such approval shall be
neither unreasonably withheld or delayed.
41.
ESTOPPEL CERTIFICATE
If at any time, or from time to time. Lessor or Lessee requests of the other, an
Estoppel Certificate, theii within ten(10) days, the party to whom said request has been
made shall execute an Estoppel Certificate certifying (i) this Lease is infiiUforce and
effect, (ii) the existence of any modifications or amendments hereto, (iii) whether there
are any defaults by either party hereimder, and (iv) whether there are any ofl&ets or
counterclaims against the other party.
42.
SEVERABILITY
16
In the event that any term or covenant of this Lease is held invalid or void by a
court of competent jurisdiction, the invalidity of any such term or covenant shall in no
way affect any other term or covenant of this Lease.
43.
ENTIRE AGREEMENT
This Lease embodies the entire understanding and agreement between the parties
concerning the Leased Premises and/or the matters addressed herein and supersedes any
and all prior negotiations, understanding or agreements in regard thereto
IN WITNESS WHEREOF, the parties hereto set their hands on the date and year
below written.
LESSOR:
THREE AFFILIATED TRIBES OF THE FORT
BERTHOLJETRESERVATION.
Date:
LESSEE:
i. ^S^<^
>
Twin Buttes Custom Hornes, Inc^
By: O^^-''^
4ujJi-^
Its:
C&(^C)
Date: ^/S-/^^
STATE OF Z ) ^ ^ ^ ' ^ )
COUNTY OF-'^'^'^^Y"
On this£^day of^/^>^»^7 , lOQ^^^fois^^^^^
^j6/^h
e\
the
imdersigned officer, personally appeared<^£-^ /w>(snaiown to me to be the person(s)
whose name (s) is/are subscribed to the within instrument and acknowledge the
he/she/they execute the same for the purpose therein contained.
In witness whereof, I hereinto set my hand and official seal.
My commission expires: (:1^^^^4:g.'*--<:-^ ^
2,00j.
[SEAL]
——
address
17
J^f^l-S
DIANA POITRA
Notary Public Slate of North Dakota
My_Conimm;Ui-)f: E<D!f«i Aprl! 9,2004
STATE OF
)
)ss.
COUNTY OF
)
On this _ day of
, 2 0 0 _ , before
the
undersigned oflScer, personally appeared
, known to me to be the person(s)
whose name (s) is/are subscribed to the within instrument and acknowledge the
he/she/they execute the same for the purpose therein contained.
In witness whereof, I hereinto set my hand and official seal.
My commission e5q>ires:
.
[SEAL]
Notary Public
address
Approved pursviant to Secretarial Delegation:
By:
Superintendent, Fort Berthold Agency
Bureau of Indian Affairs
18
Exhibit A
The legal description of the leased premises is as follows:
The NEl/4 of the NEl/4, Section 34, Township 147 North, Range 91 West of the Fifth
Prime Meridian, all located in Dunn County, North Dakota and held in trust for the
benefit of the Three AflBliated Tribes by the United States Department of Interior,
containing 40 acres, more or less.
Resolution No. 03-OgH -RP
NOWTHEREFORE, BE IT FURTHER RESOLVED, that the Tribal Chairman and
the Tribal Treasurer of the Tribal Business Council of the Three Affiliated Tribes are hereby
authorized to execute any and all such documents as may be necessary to obtain the term loan
and line of credit on behalf of Twin Buttes Custom Homes including but not limited to the
execution of a long term Lease with Twin Buttes Custom Homes for the lease of the real
property whereon the manufacturing facility now exists.
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Coimcil of the Three Affiliated Tribes of
the Fort Berthold Indian Reservation hereby certify that the tribal Business Council is c<j
of seven (7) members of whom five (5) constitute a quorum, 1 were present at a.
Meeting thereof duly called, noticed, convened and held on the $'*^ day of j^wKKOLfH^ ^, 2003,
that the foregoing Resolution was duly adopted at such meeting by the affirmative vot|^ of
"7 members, ^
members opposed, Q members abstained, Q members not voting,
and that said Resolution has not been rescinded or amended in any way.
Chairman [)(] Voting. [ ] Not Voting.
Dated this ^f_
day of \mk<m^
. 2003.
ATTE
Executive Secretary, Randy Phelan
Tribal Business Council
Hall
Tribal Business Council
Page 3 of3
Resolution No. 0 3 - ^ 5 - R P
RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution entitled, "Refinery Land Purchase"
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18,1934, an^d
the authority under said Act; and
WHEREAS, The Three Affiliated Tribes Constitution authorizes and empowers the Mandan,
Hidatsa & Arikara Tribal Business Coxmcil to engage in activity on behalf of and
in the interest of the welfare and benefit of the Tribes and of the enrolled
members thereof; and
WHEREAS, The Three Affiliated Tribes are currently conducting a FEED (Front End
Engineering Design) study for an Oil Refinery for which the bulk of the work is
scheduled to be completed in May of 2003, and for which there will be continuing
work to support the completion of the Environmental Assessment and project
financing; and
WHEREAS, Requirements for the site of the Oil Refinery include access to highways,
railroads, a crude oil pipe line, a natural gas pipe line, electrical power, easements
structured ia a manner that will minimize infrastructure costs and land situated so
that the refinery will not have a significant environmental impact; and
WHEREAS, The Three Affiliated Tribes have contracted with Watne Real Estate of Minot,
North Dakota to secure an option to purchase lands meeting the above
requirements; and
WHEREAS, Watne Real Estate has obtained Options for the Three Afeiiated Tribes to
purchase three tracts of land that meet the above requirements, and the purchase
costs for these tracts are described as follows:
Tract 1.) NWl/4 of Section 20;Township 152 North; Range 87 West less
Highway and Railroad right of way, containing approximately 148.39 acres. Any
mineral rights presently in the possession of the Owner will be split 50/50 when
property is transferred to Buyer. Total Purchase Price is $115,000.
Tract 2. ) North V2 of section 19; Township 152 North; Range 87 West less
Highway and Railroad right-of-way containing approximately 309.57 acres. No
mineral rights are included. The Total Purchase Price is $240,000.
Page 1 of3
Resolution No. 0 3 - ^ 5 - R P
Tract 3. ) Outlet 1 in the N E ^ , Section 19, Township 152 North, Range 87 West
including all buildings on the property. The lot contains 10.00 acres plus a
triangle parcel adjoining same, which contains 0.8737 acres for a total of 10.8737
acres. No mineral rights are included. Total purchase price is $71,500. The list of
buildings on the parcel that are included in the piirchase price is as follows:
House:
1,740 sq. ft
Garage:
970 sq ft
Quonset:
2,196sq. ft.
Grain Bin:
10ft. dia.
Grain Bin:
20ft. dia.
Grain bin:
144sq. ft.
Bam:
l,995sq. ft.
Metal Shed
840 sq. ft.
Metal Shed:
960 sq. ft.
Metal Shed:
480 sq. ft.; and
WHEREAS, the broker's fee is 3 V2 % of the total purchase price, or $14,927.50, on the total
acreage of 468.8337 acres; and
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council hereby approves the
purchase of Tracts 1,2 and 3 inclusive of all buildings on Tract 3 as mentioned
above, for a total purchase price of is $441,427.50, inclusive of the real estate
broker's fee; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Tribal Business Council hereby
authorizes the Tribal Chairman to pursue a loan for the purchase of Tracts 1 and 2
with the Farm Services Agency of the United States Department of Agriculture or
with such other agencies or lenders as may be necessary to purchase the land; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Tribal Business Council hereby
authorizes a down payment to secure the pvirchase of Tracts 1 and 2 in an amount
not greater than 15% of the total purchase price (inclusive of the broker's fee),
with such sums to come from a designated land purchase fimd maintained by the
Tribe, and fiirther authorizes the Chairman to execute the appropriate purchase
money agreement to reflect the down payment on the purchase of these tracts; and
Page 2 of3
Resolution No. 03-C)85-RP
NOW THEREFORE BE IT FURTHER RESOLVED, that the Tribal Business CouncU
authorizes the Chairman to execute any and all documents associated with the
purchase of all of the above described tracts of land, including all documents
necessary for the loan needed to purchase the land, and with the total purchase
price for Tract 3 of $74,403.50, inclusive of the broker's fee, to comefromfimds
already obtained and budgeted for the Refinery Project from a designated land
purchasefimd;and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Tribal Business CouncU
hereby authorizes that the options or purchase money agreements for the purchase
of Tracts 1 and 2 be retained as long as necessary to obtain those parcels for the
refinery project.
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three AfBliated Tribes of
the Fort Berthold Indian Reservation hereby certify that the tribal Business Cojj^cil is exposed
of seven (7) members of whomfive(5) constitute a quorum, "7 were pj^eAt at a ^OtCXdA
Meeting thereof duly called, noticed, convened and held on the 5 ^ day of/^Hlfl/IIVU' . 2003,
that the foregoing Resolution was duly adopted at such meeting by the aflSrmative VOIB of
"7 members, Q members opposed, Q members abstained, Q members not voting,
and that said Resolution has not been rescinded or amended in any way.
Chairman [^ Voting. [ LNot Voting.
Dated this 5*^davofO[i^ir(iMl|..2003.
ATTESTT:
Executive Secretary, Randy Phelan
Tribal Business Council
fchairripani Tex G. Hall
Tribal Business Council
Page 3 of3
0 8 1/-RP
Resolution No. 03-1/0
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution entitled, 2003 Budget Amendment #1
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and
the authority under said Act; and
WHEREAS, The Three AffiUated Tribes Constitution authorizes and empowers the Mandan,
Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and
in the interest of the welfare and benefit of the Tribes and of the enrolled
members thereof; and
WHEREAS, Article VI. Section 5 c pf the Constitution of the Three AffiHated Tribes provides
that the Tribal Business Council shall have the power to administer fiinds and
make expenditures; and
WHEREAS, The Tribal Business Council approves expenditures which reflects our Budget in
order to comply with our Constitution; and
WHEREAS, The Tribal Business Council approved the FY2003 General Fund Budget for
$28,205,206, Resolution #02-017-RP; and
WHEREAS, The Tribal Business Council needs to amend the FY2003 General Fund Budget
from $28,205,206 to $23,000,000 to reflect a planned balanced budget.
NOW, THEREFORE BE IT FURTHER RESOLVED, The Tribal Business Council does
hereby approve the amended budget of $23,000,000 to the FY03 General Fund Budget and
authorizes the Chief Financial Officer Steve Salveson to make the necessary budget changes as
shown in the attached budget documents.
^
)
t<5
0)
CO
o
o
o
o"
o
o
o
o
o"
N-
CD CD
1^ o
CO
CO
CD CO
CM"
CM
CM rM_
CD
o
^'
o
o
o"
?>-
m^
Tj
^
o
o
o
o'
CM
CD
o
o
o
o
o
o
oo"
lO
CD
1 ^
co_
a)
o
rg
N-"
CO
en
o
o
o_
o"
to
o
o
o
in"
o
o
o
o"
CD
CO
1
CO
Ct5
o
o
1
1
en
o
o
1-Tt
CM
c>r
o"
o
CO
io_
to"
co"
o"
to
o
oo^
CO
CM
di
CO
>
to"
LL
T)
o
o
CM"
.> Q o
0) 1 - CM
CC
co^
5
o
o
o
o"
o
o
o
o
o"
rvi
o
o
o
o"
o
o
o
o
o"
o
CO
CO
|m>:
o CO
o CD
o o
o" o "
o
o
o
o"
o
CD
-a- o _
co"
in
o
o
o
cT
o
o
o
o
o"
o
o_
CO
1^
CO
CM'
o
o
o_
o
o CD
o o
o_ CM_
o
CD
o
1
o
o
o
o
o
o_
cS
in"
CD
CO
CM
CM"
o
o
o_
cT
o
o_
tots
<
^
ra
3
C
CD
CO
o
o
o
o
o"
o
D) O
T 3 CN
o
o
o
o
o
o
o
o
o_
o
o
CO
UJ
CO
M
n
III
1-
<
_i
a
52 CO
2
3
c
Z
0
>
Js 3
<
m
ai
III
rr m z
I Qi iy
1- 1 - O
w
3
c
>
CM
>U.
a. a;
3
Z
UJ
>
LLI
a:
0
2
c
'm
n
CM
o"
cT
o
t
o
o
o^
o"
e
o
1
o
o
o
in
in
o
E
o
c
en
o
0
t :
ID
"co
c
_ 1 CO _o
(D
O)
CO
>
CD
_ l
a:
a
c
>
tt)
o
a:
CD
w
-a
B
-a
"TO "TO
< o .i
LU
u o ->
'tfi
(D
ID
o
CJ
tj
.E
"w c
lil
CM
w
c
o
<u
X
CO
1co
ro
0)
o
_ 1
o
CM
tn
c
CO
to
m"
o
to"
CM
3
c
CD
>
111 (D
o
o
ai
o
c
JS
h-
CD
oT
0)
IS
o
o
o_
N
«M
N
in
o
o
o_
o"
o
co_
>
"o
o
o
Q!
U)
3
0
0
CD
>
o
c<i
1
.2
(D
'co CO
w
(n
'E
1
c
CO
E o
o •D
B
"o
0
in
o
o
CD
CO
i
CO
h-
c
5
o
_ l
cc
lo
E
o
CO
o "5
c
t5 .9
0
(0
Q
n
CO
c:
TD
<
0
C
0
>
0
D:
75
"o
1-
1—
CO
0)
h-"
in
a>
00
CM
CD_
s'
<o
CM
CO
• * "
en
o
o
o_
CM
CM
CD"
C31
o
S
oo_
Tf"
CD
o
CM
1
CM
in o
CM 0 5
CD"
N-"
CO
CO
CD"
o>
CO
CO
s
1
N-
i
1
o
CM
o
o
o " co"
CM"
CM
CM
cq
OO
N.
(D
CO
ID
N -
o
co"
lo"
in
1
1^
o
o
—
\
o
o
in_
CO
00
in"
CO
co"
o
00
CO
ID
CO
CO
*
•a
0)
^
0)
CD
i n " CO
CM N N-_ CD
co" o "
in
CO
o
o
o
o_
o"
1 ^
00
CM
CD"
3
o O
o O
o CM
CO co' o "
o 00
O
CD
o
o
o
o"
tn
CM
i
o
05
a
US'
o
o
m
l o "
CM
o
o
o
o
o
o
o
o
o"
o
o
1—
O
O
O
m"
o
o
o_
o"
o
o
o
o"
o o
o o
in o
o"
o
CM
CM
o
o
o
o"
in
CM o
o
o CO CD o
00_ o _
o_
in"
ID" o " tC
CO
CO
(D
CM
CD
CO
CO
CD
oo"
o
o
o
CO co"
O 00
m o
TD
o_
co"
CD
ID
00
o
in
1
CO
o
CD
1
CO
N-"
CD
CD"
CO
h-"
CO
CM
CM
00
00
00
ej)
in
in
CD
co"
m
in"
o
CD
O
CO_
1
CD
CM
o
-aen o _
en co" rvf
o
Nt--"
CM
CO
Cvl
CD
CM
tn
1
CD
en CD
^_ CM
co" co"
CM
h--_
g
CM
00
CO
00
in
CCD^
co"
t ^
CO
i n
o
o
o
^"
o
CM
o
CO
o
^"
o
o
o
o_
o"
CO
CO
s
o O
o O
o_
co"
in
ifl
o
O
o
O
o
o"
o
o
o
oo"
o
o
o
CD
CM
o
o
o_
LD o "
CM
o
o
o
o
o
o
o
o_
o"
in
in
o
o
q_
cT
o
o
o
o_
o
o
o
o"
o
o
o
d
CD
in
CM T "
W
N
N
O
o
o
o"
o
o
o
C£>
CM
CvT
O
O
C>
•*'
o CD •51- CO
o O m o
a CN
CD
o " in" o" co' O)"
a> CO
o CO
0)
in
ir
N
in"
CO
CO
CO
^"
ID
in
NO
CD
CO
CO
CO
o
o
O
en O
o_
co" CD"
en
1
c=r
o
o^
co"
-*"
^"
O "-• 11-
C
oo o
V
LL
IS - o CM
— ^
03 OJ
CD
CD
CO
S . " CM"
CM n
05
CD
CD
o_
co"
CD
CO
CM
CM
in
LI-
(D
Q. > •
X
CM
CD
CD
in"
cn
'S
1
CD
cn
CO N - " CM
CO
?><
in
en
CM
(0 o
(a o
o
o> o
o o o o
o ID" N in"
d o
o
o
o
in"
h-_
IC
CO
o"
o
o
o"
N
CO
N
CO
o
CM_
in"
CD
o
o
CM
co"
CM
c
.o
tJ
X3
eu
K
e
E
'o
c
0)
O
in
UJ
>
O
tn
1
0)
D
H
lU
Q.
X
LU
"TO
c
<D
O
CO
c
'tn
CD
tn
<D
<D
UU)
c
0)
0)
0
0)
c
u.
>,
CO
1
o
Ci
o8
0
X
*^
o
oT
m
n
in
0
a.
ra X
c 0
'E
0)
0
"g.
o
"S
U)
-Q
D
3
V)
"S 0)
>m
c
g
UJ
"a.
a.
u
E
£
LU
0
CD
O
tn
a,
's
.2
To
'c
o
'Q.
E
01
1.
tn
c
CD
C
"co
CO.
oS
u)
c
c
,g 0
£
"TO
_o a
5 0)
CL
U3
CO
O
5
0)
n
>.
o
n!
Q.
D)
c
"re
!S
C
C
0
<
ID
0
in
c
o
to
_N
O
CD
O
i_
o
o 'c
In
"S !
> «
I-
jg
"aj
o
tn
2
u
'E
m
tn
1
to
1/1
c
o
B 15
0) c
o
Q
u
E c
0)
0
n
0)
>
ti
w
0
0)
£
B
0
<
o u
CD
1 .
3
CM
O
O
CM
E
in
o
c
tu
o
0)
U
"o
o
Q.
'E
"en
O
_ l
m
O)
2
>0 )
_I
O
<
E
n
Ifl
m O
A
0
Q
E
n
i«
tn
0
Q.
en
k.
01
"c
LU
0.
SI
t j 15
X
0)
"ra 0
'w
rS
0
Q
n
o (0
< •5
1-
—>
0)
c
<u
"O
UJ
CD
a
X
o
E
"C"
Dl
0)
•D
ra
IS
01
"t/5
tn
-i<C
"c
m
O
a
O
w
0)
n
1-
to
n
o
O
C
Q.
X
c
"o
D) S
0 "c
b.
o
a. O
tn
(D
c
'i
S
a
CL
<
E
!
D.
~^?
o
in
c
>
"w CO
CO - a
•5
c
a
X
LU
13)
i_
n
m
o
a;
>.
"to
CD
X
^
ro
h-
\-
o
in
0)
C
>
0)
-n
(D
•a
c
»•-
0)
m
1
E
E
o
O
•a
M
«
C
(15
1
1
W
13
2
_2
.a
PI
o
o
m
(1)
x:
f-
1
0
1
0"
CO
c
0)
1
0
0
CM"
0
0)
•D
C
0)
<
0
0
CM
a
0
0
»4-
•a
(D
i_
(U
o_ §
10" 0
m m
CM
0
0
CM
• —
CO
0
0
in_
>,
•Q
0
XI
XI
Xl
XI
(U
£
>
-a
c
u.
^
m
55
0
0
u
0
0
0
0
0)
1
CO
00
co"
0"
in
00
10
00
in
(O
CM
CM"
1
-a-
CO
CD
e
d
0)
in
(0
CM"
CO
eo
0
0
0
0
0
o_
0"
tf"
ID
in
CO
0
co_
co"
in
N
lO
CO
CO
CM
to"
09
0
0
0
0
o_
0"
in
0"
CO
01
•0
3
0
0
0
0 0
0 0
0 o_
0"
in
10
CO
0"
N.
CM
CO
CD_
00"
(D
LO"
to
00
0
0
0 .
0"
ID
00
03 co"
Ifl" ( D
N
cT
0
CM
CO
CO
0
s
0"
0
^"
CD
0
0
0
CM
in
0"
ID"
CM
(O
0
0
0
0 "
to
d
1
CM"
10
(D
0
in
0
0
0
0
o_ 0
•<*
CM
0
in
T-
CM
m
0
0
0 '
0
o_
V)
^
o_
O
n
n
I--"
CM
T"
E
o
o
-a
«>
(0
0
CO
>.
XI
0 "
CM
og
m
oT
•n
a
X
lU
*-•
0
1 1
1 1 1
1
1
t
a
•a
n
o
o
CO
o_
5
'c
0
T3
0
0
CM
CM"
•5
E
ffi
0
0
0
0
•0
Q to
o
o
0)
•(J
(0
c
.0
ro
tj
Q.
J)
Q
0
0
CM
w
0
<u
(0
0
5
1
CM"
05
0
0
10
co"
eo
co"
1.
1.
0
>
0
i
•a
i
o
111
1
1-
!
!
3
1
11
a
'iZ
b.
n
0
u
£
n
S)
0
Q.
•0
C
a
J2
u
o
a.
0
•£
£
a>
>
Q
-0
0
-C
bi
0
0
m
0
<
N.
0
1
s
Ji
0
n
i 1
1
1
(D
0
X
c
X
XI
E
E
< X
CD
(0
0
>1
01
«f
3
r 0
S
w *<
ro
D
-a
<
10
1-
en
M
(0
«
Q0
•c
a
i
0
T
"5
0
s
N
0)
1
9)
CO
•f
0)
CD
0
«
w
(5
<D
TJ
C
3
LL
W
m
•0 3
B 0
3 u.
U. m
ro
ra
0
_i
"5 B
x:
B
(IS
"i£
-D
c
»-
(0
1
1
(0
0)
"i!
ra
(1)
'•S :s
5
lA
•5
E '<5 X I
111
3
CO
a c»
ft to %
a.
m
1
01
E
Q5
0)
T3
ui
111
1
LU
1
11
r
w
c
+-*
0)
E
E
o
O
o
o
CM
0)
Q
_2
o
T"
in
to
(D
CM
lo"
'5
(0
O
o
•o
0)
•o
Q o
CJ
o
c
SI
o
o
0)
in
CM"
a
X
111
CM
}
1£>
CM"
01
in"
io_
CM
}
o
o
o_
rg"
•o
o
e
o
o
o
o,
r—
CM
o
o
o_
§•
1>
! s
a
_l
O
11
-3
CD"
(0
0
0
0
0
o
o
m
co"
O
O
O
CM
0 "
0
CO
•vin
1".
lO
CM
o
o
o_
o"
in"
CO
CM"
co"
0
CO
0
d"
o
o
CO
O
O
in
o
0
0
0
0
CO
(O
0
0
CM
00_
0"
0 0
10
co_
en"
11
o_ 0o_
"
o
o
0
0
Ln_
o_
<D"
0"
0
01
to"
e
o
CM"
d" in
CM
o
0
CM
1^
CO
CO
CM.
m"
i C
N."
1^
0
00_
0 "
(0
CO
6
CM
(O
(0
e
o
0
00
0
o_
!
CO
0
0
1
•*
CO
CO
00
CM
0
N
0
0
CM
0
0
0
CO
co"
0" 0" in
0 0
co_ •P"
T"
^^
CO
0)
\
}
00
CM
CD
CM"
0
0
0
0
0" 0"
0 0
co_
0
m
CO
CD
•A
m
1
'*"
cn"
N
0
0
0
o_
in"
CM
0
0
0
0"
in
CO
0
0
0
0
0"
in
0
0
• *
to"
0
[
o_
0"
in
0
(0
<£>"
0
0
0"
0
«0^
CO
CM
o_ o_
0
0
o
o
in
to"
in
0
0
0
in
<D
CM
(O
0
0
0
0
0
r--" 0)
0
0
CO
CM
CM
ID"
10
09
0
o_
m"
00
CO
0)
N
en
0
0
o_
0"
0
0
0
1
0
0
o_
o_
0"
0
0 "
ID
B
_0
u
a
(0
D)
c
b
U)
a
*Z
L.
IS
•1
0
(0
lA C
B |D
91 '5
_N m
a
•D
c
ano
u
0)
_0 o
'o'
51
'B
01
1
1
11
11
i 11i
u
CQ
k
gi
'E
to
o
wo
o
JZ
a
ra
73
O
E
E
o
O
B
01
u
X
0
01
o
13
JB
2
n
c
|o
1
1
B
0 Bc
e (D
n E
n >,
J!
01
0
(0
D-
!•
c
R
•a
B
n
E
E
E
o
O
D
X
o
m
w
01
u ro
IS
1
11
1
•5
0
x:
0
Ul
c
Ic
o
B
'B
01
>
B
15 0
u
w
to
0)
ffl
0
W
£
(0
T3
C
to
2
£
w
E
-Q
CO
>,
(0
en
10
m Q- •5
0 jfl 0
0 c
s: 3 Si
0 0
W 0 3
<
*•'
«
S
a
c
3
%
(0
m
"0
0
C/5
E
u
0
0
Oi
CD
XI
»
0
B
0
•5
11
2E
E
o
lA
0)
u
0
1
lA
•B
00
>.
I
n
b
n
(9
(S
'5
B
0
U)
ai
B)
o
w
E
CM
e
o
T"
•V
0.
o
o
e
i 1q^
N
IB
0
a
a
a
CM"
T—
CM
1 1 1
o
o
T—
CO
>
11
!
11
o
o
CO
o
IS
0
_1
co"
0
in
T"
m
c
o
o
o
o
o
in
N
O
O
i
o
o
eo
oo
E
n
e
o
o
00
<
4-*
O
in
00
10
C
i.
o
O oo
O o,
o
o
en"
CO
N
o
o
n
o
o
«
o
I
E
0
01
S
w
V)
2
S
s
* l
"a
0
w
3
0 5
CM
0
%
a
73
(0
0
*l
f
E CO
3
0)
«:
B
CO
lA
01
U
"E01
V)
"io *t
01
1
>
0
"w
CO
CM
•fci
CO
0
0
D.
CL
3
(D
3
i
>;:
3
'c
CQ UJ
<0
0)
t i
3
m
c
1
If)
c
tn
o
_J
<
Q
CO
n
o
1
CD
> >
o
2
co
CD
O
O
N-"
CO
o
o
1
o
00
o
o
o
in
o
o
o
o"
(fi
1
o
1
CD O
O
in_
in
1
cn
en
"a ro
a) o
•
00
o
05
CM"
CM
CM
c o
CM
"I
a CM
X
LU
o
o
o
o"
o
o "^
CM T3
m
1
O
o
o
o
o
1
CO
in
co"
CM
•
d
o
o
o
o
o_
o"
CO
1
O
O
o
o"
o
CM
o
o
o
d
Q.
1E
o
O
o
o
o_
o"
o
CD
o
o
in
o
o
CM
CM
o
o
Ucn
'c
c;
03
Q
o
'03
Q
o
o
o
m"
o
Q
o
o
in"
o
o
o_
o"
in
1
o
m
O
oT
d
in
r-
CM
03
cn
o
_i
X
o
o
o
o
o
o"
in
:
CD
CT)
cn
co"
i-~"
CM
o
o
I
^_
o o
o
o_ o
o"
o in"
d"
m
o
o
I
o"
o
o
o
o"
in
o
o
o
o"
in
o
H
o
o
d
10
o
o
o
oo
N
o oo o
o^
cT o
in
CO
o
o
o_
o"
(J)
CM
o
o
d
00
o
o
o
o"
o
CO
o
o
o
o
o
o
o _ oin"
in
o O
o o
o o
o" o
o
o
o
o
o
o"
m in
CM
N
d —
\ m
o
o
o
o
o"
o
O
CM
o
in
1
o
O
o
Q
d
o
o
o
o"
in
m"
in
1
o
o
o
o"
LO
o
o
o
in
N
r-
o
o
o
d"
m
(D 01
CD * •
_g s
u
n.a
><
n
*>
E
n
1.
en U)
5
-R
O
c
t
fl)
H
Tl
>1l
T3 '•-'
(I)
£
^
s
Si:
j =
H
_0
'-13
n
t
m
3
Ui CM
( 1 •(5
<r o
1-3
0
O
Li.
_o
0)
T3
CQ
ra
o
3
•D
CO
a
ifl
c
o
CD
Q.
1
lA
o
1
cn
c
e
a
0
a
*•
c
• Q
O
&
c
(1)
ffi TJ
•a 3
w
o
03
o
_l
u
J:
a
n
0
£
0
E
E
u
n
a
0
3
•B
Ul
o
O
-a
o
^ wd)
-a
c
cfl
ifl
o
o
CO
c
u
«
•o-
c- E
a ^
E
"a
ja
H
o
^
t
0
TO
ic
o
0)
0)
u
ra
OQ c
•e n
O
LL
0)
"a.
o -ffi
O "c c
a) o
O
o
>i
cn
D
03
u
E
Q. O
ra
CD
CO _o
O
> ' cc Qra
>i
0)
ro
Q
i_ D
o
cn
a> "ra
CD SI E
i—
•D
0)
o
tt=
0
CQ
O
U
>;.
u
c
V-
o
c
o
O
LL D- o
LU
03
a.
"TO
'c
UJ
O
"5
£
ra
w
u
0)
c
.£'
'c
e
0)
u
*<
e
0)
"5Q
E
13
o
1-
E
u
u
0)
>
c
0
03
U
'E
T3
03
O
£c >0
Ul
1
Jl
a.
s—
O
O
o
o
o
O
O
o
o
o
o
o
d
in
d
lO"
d
m
in
0
(A
CO
03
n—
'o
03
CJ
o
o
1-
CO O
r--
CO
in
CT)
CO
in
o_
co" o
in
co"
in
N
o
o
in
co"
C»
tM
00
o
o
o_
o"
o
cn
a.
-g
o
CO
o"
CD
CO
o
o
o
o
o
o
o"
o
N."
O
o
o
o
o_
o"
o
in
N
r"
<
Di
D
o
o
o
o_ o
O
o"
o
t3)
Zj
'o m
03 > ,
O •c
T"
o
o
0)
o
o " 00
o
CM
to"
N
in
o
E
CM
<*
1
N
00
03
CD
o"
CM"
d)
N
73
O
•
o
o
in
CM
CJ)
o
o
o
o"
o
o
E
2
o
o
o_
in
CO
O
O
d
o
o
o
CD
cS'
o
CM
N
2!
0
2 (A
03
O
c
0
'c
03
V
u
c
.S!
"c
"3
0
m
+•
!c c
I
CD
0
> >0
c
o
O
tn
CL
"c
03
o
O
tl
0)
1.
"TO
ra
T3
C
ra
=!
o
CO
5
1.
d>
O
o
o
CD
c
D3
c
V)
JE
D)
t
0
Z
0
•"D
c
CD
!ij ct:
•D
c O
u
S)
£
c
ra
5
03
o
c
ra
w
t:
03
CQ
t:
o
U-
to
c
cn
o
_i
V)
fl)
_c
"ui
3
CD
03
(J
m
tn
03
1=
m
=3
CQ
•D
o
o
03
0)
Ct
•**
cn
c ,c
0)
U "S
£
X
"(5
"TO £
sz. U)
S5
. 5 tn
' u D.
o
w
03
Q.
TS o
0)
)
X
B
CL
03
Q
"TO
x:
£2
CO
a.
CO
o
o
o
o"
CD
en
T3
(D
T3
1^ O
0)
--§
M
C O
(U O
a CM
X
LU
en
-
o
O
o
o_
o"
05
CD
h-
00
u.
o O o
o O o
o
O °)
m
o
o
en
00
-H2
"c
CD
E
E
CD
a.
c
CD
o
U)
0)
<D
P
a
a
•n
Q
-£ o>
= -n g
^ ,5 °
(U
-3
U-
•D
3
I-
ol a;
D £
O
13
C
CO ra
0)
VI
0
>
0)
-1
u
_) ()
<
H
s T
0)
CO
lU
CQ (N
Si o "S
S < <->
H
t0
2
tf)
£ O
<
CD
Ol
1_
u
im
"•5
E
>
o
XI
CD
c
CD
"D
CD
E
CD
X3
CM
CM
CD
o iS
O
CD
N
r*
o
CO
N-"
O
CM
(0
"^—
Tt
CD"
CM
o
O
00
00
CM
CM
o"
CM
O
to
o
N
o ^_
N-"
CO
00
LO
LO"
LO
00
10
(0
00
N
CO
00
LO"
00
10
N
00
10
CO
NNN-"
CD
CD
CO
0)
0)
oo"
00
CD
Csi
0)
CM
q^
co"
<
1-
OS
CO
(0
oo"
00
CO
0)
oo
LO
CD
CNT
CT)
00
(0
0)
CD" CM
CM N
CM
LO
10
o"
CTT
10
LO
10
00
CO
00_
CM
CM
00
00
CO
m^ <
a
10
10
Csl
Csl
CM
h-" O
oo
•s
CD
CM
00
oo"
to
Csl
CO
CO
CO
o
o
X
LU
u.
<
Di
Q
O
O
o_
^ o =" o"
1 § •§ in
CM
o
o
o
o"
o
o o
o o
o" o
o
9)
o
o
^__
03
10
O
O
o_
o"
N
O
00
N
CO
CM
LD_
o
o
o
O
O
o
o
o
Ln 00
o
00
o
o
o
o
o
o
o
o_
o
o
o
o
o
o_
o"
o
CM"
cn"
CD
CJ>
CO
CO
CD"
CO
10
O
O
O
oo"
CO N
O
o
o
o
o"
o
O
LO
t—
o
o
O
O
o
o
o
o
o
o
o
N."
o
o
o
o
o
o
o
o
o
o
O
o_
CD
CM
o
o
o O
o
o_
o
o
in
CM"
en"
o
o
o_
LO"
o
0)
O
h-"
<
oo"
o
^
O)
T3
0) 3
J-
CO
•—
o
H-
<
CO
CM
(fl
o
tn
u.
CO
CO
CD
CD
o
c
CD
L
u
o
o
O (_)
o
ID 0)
0) L.
£ •o
1-
0
o
•o
0) Q.
•+J
+-"
(13 in
St
10
u
CO
c
2 3
(/)
sx
s_
CD
CM
10
0)
00
N
"Z
c
c
0
(A
0)
Q.
o"
CO
cn
_c
'a
c
OD
T"
N
3 CO
Q- V) E
o.
CD
E a. I—
o
o 0
O u CL
'9
O
o
10
O
lO_^
Lo"
00
CD
O
'w
3
0
0)
c
CD
C
.E
'cD
2
O
O
o
(0
N
•**
c
1—
"a. E
a
CO
O
LO
o
C\{ 10
CM
T-
o
o
o
T—
CO
CM
LO_
irT
CO
00
c
o
c c c
(A
0
0)
Q) E E E
en
0
E
c •<D £ CD
D)
en 0 X
CD
£
0) CO 0)
CD
a
0)
CO
o
CO
c
©
0)
-f—'
CD
• >
CM
c
CD
CO
• * *
>
CD
CD
O
c (/)
c QQ
LL
03
U.
0
Z
o
05
CD
V.
'i
"cD
•Q
CD
Q.
O
T3
C
3
o
o
(/)
CO
CQ
Q_ h
>
-2
in
u.
CD
CD
CO
-a
r-~
OD
CD
CM
N-
IN
o
00
00
CM
00
00
10
00
oo
CD
00
oo
09
00
ra
o
I-
Q.
03
00
I
CO
to
0)
J5 o
1
1
1
i
N
co'
ca
CO
M
T"
<
CSl
CO
CO
D
CD
IT)
CN
O
to
•*"
5
>-
N
N
CO
CD
CO
in
O
CN CO
i n CO
Tf"
CNj"
CD
C\J_ CD_
CN
N
1
O
M
in
N
ro M
in
oo
o_
in"
in
CM
CD
Ln
CO
CO
N
'^
^"
CO
o
O
o
CD
^"
CO
cn
in
?
in
CM
"i,
CD'
CO
N
m
o
CO
CD
Ol
oo"
CO
N
o
N
0)
CD
CN
C3
C >
in"
.CM
(_
f~
O)
CU
t^
CN
C)
m
rCM
L)
CO
lO
N-
o
N.
a
o
CO
0) Dl O
13 ^
O
H
u.
o
o
o
O
O
N
in
1
CO
CO
CO
1
O
CO
CO
CN
cn"
i
0) CO
<
i
o
CD
in
co"
CO
o
o
o
I
d
o
o
o
o"
o
o
o
o_
N
00
in"
CO
N
N
N
o
o
o^
o'
o
CO
o
CD
CD
CO
C )
CO CO
N1 )
CO CD
C )
n
C J
1X1 o>
CD C I
CO
CO
CU
^m
s-
D
CO
O
CD
cn
Q)
CO
O
U. U
_
Q.
O
O
O
O
O
o"
d
CO
o
o
o
o
o_
<S
o in
N
N
N
-aC35
o'
o
o
o_
1
O
O
o
d"
CD
10
I-
00
Q.
•0
•a
c
:D
u.
o
.2 aa i>-
< m ^
o
.2
CO
c
£ •:: o
H 1 - U.
"D
C
E
E
LL
X
CO
1
LL
to
cn U -
"o
T3
C
U,
•o
c
•a
c
u
n
>•
=
c
u.
0
CO
CD
(n
•o
CD
O
e
D)
C
1
O
O
ZJ
9 >
o
u
0)
1 ^
m
w
H
c/l
t/5
c IZ
ra CO
CO
CO
8
o
'3
O
0
If)
B
1
k.
1-
CO
0)
D)
C
CO
CD
E _"5
1
CO
c
o m
CO
m
c •a
ra c
CO
- C
-a
CD
CD
C
O g
•a
c
•TO
CD
t»-
"c
ID
LL
to
CO CD
kl
"TO
CD
CU
•a
c
u.
o
3
n
l-
CO
C
m
a E
E
Q.
o
LL
E
H
3
•a
c
0)
E
^
I
T"
in
O
N
CO
CO
IS
•S
o
o
o
o"
o
o
o
o_
o"
1
b
CD
CO
[0
O
'x
o
Z
CO
LL
CN
CM
• a T3
CVJ
c
C
" D
5-
E
c:
o
'>
c
LU
Q
a:
z
CN
-cf
"D
C
C
LL
LL
LL
LL
LL
•0
B
U.
-*
-a
c
1
LL
CO
c
o
"o
CD
1
LLl
0
u
B
1
b.
0
CO
Ifl
c B
CO
ffl
H-
1-
to
•o
CD
o
•*•*
"3 3
O 0
11
o
LL
To
D)
CD
_J
>O
o •2
CO
£Z
CO
(-
CO
c
CO
H
8)
a>
•o
C
s
u.
CO
Z3 i n
n
(9 "3
I
g
"D
C
LL
O
co
O
N
cn
1
E
E
in
1
1-
,2
•D
c
s
u. in
1
D
LL
•a
o
o
§ 3
3
o
1
JD
1o
3
LU
o
1 1
(ft
B
u
1-
c
CM
CO
LL
T3
m
c
iJI
1Q
LL
•it
B
X
O
0
L.
n
1,
41 o
U)
CO
E
CO
E
c
n
t-
•0
CO
c
CO
Q
'3
O
c;3
c:
CD
i_
m to
CO OJ cj
c= .ii2 CO
O ) CD
O
o -£0
Q. LU -g
CO
CO
05
TS
X I J3 - o i S
•C "
0) O
H I - U. h -
Resolution No. 03- OSl -RP
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three AffiUated Tribes of the
Fort Berthold Indian Reservation hereby certify that the tribal Business Couwpil is composed of seven
(7) members of whom five (5) constitute a quorum, / w e r e prespiit at a ^^'^DUACLX
Meeting
thereof duly called, noticed, convened and held on the " ^ day of m)^M)h
.2003. that the
foregoing Resolution was duly adopted at such meeting by the affirmative vote of y members,
0 members opposed, 0 members abstained, 0 members not voting, and that said Resolution
has not been rescinded or amended in any way.
Chairman |X] Voting. [ INot Voting.
Dated this 5 ^ . day of f w ^ W | >
• 2003.
ATTESTy^
ecutive Secr^ry,^andy Phelan
Lribal Business Council
/[nh
fl / /
m
Chairman, Te^ G. Hal I
Tribal Business Council
^
Resolution No. 03-(B^ -RP
RESOLUTION OF THE GOVERNING BODY
OF THE THREE AFFILIATED TRIBES
OF THE FORT BERTHOLD INDIAN RESERVATION
A Resolution entitled, "Rescission of Project Labor Agreement for Four Bears Bridge Project"
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 18, 1934, and the
authority under said Act; and
WHEREAS,
The Constitution of the Three Affiliated Tribes (the "Tribe") generally authorizes and
empowers the Tribal Business Council to engage in activities on behalf of and in the
interest of the w^elfare and benefit of the Tribes and of the enrolled members thereof; and
WHEREAS,
The Tribe and its leaders worked hard to ensure that funds were made available from
Congress for the construction of a new bridge across the Missouri River to replace the
existing Four Bears Bridge; and
WHEREAS,
The Tribe has previously approved, in Resolution No. 03-0fe7'KP. a "Project Labor
Agreement" (PLA) with the labor unions active in North Dakota to require that
contractors on the Four Bears Bridge project would utilize apprentices enrolled in a
Union sponsored apprenticeship training program certified by the U.S. Department of
Labor; and
WHEREAS,
The North Dakota Department of Transportation, who is constructing the Four Bears
Bridge, and the Federal Highway Administration (FHWA), part of the U.S. Department
of Transportation, which agency is responsible for supplying the funds for the bridge,
have cited Federal regulations, based on a Presidential Executive Order, No. 13202 as
amended by EO No. 13208, that prohibits such PLAs; and
WHEREAS,
The affected labor unions have agreed that the PLA for this project must be withdrawn
for the sole purpose of allowing the Four Bears Bridge project to go forward as
scheduled; and
WHEREAS,
As a result of the discussion with the State of North Dakota about the PLA, other issues
relating to the application and implementation of the Tribal Employment Rights
Ordinance ("TERO") have arisen to which the FHWA has responded threatening the
State of North Dakota that unless these issues are resolved to the satisfaction of the
FHWA, the authority to expend funds on the Four Bears Bridge project will be
withdrawn; and
WHEREAS,
The Tribe has also previously approved a Memorandum of Understanding with the State
of North Dakota in which the State has agreed to allow the Tribe's TERO ordinance to
apply to the Four Bears Bridge Project, and that understanding is stated in the Bid
Specifications that bidders on the bridge project have already received; and
WHEREAS,
The Tribe is continuing to negotiate with the State and the FHWA to ensure that the
Tribe's TERO ordinance will be honored prior to the bid opening on the bridge project
which is now scheduled for Febmary 14, 2003;
NOW THEREFORE BE IT RESOLVED that the Tribal Business Council hereby rescinds any part of
any resolution which approved and authorized the execution of the Project Labor
Agreement, and hereby declares the Agreement to be null and void, and authorizes the
PROJECT LABOR AGREEMENT
THREE AFFILIATED TRIBES OF NORTH DAKOTA
THREE AFFILIATED EMPLOYMENT RIGHTS OFFICE
AND
CONSTRUCTION CRAFT UNIONS
PURPOSE:
This Agreement is entered into by and among the Three Affiliated Tribes of North Dakota (Tribes), the
Three Affiliated Employment Rights Office (TERO), and North Dakota State Building & Construction
Trades Council (Union).
PURPOSE AND SCOPE:
This Agreement applies to the new Three Affiliated Tribes 4 Bears Bridge BRN-7-023(015)046 on the
Fort Berthold Indian Reservation. It represents a concerted effort among the parties to provide
opportunities for family wage employment; to provide safe, healthy, and clean working environments and
working conditions; to provide ongoing apprenticeship, training, employment, and career path
opportunities and to provide affordable family health care and the ability to retire with dignity.
TRIBAL SOVEREIGNTY:
All federally recognized Indian Tribes possess inherent sovereign jurisdiction and authority over their
territories and the affairs of the Tribes and all parties signatory to this agreement acknowledge that
sovereign authority governs the terms of this agreement. The parties agree that the sovereign immunity
and authority of the Tribes shall remain intact and unabridged throughout the life of this agreement and
that the Three Affiliated Tribes Board Tribal Council shall decide all issues regarding tribal sovereignty
and their decision shall be both final and binding.
TERO RECOGNITION:
The Three Affiliated Tribes of North Dakota has adopted a Tribal Employment Rights Ordinance. The
Union and all other parties agree to recognize the rights, responsibility and authority and agree to abide by
the ordinance. The parties recognize that the ordinance has a primary commitment to employment of
Indian tribal members and hiring of Indian preference employees.
UNION RECOGNITION:
The Tribes and TERO recognize the right of the Union to enter into a collective bargaining agreement
with the general contractor(s) for this construction project and to act, as a party to that agreement, as the
exclusive bargaining representatives of all construction-craft employees performing work on the Fort
Berthold Indian Reservation with respect to wages, hours of work, and all other terms and conditions of
employment, provided that:
A.
Native American preference contractors shall not be required to recognize the Union as
exclusive bargaining representative of their employees.
B.
Indian preference employees may choose not to be members of, or pay dues in lieu of
membership, to the Union.
C.
All Non-Native American preference contractors will be signatory to the appropriate craft
Union Agreement.
LABOR LIAISON:
If the Tribes so choose, the Unions will appoint a labor liaison. Such appointment is subject to approval
of the Tribes. The labor liaison will serve as a point of contact in questions arising from the
implementation and interpretation of this agreement. The liaison will help facilitate discussions
concerning the execution and application of this agreement and notify the appropriate parties of meetings,
concerns, or other items of interest.
INDIAN PREFERENCE WORKERS:
The Union agrees that it shall modify, for this project only, any applicable master labor agreements so as
to allow TERO to dispatch qualified Indian preference workers to employers signatory to such
agreements. The Union and TERO shall mutually establish hiring-hall rules consistent with the Three
Affiliated Employment Rights Ordinance requirements, which shall include first-hire priority rights for all
local Indian preference employees. The TERO shall provide a dispatched form, a copy of which shall be
forwarded to the signatory employer and the Union upon dispatch of the employees.
NON-UNION WAGE AND BENEFITS:
If the Indian preference contractor of an employee chooses not to join the Union, the following pay
schedule will be applicable:
1.
Wages will be in accordance with the applicable Union scale.
2.
Health, training, and retirement benefits will be made available by the contractor,
consistent with the contractors standard benefits package. Should the non-union
employees choose not to participate in any portion of the contractor's benefits coverage, a
pro-rata amount will be paid directly to the employee at the time of their separation from
the project and will be reflected on their final paycheck.
3.
The difference between the non-union contractors benefits package and the Union
package will be paid direct to the employee at the time of their separation from the
project and will be reflected on their final paycheck.
4.
Training fund benefits shall be paid by the employer to the appropriate union training
fund as directed by the TERO and will not be paid to the employee after separation.
APPRENTICESHIP AND TRAINING:
The parties recognize the necessity for specialized training and agree to indenture qualified Tribal
apprentice candidates in bona fide apprenticeship programs registered with the U.S. Department of Labor,
Bureau of Apprenticeship and Training or a State Apprenticeship Council, including registered Tribal
Apprenticeship Programs. Existing apprenticeship standards and ratios shall be recognized for hiring
Indian preference apprentices for the life of this agreement. To insure on the job experience for Tribal
members indentured in these registered apprenticeship programs, the Three Affiliated Tribes agrees to
encourage the utilization of apprentices by all construction contractors performing work within Tribal
territories by including apprentice utilization language in the bid specifications. The Tribes have the
option of providing other training for non-union Indian preference employees.
NATIVE AMERICAN DIRECT ENTRY INTO REGISTERED APPRENTICESHIP:
Native Americans who have secured work through this agreement may receive direct entry into
apprenticeship as a registered apprentice provided:
1.
2.
3.
The employer is a Apprenticeship Program Sponsor registered with the U.S. Department
of Labor, Bureau of Apprenticeship and Training or an equivalent State Apprenticeship
Council (SAC).
The applicant has met the minimum qualifications set forth in the Sponsor's
apprenticeship standards for the relevant occupation.
The applicant has received pre-apprenticeship training for the relevant occupation.
RESOLUTION OF DISPUTES:
In the event any issue arises pertaining to the interpretation or application of this Agreement, the parties
shall arrange for a meeting to be conducted at the earliest mutually-convenient time. In the event the
Union and TERO representatives cannot resolve any issue within thirty (30) days after it having been
brought to the parties' attention, the issue will be referred to the TERO Commission for final and binding
determination.
The foregoing procedure shall constitute the exclusive method for resolving issues arising under this
agreement. No part to this Agreement may resort to economic action (e.g., strike, slow-down, cessation
of work or non-dispatch of personnel) to resolve any dispute between the parties throughout the life of
this agreement.
The grievance procedure found in the appropriate craft's local labor agreement shall apply to all disputes
arising under said Agreement. The TERO shall have the right to dispatch a representative to any
grievance proceeding in which an Indian preference employee is involved.
UNION MEMBERSHIP:
Although Union membership is not required for Indian preference employees. Tribes agrees to allow
Union representatives and/or training agents to demonstrate the benefits of Union membership to all
trainees. Tribes further agree to encourage Tribal members and other natives to join the respective craft
Union.
A M M E N D M E N T S TO THE A G R E E M E N T :
This agreement may be amended at any time during the life of the agreement by mutual consent between
all parties.
TERMINATION:
This agreement may be terminated with 30 days written notice by the party wishing to terminate.
For the Three Affiliated Tribes:
For the TERO:
Signature
Signature
Title
Title
Date
Date
For the Unions:
Signature
Title
Date
Resolution No. 03-085 -RP
Chainnan to execute an Agreement with the labor unions who signed the PLA that will
rescind the PLA; and
NOW THEREFORE BE IT FURTHER RESOLVED that the Tribal Business Council hereby
authorizes the Chairman of the Mandan, Hidatsa and Arikara Nation to negotiate and
execute any and all agreements necessary to ensure that to the maximum extent possible,
the Tribe's TERO ordinance will be complied with during the construction of the Four
Bears Bridge, including any agreement that will detennine the extent of the application of
the TERO ordinance to this project.
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold
Indian Reservation hereby certify that the tribal Business Council is composed of seven (7) members of whom five
(5) constitute a quorum, were present at a_
.Meeting thereof duly called, noticed, convened and
held on the
day of'^/OMSM, 2003, that the foregoing Resolution was duly adopted at such meeting by the
affirmative vote of
members,'
members opposed,
members abstained,
members not voting, and
that said Resolution has not been rescinded or amended in any way.
Chairman [K] Voting. [ ] Not Voting.
Dated this
2003.
ATTEST:
RalnayThelan, Ex/cutive Secretary
Tribal Business /
Tex G. Hall, Chainnan
Tribal Business Council
Resolution No. 0 3 - ^ I -RP
RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution entitled, "Tax Commission Membership'
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and^^g 0 lTM|?f#
the authority under said Act; and
WHEREAS, The Three Affihated Tribes Constitution authorizes and empowers the Mandan,
Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and
in the interest of the welfare and benefit of the Tribes and of the enrolled
members thereof; and
WHEREAS, The Three Affiliated Tribes have adopted a Tribal Tax Code which requires that
the Tribal Tax Commission be composed of three (3) individuals, pursuant to
Section 207 thereof; and
WHEREAS, The procedure to fill a vacancy is set forth in section 208, which provides in
material part, that the Chairman of the Tribal Business Council selects all Tax
Commission membership nominations, subject to confirmation by the Tribal
Business Council; and
WHEREAS, Upon confirmation by the Tribal Business Council the persons selected are
appointed to serve on the Tribal Tax Commission for terms of three, two and one
years in accordance with the nomination by the Chairman; and
WHEREAS, Pursuant to Section 207 and 208 of the Tribal Tax Code, the Chairman of the
Tribal Business Council has nominated the following individuals for membership
on the Tax Commission:
, to serve a term of three (3)
years,
, to serve a term of two (2) years, and
, to serve a term of one (1) year, and
as an alternate; and
WHEREAS, Those presently serving on the Tax Commission are holdover members and have
served pending new appointments to the Tax Commission by the Chairman with
confirmation by the Tribal Business Council,.
NOW THEREFORE BE IT RESOLVED, That the Tribal Business Council of the Three
Affihated Tribes, hereby confirms the nominations of
to serve a term of three (3) years,
, to serve a tenn of two
(2) years, and
, to serve a term of one (1) year, and
as an alternate for a period of three years, with the
responsibilities of each Tax Commissioner to commence on February
2003;and
Page 1 of 1
Resolution No. 03-
-RP
\NOW THEREFORE BE IT FURTHER RESOLVED, That the Tribal Business Council
hereby grants to all holdover commissioners the authority and affirms that they
had the authority to have acted on behalf of the Tax Commission during their
period as holdover commissioners.
CERTIFICATION
I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Indian Reservation hereby certify that the tribal Business Council is composed
of seven (7) members of whom five (5) constitute a quorum,
were present at a
Meeting thereof duly called, noticed, convened and held on the
day of
, 2003, that the foregoing Resolution was duly adopted at such meeting by the
affirmative vote of
members,
members opposed,
members abstained,
members not voting, and that said Resolution has not been rescinded or amended in any way.
Chairman [ ] Voting. [ ] Not Voting.
Dated this
day of
, 2003.
ATTEST:
Executive Secretary, Randy Phelan
Tribal Business Council
Chairman, Tex G. Hall
Tribal Business Council
Page 2 of 2