WHITE MOUNTAIN APACHE

LAND CODE


TABLE OF CONTENTS

CHAPTER ONE - GENERAL PROVISIONS
SECTION 1.1 CONSTITUTIONAL AUTHORITY
SECTION 1.2 PURPOSE
SECTION 1.3 SCOPE; EFFECT ON EXHIBITING INTERESTS

CHAPTER TWO - ADMINISTRATION
SECTION 2.1 LAND BOARD; MEMBERSHIP; BIA REPRESENTATIVE
SECTION 2.2 DUTIES OF BOARD
SECTION 2.3 STANDARD ASSIGNMENTS
SECTION 2.4 ELIGIBILITY
SECTION 2.5 QUALIFICATIONS OF APPLICANT
SECTION 2.6 APPLICATIONS FOR STANDARD ASSIGNMENTS
SECTION 2.7 IMPROVEMENTS ON ASSIGNMENTS
SECTION 2.8 PROPER USE OF STANDARD ASSIGNMENTS
SECTION 2.9 AUTHORITY TO REVOKE OR CANCEL ASSIGNEMENTS
SECTION 2.10 TRANSFER OF ASSIGNMENTS
SECTION 2.11 INHERITANCE OF STANDARD ASSIGNMENTS

CHAPTER THREE - HAWLEY LAKE HOMESITES LEASES
SECTION 3.1 POLICY
SECTION 3.2 STANDARD LEASE FORM

CHAPTER FOUR - HONDAH HOMESITE LOT LEASE
SECTION 4.1 POLICY
SECTION 4.2 STANDARD LEASE FORM

APPENDIX 1
WHITE MOUNTAIN APACHE TRIBE ASSIGNMENT AGREEMENT 1-1


APPENDIX 2
HAWLEY LAKE LOT LEASE FORM 2-1



[NOTE: Chapter One and Two of the Land Code are derived from Ordinance No. 29, enacted on December 10, 1958.]

CHAPTER ONE

GENERAL PROVISIONS

SECTION 1.1 CONSTITUTIONAL AUTHORITY

Authority for the establishment of a land code for the Fort Apache Indian Reservation is provided for in the Constitution and By-Laws of the White Mountain Apache Tribe approved by the Tribe June 27, 1958.


SECTION 1.2 PURPOSE

A. To govern the management and administration of lands on the Fort Apache Indian Reservation for beneficial use and occupancy and to formalize the assignment and usage of lands for farming and other beneficial purposes.

B. To aid in equitable distribution of the tribal resources in order that the maximum number of tribal members may derive a livelihood from their farm or livestock operations.

C. To preserve the land and other resources of the Fort Apache Indian Reservation through proper use and management.


SECTION 1.3 SCOPE; EFFECT ON EXISTING INTERESTS

A. All arable land within the exterior boundaries of the Fort Apache Indian Reservation shall be governed and subject to the provisions of this Code.

B. Upon said ordinance being approved by the Secretary of the Interior, the Land Board shall set a date thereafter and all persons having land claims, leases or any interest in lands applicable hereto, or use permits shall be required to apply for a new permit or assignment.



CHAPTER TWO

ADMINISTRATION


[Note: Chapter Two is revised by Ordinance No 198, enacted March 8, 1995]


SECTION 2.1 LAND BOARD; MEMBERSHIP; BIA REPRESENTATIVE

A. The Tribal Council shall appoint a Land Board composed of five members, all of whom shall be adult members of the Tribe, provided that at least one Board member is also a member of the Tribal Council. Said appointments shall be for an indefinite term, subject to removal at any time by the Tribal Council.

B. A minimum of three Land Board members, duly assembled, will constitute a quorum.

C. The officers of the Land Board shall consist of a Chairman and a secretary, who shall be elected by said Board.

D. The Superintendent of the Fort Apache Indian Reservation or his designated representative shall serve as an advisory member of the Land Board.


SECTION 2.2 DUTIES OF BOARD

A. The Land Board shall consult with Bureau, Tribal officials and land users regarding land transactions and usage and shall advise the Council as to their recommendations.

B. The Land Board shall process all applications for land use rights and improvements and recommend to the Council for issuance of assignments, permits, substitutions, leases, rights of way, individual or community pastures and lands for public use purposes.

C. It shall also be the responsibility of the Board to inspect all land improvements to ascertain if maximum beneficial utilization is being obtained and that all conditions of agreements pertaining thereto are being complied with and if the Board finds any breaches of the aforementioned agreement, this fact shall be forwarded to the Chairmen who shall then summon the Council who shall take immediate action to rectify the breach.

D. Act as appraisal and condemnation board on all matters and to obtain, and, if necessary, compensate experts to assist in the appraisal and/or condemnation procedures.

E. Act as advisory board to the Council in all matters pertaining to proper land use.


SECTION 2.3 STANDARD ASSIGNMENTS

Standard Assignments on Standard Assignment Forms designated as Assignment Form WA-1, a copy of same being attached hereto and by reference made a part hereof, shall be made, upon a proper application being filed with the Land Board, to any individual member of the White Mountain Apache Tribe or to any recognized group of individuals of said Tribe, including but without limitations, any livestock association.


SECTION 2.4 ELIGIBILITY

Applicants must be members of the White Mountain Apache Tribe as defined in Article III of the amended Constitution and By-Laws of the White Mountain Apache Tribe, however, all applicants shall agree before receiving an assignment, to make full and proper use of said lands and premises and that to farm in a good husbandlike manner and follow approved practices in connection with proper tillage and maintenance of structures designed to conserve the fertility of the soil.


SECTION 2.5 QUALIFICATIONS OF APPLICANT

A. Applicants shall first indicate a sincere interest in obtaining an assignment with the intent of making full and proper use of lands and premises.

B. Applicants shall consent to a thorough investigation by the Land Board to determine his qualifications.

C. Applicants shall be judged substantially on past experiences as a farmer on the Reservation and on the basis of his personal history as it is reflected by the following factors:
1. Family responsibility.
2. Reputation in his community or village.
3. Character and integrity.
4. Credit rating.
5. Dependability.
6. Industry.
7. Physical condition, ability or perform arduous work.

D. Preference shall be given to applicants who are residents of the district, as defined by Article VI, Section 2 of the amended Constitution and By-Laws of the Tribe, where the land is located.


SECTION 2.6 APPLICATIONS FOR STANDARD ASSIGNMENTS

A. Applications for standard assignments shall be made in writing to the Secretary of Land Board by the applicant. The Land Board shall give advance public notice of the date, and when and where applications will be received. The Secretary of the Land Board shall record all necessary information on an approved application form. The applications shall be prepared in quadruplicate, numbered consecutively, dated and filed chronologically, in a bound folder, one copy in the Agency Office and one copy to the applicant. The Secretary shall at this time schedule a date when the applicants may appear before the Land Board for hearing on his application.

B. Any member of the Tribe wishing to oppose the granting of an assignment shall do so in writing, setting forth his objections, to be filed with the Secretary of the Land Board, and shall appear before the Land Board to present evidence at the time of the scheduled hearing of the applicant.

C. The Land Board shall investigate each applicant to determine his eligibility and qualifications as set forth in the Land Code and then shall present the application along with their recommendations in writing to the Tribal Council for their consideration and action. The decision of the Tribal Council shall be final.

D. The Secretary of the Land Board shall furnish the Superintendent a complete record of all actions and findings made by the Land Board and the Tribal Council regarding applications for assignments and all such records shall be maintained in the Agency, Tribal and Land Board files.

E. Applicants shall be considered in the order that their applications were filed; however, procedures for the selection of assignees from the qualified list of applicants shall be formulated by the Land Board and may be modified from time to time as conditions warrant.


SECTION 2.7 IMPROVEMENTS ON ASSIGNMENTS

Any property placed of the land by the assignee which has become affixed to the realty shall not be removed by said assignee if his assignment has been cancelled either voluntarily or involuntarily. The Land Board shall be the final authority as to whether the property has or has not been affixed to the realty. Irrigation improvements shall remain the property of the Tribe when installed by appropriated or tribal funds.


SECTION 2.8 PROPER USE OF STANDARD ASSIGNMENTS

A. Continued use and control of assignments shall be based on actual and beneficial use described as follows:
(1) Clean cultivation shall be practiced on row crops and the land kept reasonably free from weeds, crop pests, Johnson grass, etc.
(2) The maintenance and protection of the project works shall in part be the responsibility of the assignee and each assignee shall contribute his share towards such maintenance and protection.
(3) Non-use of any portion of the assignment shall be considered sufficient cause for cancellation of the assignment. Non-use caused by acts of God shall not be determined as the fault of the assignee and shall not be used as evidence of willful neglect.
(4) The apportionment of water shall be on an equal basis for all assignees within a designated project area. Continued misuse or waste of water will be just cause for cancellation of the assignment.
(5) Assignees shall conduct their individual farming operations and practices so that they will not be detrimental or harmful to other assignees operating on the project.

B. Any assignee who disregards the practices described above shall be charged with willful negligence by the Land Board and appropriate recommendations made to the Tribal Council.


SECTION 2.9 AUTHORITY TO REVOKE OR CANCEL ASSIGNMENTS

A. Complaints may be initiated by any individual or group including any member of the Land Board that an assignee is violating some provision of the Land Code. The complaint shall be in writing and filed with the Board who shall then hold a public hearing regarding same and shall render a decision within five days of the hearing. If the assignee is dissatisfied with the decision of the Land Board, he shall then have the right to appeal the decision to the Tribal Council and said Council shall likewise hold a hearing in which all interested parties are entitled to be present and their decision shall be final.

B. Should the decision of the Board and/or the Tribal Council be that the assignee's assignment is cancelled the land involved covered by said assignment shall become available for reassignment and the assignee shall be given reasonable time, not to exceed 60 days, to dispose of any of his personal property which has not become affixed to the realty located on the assigned premises.

C. Should an assignee wish to voluntarily relinquish his land, he shall be given reasonable time, not exceeding 60 days, to dispose of his personal property located thereon.


SECTION 2.10 TRANSFER OF ASSIGNMENTS

A. Transfer of assignments may be granted to assignees under the following circumstances: An assignee who becomes physically unfit to farm the land and is unable to have it farmed under his own supervision, a widow of deceased assignee, minor children of deceased assignee and in other instances where the best interest of the family is involved. Permits to transfer shall first be recommended by the Land Board and then approved by the Tribal Council.

B. Transfer shall be prepared on an approved from and recorded and filed in the Land Board, Tribal Office and Agency Office files.

C. Transfers of assignments may be approved for a period of one year. Transfers of assignments may be made as hereinbefore provided for, however, the Land Board and/or Council may reduce the period remaining in the original assignment in order to enable the transferee to prove to the satisfaction of the Board that he intends to put the land to its full beneficial use.

D. The transferee shall be bound by all of the covenants and stipulations provided in the original assignment, provided, however, that before a transfer of an assignment is made an application must be made by the administrator or executor to the Land Board and approved by the Tribal Council as hereinbefore provided for in the application for original land assignment.


SECTION 2.11 INHERITANCE OF STANDARD ASSIGNMENTS

In the event of death of the assignee, the heirs, executors, administrators and assigns of the assignee shall inherit all rights, privileges and obligations incurred herein subject to the terms of the assignments.



CHAPTER THREE

HAWLEY LAKE HOMESITE LEASES


[NOTE: Chapter Three is derived from Ordinance No. 33, enacted March 4, 1959.]


SECTION 3.1 POLICY

The White Mountain Apache Tribe has expended in excess of one hundred sixty thousand dollars ($160,000.00) to build the Smith Park Dam, and a certain portion of the area surrounding Hawley Lake is now ready for leasing.


SECTION 3.2 STANDARD LEASE FORM

BE IT ENACTED by the White Mountain Apache Tribal Council in Council assembled: that the attached lease form marked "Exhibit A" is approved as the lease form for all lots to be leased in the Smith Park Recreational Area.



CHAPTER FOUR

HONDAH HOMESITE LOT LEASE


[NOTE: Chapter Four is derived from Ordinance 54, enacted October 10, 1963.]


SECTION 4.1 POLICY

The Area Projects Development Committee has recommended that the area between the Indian Pine west side of Highway 73 to the south boundary of the White Mountain Country Club containing approximately 1000 acres be developed by the Tribe for leasing of homesite and commercial development sites.


SECTION 4.2 STANDARD LEASE FORM

BE IT ENACTED by the Council of the White Mountain Apache Tribe that the lease form now being used in the Hawley Lake Development area is hereby adopted for use in the Indian Pine Development, except that the lease is modified to read: "Honda Homesite Lot Lease".



APPENDIX 1 Assignment Form WA-1

WHITE MOUNTAIN APACHE TRIBE

ASSIGNMENT AGREEMENT


THIS ASSIGNMENT AGREEMENT made and entered into this day of , 19, by and between the WHITE MOUNTAIN APACHE TRIBE, hereinafter referred to as the Assignor, and of hereinafter referred to as the Assignee:

W I T N E S S E T H:

That for and in consideration of the agreements and covenants on the part of the Assignee to be performed, the Assignor does hereby assign to Assignee the lands and premises described as follows, to-wit:


Sec. T. R. East and containing acres or more or less. The period of this assignment is from the day of , 19 to the day of , 19.

The Assignee covenants and agree as follows:

1. That he will make full and proper use of said lands and premises; that he will farm in good husbandlike manner and will follow approved practice in connection with proper tillage and maintenance of structure designed to conserve the fertility of the soil.

2. That he will keep the building, fences and other improvements in good repair.

3. That he will not permit said premises to be used for any unlawful purpose or purposes and shall be held fully responsible for any malicious destruction to the lands or premises.

4. That upon the expiration date of this Assignment, if there be no renewal thereof, he will immediately relinquish possession of the above described premises to Assignor.

5. That he will not cut or use any timber located on said premises except with special permission of Assignor.

It is understood and agreed by the Assignee that if the said Assignee or his successors or assigns fail to make good and proper use of said lands and premises, or violate any of the terms of this contract, the Tribal Council may terminate this assignment agreement.

It is further understood and agreed by Assignee that if he violates any of the terms or conditions of this agreement or fails to make goods and proper use of said lands and premises, and Tribal Council and/or Land Board fail to take the necessary steps to terminate this agreement, then the Superintendent of the Fort Apache Agency may terminate said agreement or use any other remedy to insure proper usage of the land or to correct any violations.

It is further understood and agreed by Assignee that all improvements placed on the above described premises which have become affixed to the realty shall become a part thereof and shall revert to the Assignor upon the termination of this agreement.

It is further understood and agreed that the Assignee may construct the following improvements, which improvements shall not be considered as being affixed to the realty and may be removed by the Assignee within sixty (60) days after the termination of this agreement:

Anything to the contrary notwithstanding in this assignment, the Assignee further agrees to abide by all existing regulations and laws of the White Mountain Apache Tribe and those prescribed by the Secretary of the Interior relative to the assigning of Indian tribally owned trust lands, which reference are made a part of this assignment agreement.

Time is of the essence of this agreement.

This agreement shall be binding on the heirs, executors, administrators and assigns of the parties hereto.

IN WITNESS WHEREOF the parties hereto have hereunto set their

hands this day of , 19.

WHITE MOUNTAIN APACHE TRIBE

By

Tribal Chairman

A S S I G N O R

Attest:

Secretary

A S S I G N E E

WITNESS

APPROVED:

Superintendent, Fort Apache Agency



APPENDIX 2

Contract No.

UNITED STATES

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

................


Hawley Lake Lot Lease

THIS INDENTURE OF LEASE, made and entered into in sextuplicate on this day of , 195, between LESTER OLIVER, Chairman of the Tribal Council, for and on behalf of the White Mountain Apache Tribe of Indians of Whiteriver, Arizona, party of the fir part, hereinafter called the Lessor, and of , part of the second part, hereinafter called the Lessee:

W I T N E S S E T H:

THAT WHEREAS, Lessor desires to enter into a long-term lease of those certain premises described as follows, to-wit:

Lot No., Smith Park Recreation Area, Apache County, Arizona, according to the map thereof on file in the office of the County Recorder of Apache County, Arizona, a copy of which is attached hereto, marked Exhibit "A", and by reference made a part hereof; and

WHEREAS, the Lessee hereto desires to enter into said long term lease covering said above-described premises for the purpose of constructing a residential dwelling;

NOW, THEREFORE, in consideration of the premises and of the premises, covenants and conditions hereinafter set forth, to be kept and preformed by the respective parties hereto, it is mutually agreed as follows:

1. The Lessor, in consideration of the rents and covenants hereinafter agreed to be paid and performed by said Lessee, does hereby said Lessor, those certain premises hereinabove described.
TO HAVE AND TO HOLD said premises for a term of twenty-five (25) years, commencing on , 19.

2. Lessee hereby agrees to pay rent for said premises the sum of Dollars, payable as follows:
Dollars on or before , 19, and the balance in yearly installments of Dollars per year, and like amount on or before the 1st day of of each and every year thereafter during the term of this lease.

3. Construction under this lease shall begin within twelve months and shall be completed within thirty-six months from the date hereof.

4. The Lessee covenants and agrees to abide by the minimum construction specifications as prescribed by Lessor, and all development plans; lay-out plans; construction, reconstruction, or alteration of improvements; or revision of lay-out or construction plans for this area must be approved in advance and in writing by the Lessor. Tress or shrubbery on the leased area may be removed or destroyed only after the Lessor or its designated agent and the Superintendent have approved, and have marked or have otherwise designated that which may be removed or destroyed. Trees, shrubs and other plans may be planted in such manner and in such places about the premises as may be approved by Lessor.

5. The Lessee shall maintain the improvements and premises to standards of repair, orderliness, neatness, sanitation, and safety acceptable to Lessor, and all electric wiring, if and when installed, shall conform to underwriters specifications.

6. The Lessee in exercising the privileges granted by this lease, covenants and agrees to and with the Lessor that the premises shall, during the said leased term, to be used only and exclusively for proper and legitimate residential purposes, and it is expressly agreed between the parties hereto that the Lessee will not use or suffer to permit any person to use in any manner whatsoever the demised premises, or any building or improvements thereon or any portion thereof, for any purpose calculated to injure the reputation of the premises or of the neighboring property, not for any purpose or use in violation of the laws of the United States, the State of Arizona, or the ordinances or regulations of the White Mountain Apache Tribe, including but not restricted to Tribal Fish and Game Laws, nor for any immoral or unlawful purpose whatsoever; and Lessee further covenants and agrees not to disturb the peace or quiet of the neighborhood nor to keep or harbor any animals of any kind in or on the demised premises without the prior written consent of Lessor.

7. Lessee covenants and agrees not to perform any acts or carry on any practices which may be a nuisance or menace to other lessees in the Hawley Lake Area, and shall keep the premises under his control clean and free from rubbish at all times, and in the event the Lessee shall not comply with these provisions, the Lessor may enter on said premises and have the rubbish removed and in which event the tenant agrees to pay all charges for removing the rubbish. Said charges shall be paid to the Lessor by the Lessee as soon as a bill is presented to him.

8. The Lessee shall take all reasonably precautions to prevent and suppress forest fires. No materials shall be disposed of by burning in open fires during the closed season established by law or regulation without a written permit from the Lessor its authorized agent. The roof shall be kept clear of leaves and other inflammable material while the premises or occupied and the grounds shall be kept clean of all brush, dry grass or other inflammable waste material for distance of twenty-five (25) feet on all sides of the dwelling and all campfires built outside the dwelling will be confined to small areas cleared of all inflammable material and will be carefully tended until extinguished. Brush or debris burning will not be allowed during windy dry periods. Lessee further agrees to indemnify, protect, and save had less Lessor, the United States of America, its officials and employees, the White Mountain Apache Tribe of Indians and the individual members thereof from and against all claims, demands and damages together with costs and expenses arising out of Lessee's negligence of actionability faults in connection with constructing said building or improvements and occupying said premises.

9. The Lessee shall exercise diligence in protecting from damage the land and property of the Lessor covered by and used in connection with its lease, and shall pay the Lessor for any damage resulting from negligence or from the violation of the terms and conditions of this lease or of any law or regulation applicable to the forests of the Fort Apache Indian Reservation by the Lessee, or by any agents or employees of the Lessee acting within the scope of their agency or employment.

10. The Lessee shall fully repair all damages to the roads or trails on the Fort Apache Indian Reservation, other than ordinary wear and tear, caused by the Lessee in the exercise of the privilege granted by this lease.

11. Lessor shall make available, to the exterior boundaries of the leased premises, electric power and water at no charge to the Lessee; however, the Lessee shall pay all reasonable charges for water, electricity, garbage or watchman services used by said Lessee and shall further install a septic tank, in accordance with approved specifications.

12. The Lessee shall have the right at any time during the term of this lease to alter, make additions to, remodel or repair any building or improvements placed upon the lands, but no removal of demolition of the improvements under this lease shall take place without the prior written consent of the Lessor first had. The Lessee shall at all times during the term of this lease and at the Lessee's sole cost and expense, keep and maintain all buildings, structures, and other improvements erected and placed on said premises in good order and repair and the whole thereof in a clean, sanitary, neat, and attractive conditions, and in such manner as shall be approved by the Lessor, and the Lessee shall construct, maintain and repair all fences, walls, sewers, sewer connections, drains, driveways, sidewalks, and other improvements which may be required at any time by law to be constructed, maintained, and repaired upon adjoining or in connection with or for the use said premises or any part thereof, and the Lessee shall make any and all additions to or alterations in the building and structures erected on said premises which may be required by law and shall otherwise observe and comply with any and all public laws, ordinances, and regulations for the time being applicable to the said premises, and Lessee shall indemnify and save harmless the Lessee against all actions, claims, and damages by reason of the Lessee's failure to keep and maintain said premises and the buildings and improvements thereon as hereinabove provided, or by reason of its nonobservance of law, ordinance, or regulation applicable thereto.

13. In the event of partial or total destruction of any building or improvement erected under this lease, the Lessee, at the Lessee's sole cost and expense, shall reconstruct the building or improvements in compliance with applicable laws and building regulation and in accordance with the original general plans agreed upon under this lease, excepting those charges, alterations, or commissions permitted by the written consent of the Lessor. Such reconstruction shall commence within ninety (90) days, weather permitting, after the injury occurs and shall be pursued diligently.

14. The Lessee shall not permit any mechanics, materialmen's contractors' or sub-contractors' liens arising from any work of construction, repair, restoration or removal as herein provided or another claims or demands of any nature to be enforced against the lease, premises or any part thereof, but the Lessee shall pay all such claim liens and demands before any actions is brought to enforce same; or if the Lessee desires to contest any such lien, claim, or demand, Lessee may do so, provided that the Lessee will deposit an adequate bond to prevent enforcement of any lien if the Lessee is unsuccessful in such contest; and the Lessee agrees to hold the Lessor and said premises free and harmless form any and all such liens, claims, or demands, together with all costs and expenses in connection therewith, the Lessee similarly shall have the right to contest any asserted tax or assessment against property by posting bond to prevent enforcement of any lien resulting therefrom, and the Lessor will execute any documents necessary in the Lessee's contest.

15. The Lessee shall pay, when and as the same become due and payable, all taxes, general and special assessments, and other like damages, including any and all licenses, fees or charges properly assessed, which may be levied, assessed, or imposed during the term of this lease or against the leased land and all interest therein and improvements and other property thereon to which either the Lessee or Lessor may become liable in relation thereto; and the Lessee agrees to protect and hold harmless the Lessor and the leased premises and all interest therein and improvements thereon from any and all such taxed assessments, and charges and from any lien therefor or sale or other proceedings to enforce payment thereof. Upon written application of the Lessor, the Lessee shall furnish to the Lessor for inspection and for such use as may be proper for the protection of the Lessor's interest in the leased property, written evidence duly certified that any and all taxes required to be paid by Lessee hereunder have been paid, satisfied, or otherwise discharged, Lessor shall execute and file any documents required by Lessee with reference to real estate tax exemption of the land.

16. In the event the Lessee shall fail to pay any tax, assessment, or other charges upon the leased premises when due and payable as provided herein, or shall fail to pay any lien or claim for labor or material used or employed in, or any claim for damages arising out of the construction, repair, restoration, maintenance, and use of said premises and the buildings and improvements erected and placed thereon, or any other claim, charge, or demand which Lessee has agreed to pay under the covenants of this lease, then the Lessor may, at his option, if the Lessee, after written notice from the Lessor, has failed to pay or to post bond against enforcement, pay any such tax, assessment, lien, claim, charge, or demand, or settle or discharge any action therefor, and all costs, expenses, damages and other sums incurred by Lessor in connection therewith shall be paid to Lessor upon demand, together with interest thereon at the rate of six per cent (6%) from the date of payment until repaid, and any default in such payment shall constitute a breach of the covenants and conditions of this lease.

17. Neither the Lessor nor the United States Government, nor their officers, agents, and employees shall be liable for any loss, damage, injury of any kind whatsoever to the person or property of the Lessee or sublessee or any of the Lessee's of Sublessee's employees, guests, or invitees, or any other person whomsoever, caused by any use of the leased premises, or by any defect in any building, structure, or other improvement erected thereon, or arising from any accident on said premises or any fire or other casualty thereon, or occasioned by the failure on the part of the Lessee or Sublessee to maintain said premises in a safe condition, or by any nuisance made or suffered on said premises, or by any act or omission of Lessee or Sublessee, or of Lessee's or Sublessee's employees, guests, or invitees, or arising from any other cause whatsoever; and Lessee, as a material part of the consideration of this lease, hereby waives on Lessee's behalf all claims and demands against Lessor and agrees to indemnify and save Lessor free and harmless from liability for all claims and demands for any such loss, damage, or injury, together with all costs and expenses arising therefrom and in connection therewith.

18. The Lessee shall not encumber, assign, or transfer the lease or any right or interest thereto without the written consent and approval of the Lessor and the Secretary of the Interior or his duly authorized representative. The Lessee shall not encumber, assign or transfer any right or interest thereto, in or to any of the buildings and improvements erected and placed on the leased premises, without the written consent and approval of the Lessor, and no such encumbrances, assignment, or transfer, whether voluntary or involuntary by operatic of law, under legal process, in bankruptcy, or otherwise, shall be valid, or effective without prior written consent and approval of the Lessor and/or the Secretary of the Interior or his duly authorized representative, and then only upon the condition that the encumbrance, assigns, or other successor in interest shall agree in written with and for the benefit of the Lessor, to assume, perform, and be bound by each and all of the covenants and conditions of the Lessee herein contained. Should the Lessee attempt to make any such encumbrance, assignment, or transfer, except as aforesaid, or should any right or interest of the Lessee hereunder or in or to said buildings and improvements be attached, levied upon, seized, or sold by or under court order or legal process, or otherwise, or should the Lessee become insolvent or be adjudged bankrupt, then any of the foregoing events shall be deemed a breach of the conditions and restrictions of this lease and thereupon the Lessor may, at his option, termination of this lease forthwith by written notice, and upon such termination of this lease shall cease and end and thenceforth be of no further force or effect, except as hereinafter otherwise provided. Should the Lessee sublet any building or improvement, or part thereof, he shall provided that such sub-tenant shall be subject to and bound by each and all of the conditions of this lease and no such subletting shall affect any of the obligations or liabilities of the Lessee hereunder. Should the Lessor and the Secretary of the Interior or his duly authorized representative consent to any such encumbrance, assignment, transfer, or sublease, none of the restrictions of this article shall be thereby waived and the same shall apply to each successive encumbrance, assignee, transferee, sublessee, and other successor in interest of the lease.

19. The Lessee shall abide by and conform to any and all regulations of the Secretary of the Interior now or hereafter in force relative to leases of this nature, provided that the annual rental, other payments, provisions for subletting or the term and extension or the term of this lease may not be changed by future regulation without the written consent of the parties hereto.

20. Time is hereby declared to be the essence of this lease. If the Lessee shall fail to pay any tax, assessment, lien, claim, charge, or demand provided for in this lease to be paid by the Lessee at the time and in the manner herein provided, or should Lessee default in the payment of any installment of rent or any other sum when due as herein provided, and if such default shall continue uncured for the period of thirty (30) days from and after written notice thereof Lessor to Lessee, or in the event Lessee shall default in the performance of or shall breach any other covenant, condition or restriction of this lease herein provided to be kept or performed by the Lessee, and if such provided to be kept or performed by the Lessee, and if such default or breach shall continue uncured for period of sixty (60) days from and after notice thereof by Lessor to Lessee, (during which 30-day or 60-day period, as the case may be, Lessee shall have the privilege of curing such default or breach), and in any such event, Lessor, at its option, may declare this lease forfeited by giving the Lessee written notice thereof, and upon such forfeiture, Lessee shall thereafter have no further rights or interests hereunder or in or to the leased premises or any part thereof, and Lessor may reenter and take possession of the leased premises and all buildings and improvements thereon, title to which shall vest in the Lessor, and may cast therefrom the Lessee and all persons claiming under the Lessee.

21. If action be brought by either party in unlawful detainer for rent or any other sums of money due under this lease, or to enforce performance of any of the convents and conditions of this lease, the leasing party shall pay reasonable attorney's fees of the prevailing party, to be fixed by the Court as a part of the costs in any such action.

22. The Lessor or the Secretary of there Interior or their duly authorized representative shall have the right at any time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon.

23. Holding over the Lessee after the expiration of the term of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises.

24. Nothing contained in this lease shall operate to delay or prevent a termination of Federal trust responsibilities with respect tot he land during the term of this lease; however, such termination shall not serve to abrogate this lease. In the event of such termination, all powers, duties, or other functions of the Secretary of the Interior or his authorized representative shall terminate, and the responsibility for enforcing compliance with the covenants of this lease shall be assumed by the Lessor, his heirs, devise, executors, administrators, or assigns.

25. The voluntary or other surrender of this lease by the Lessee, or a mutual cancellation thereof, shall not work a merger, but shall, at the option of the Lessor, terminate all of any existing subleases or sub-tenancies, if any, at the option of the Lessor, and operate as an assignment to it or any or all such subleases or sub-tenancies.

26. Upon abandonment, termination, revocation or cancellation of this lease, the Lessee may remove, within a reasonable time not to exceed ninety days, weather permitting, all structures and improvements, except those owned by the White Mountain Apache Tribe, and further excepting therefrom all septic tanks or water or sewage lines which are attached to the land and all electric lines or poles. All fixtures and improvements not so removed within the time specified shall be considered abandoned by the said Lessee; however, Lessee covenants and agrees that all fixtures, building and improvements placed upon said premises during the existence of this lease shall be subject to a landlord's lien for the payment of all rental due or to become due under the terms of this lease.

27. Whenever under this lease provision is made for notice of any kind, it should be deemed a sufficient notice and service the of if the said notice to the Lessee is in writing and addresses to the last known post office address of the Lessee and deposited in the mail; and notice to the landlord shall be deemed sufficient notice and service thereof if the notice is in writing addressed to the Lessor at Whiteriver, Arizona, and deposited in the mail. Notice need be sent to only one Lessee where the Lessee consists of more than one person.

28. This lease and the covenants, conditions, and restrictions hereof shall be extended to and be binding upon the successors, heirs, assigns, executors and administrators of the parties hereto.

29. This lease shall not be valid or binding upon either party hereto until approved by the Secretary of the Interior or his duly authorized representative.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on this day of , 195.

WHITE MOUNTAIN APACHE TRIBE

BY

LESSOR

LESSEE

LESSEE

STATE OF ARIZONA )

) ss.

COUNTY OF)

This instrument was acknowledge before me this day of , 195, by

NOTARY PUBLIC

My commission expires:

STATE OF ARIZONA )

)ss.

COUNTY OF)

This instrument was acknowledge before me this day of , 195,

NOTARY PUBLIC

My commission expires:


This page is maintained by:
Marilyn K. Nicely, American Indian Law Subject Specialist: nicely@www.law.ou.edu
Date Last Modified: 15 December, 1997
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