        |
|
In consideration of the mutual covenants, promises, and agreements herein contained, the landlord hereby rents to the Tenant and the Tenant hereby leases from the landlord certain lands lying within the Hopi Reservation consisting of not more than three acres for a homesite and not more than ten acres for farming purposes, more fully described in Exhibit A, attached hereto and made a part thereof, together with all improvements and fixtures thereon (the "Premises"). Said Premises is owned entirely by the Landlord.
1. Term. The term of this Lease shall commence on the __ day of ___, 199_, and end at midnight seventy- five (75) years from that date (the "Lease Term"), unless earlier terminated pursuant to any other terms of this Lease. No notice by Landlord of the expiration of this Lease shall be required to be given to any party or person.
2. Rent. The annual rental for homesite use pursuant to this Lease is dependent on the number of persons residing on the Premises during that year. If there are four or less people residing on the Premises, the annual rental is $250/homesite; if there are five, six, or seven persons residing on the Premises, the annual rental is $500/homesite; and, if there are eight of more persons residing on the Premises, the annual rental is $1,000/homesite. The annual rental for farming use pursuant to this Lease is $100/acre of farmland. The annual rental for the grazing use pursuant to paragraph 12 is $50/SUYL. The homesite and farming rental and the grazing rental are to be indexed against the Consumer Price Index which is known as the CPI-U (nationwide, 1984=100) or, if such index is no longer published, any replacement index chosen by Landlord. The rentals are to be paid annually by the Navajo Nation and are due to the Hopi Tribe on or before January 15 of each year that the Lease is to be utilized.
3. Termination. This Lease shall terminate: (1) upon the Tenant's no longer using the Premises as his principal residence for a continuous period of more than two years; (2) upon conviction of the Tenant in a court of competent jurisdiction for the violation of any crime referenced in 18 U.S.C. 1153 or its counterpart in Hopi Ordinance No. 21: section 3.3.2 (abduction), section 3.3.4 (assault and battery), section 3.3.7 (breaking and entering), section 3.3.9 (burning), section 3.3.11 (sexual contact with a minor), section 3.2.25 (escape or aiding a fugitive), section 3.3.29 (homicide), section 3.3.71 (sexual imposition), and section 3.3.86 (incest), or section 3.3.13 of Hopi Ordinance No. 21 (child molesting); (3) upon three convictions of the Tenant in a court of competent jurisdiction for the violation of any combination of the following sections of Hopi Ordinance No. 21: section 3.3.17 (cutting green timber), section 3.3.44 (impersonation of a public officer), section 3.3.46 (injuring fences), section 3.3.47 (injury to public property), section 3.3.52 (maintaining a public nuisance), section 3.3.54 (malicious mischief), section 3.3.56 (misbranding), section 3.3.63 (polluting streams), section 3.3.73 (tampering with communications), and section 3.3.82 (wrecked, junked, or unserviceable vehicles); section 108.C.1.a of Hopi Ordinance 43; or, when enacted, the proposed Hopi Woodland and Wildlife Ordinances; (4) upon the Tenant using the Premises for a commercial business or mining activity or upon the Tenant assigning, subletting, or licensing the Premises in violation of paragraph 13 of this Lease; or (5) upon failure of the Navajo Nation to make payment when due of the rentals due under this Lease, as described in paragraph 2 above, which failure continues for thirty (30) days after demand in writing has been made upon the Navajo Nation for payment. If the rental due is not paid within that thirty-day period, this Lease is terminated without recourse effective immediately.
In the case where "Tenant" refers to more than one person, no termination shall occur under subparagraph (1) above unless all Tenants give up the Premises but the Lease shall be terminated with respect to the Tenant who no longer principally resides in the Premises, and similarly under subparagraphs (2) and (3) a conviction or convictions against one Tenant shall terminate only that Tenant's rights under this Lease. Termination of this Lease pursuant to subparagraphs 1 through 4 shall be effective 90 days from date of delivery of a written notice of termination specifying the reasons therefore to the Tenant, at his last known mailing address by certified mail, or in person, or by posting in three prominent places on the Premises if the location of the Tenant is on the reservation and the mailing address is not known unless action to contest the validity of the termination is filed with the Hopi Tribal Court before the expiration of this 90 days. If a contest is timely filed in the Tribal Court, the final termination date will be established by the judge of the Hopi Tribal Court upon consideration of the case. The Tribal Court, in addition to the relief granted in the judgment to the prevailing party, shall award reasonable attorney fees and costs to the Hopi Tribe if it is the prevailing party.
4. Tribal Jurisdiction. With the exception of issues
which are entirely Navajo-related, e.g., probate, domestic
relations, child custody and adoption, tribal benefits and services,
etc., to which Navajo law will apply and Navajo courts will
have jurisdiction, Tenant and all other persons (minors and
guests) occupying the Premises are subject to the civil and
criminal jurisdiction of the Hopi Tribe and the Hopi Tribal
Court while thereon. This jurisdiction extends to all questions
re
1 Editors note: emphasis in bold added to clarify points of
major concern for Diné living on HPL lands.
Diné
garding ownership of this Lease. Landlord agrees that
the Tenant shall have due process under Hopi law and that
the Tenant shall be treated fairly and equitably and shall
be subject to the same rules and regulations and provided
with the same access to infrastructure and resources
(excluding tribal benefits and services) as members of the Hopi
Tribe residing on the HPL.
5. Relocation Benefits Waived. By signing this Lease, Tenant agrees and acknowledges that, after three (3) years from the date of this Lease, with the exception of temporary emergency relocation assistance (as set forth in 25 C.F.R. 700.175), any and all rights he would have to relocation benefits as more fully defined in 25 U.S.C. 640d are waived. If the Tenant decides to exercise his relocation benefits after signing this Lease, he must vacate the premises as soon as a relocation dwelling is made available or within three years from the date of the Lease, whichever is sooner.
6. Condition of Premises. The Tenant hereby acknowledges that he accepts the Premises in its "AS-IS" condition and will, pursuant to paragraph 14, return the Premises in the same or better condition at no cost to the Landlord. The Tenant shall be responsible for the construction and maintenance at his expense of any fencing required to protect the premises from trespassing by livestock.
7. Landlord's Liability. The Landlord shall not be liable for any injury, damage, or loss sustained by the Tenant, any person claiming through the Tenant, or any guest or invitee of the Tenant as a result of any accident or occurrence in or upon the Premises.
8. Utility Service. To the extent that all applicable laws and regulations have been complied with, including the Hopi Comprehensive Land Use Plan, Tenant may contract with a third- party to provide utility services or other infrastructure related to allowable uses of the Premises. Similarly, written consent from the Landlord must be obtained for the development of any well. The development of any well shall not act as a conveyance of any water rights from the Landlord to the Tenant.
9. Maintenance. Subject to the provisions of paragraph 10 below, the Tenant shall keep the Premises neat, clean, and sanitary, and shall dispose of all rubbish, garbage, and other organic or flammable waste in a clean, safe, and sanitary manner. The Tenant shall not generate, store, bury or dispose of any materials on the Premises which would qualify as hazardous or toxic wastes under any federal or state statute or regulation or Hopi ordinance. The Tenant shall not permit any person to, and shall not himself, commit waste or remove any part of the Premises. The cost of any repairs to the Premises shall be the responsibility of the Tenant. The Navajo Nation agrees to indemnify and defend the Landlord, on behalf of the Tenant, for any claim, demand, cost, penalty, damage or judgment incurred by the Landlord under this paragraph, including reasonable attorneys' fees.
10. Work Done By Tenant. The Tenant is authorized to repair, restore, and enlarge existing structures on the Premises. In addition, the Tenant may, after application to the Landlord, construct new structures on the Premises so long as the structures are related to the Tenant's residential, farming, grazing or traditional Navajo ceremonial use. As long as the proposed new structure meets this condition, the Landlord agrees to process and grant such applications within seven days.
11. Uses. The Premises will be used solely as the principal residence of Tenant to be occupied by no one other than the Tenant and the members of the Tenant's immediate family. Up to ten acres of the Premises may be used for agricultural purposes; however, no grazing activities shall be conducted on the Premises or on the Hopi Reservation without a validly issued and current grazing permit from the Hopi Tribe as set forth in paragraph 12. The Tenant shall not undertake any mining or commercial business activity on the Premises. The Tenant will not use the Premises or allow it to be used for any disorderly or unlawful purpose, and the Tenant will comply with all applicable federal, state, and Hopi Tribal laws and ordinances. The Tenant agrees that he will use areas off the HPL designated by his Chapter for the burial of human remains. In addition, the Tenant agrees that the Premises are not now and will not become an identified religious shrine pursuant to 25 U.S.C. 640d-20.
12. Grazing. The Tenant may request that he be allocated a portion of the 2,800 sheep units year long ("SUYL") [author's note: the allocation averages out to about 25 sheep per extended family, which is far less than the minimum necessary for survival of that family] made available to all of the Navajos who enter into Residential Homesite Leases. The specific allocation to the Tenant will be made by the Navajo Nation and the Tenant's permit for the allocated SUYL will be issued by the Hopi Tribe. The allocation by the Navajo Nation will be made on an annual basis on or before November 1 of the preceding year. The corresponding permit will be issued by the Hopi Tribe by December 1 and will be effective on January 1. The permit is terminable if the Navajo Nation has not paid the rent for the grazing use by January 15 as set forth in paragraph 2. To the extent possible, the permitted SUYL will be for a range unit or portion thereof near the Tenant's Premises. Notwithstanding section 102.A.1 of Hopi Ordinance No. 43, the Tenant's permit will be regulated pursuant to that Ordinance, and by accepting his permit, the Tenant consents to all terms of Ordinance No. 43, with the exceptions get forth below, and to the jurisdiction of the Hopi Tribe to enforce Ordinance No. 43. The sections of Hopi Ordinance No. 43 which shall not apply to the Tenant are sections 106.C.1, 106.C.4, 108.C.2.a.(1), 108.C.2.a.(2), 108.C.2.a.(4), and 108.C.2.a.(6).
13. Transfer. The Tenant shall not assign this
Lease, sublet or license the premises or any portion thereof to
any other person. If the Tenant shall do so, this Lease
shall automatically terminate. Notwithstanding the foregoing
and subparagraph 3(1) above, the Tenant may, upon
voluntarily vacating the Premises, transfer his interest in the Lease
to other eligible persons (as defined in section III.A of
the October 30, 1992 Agreement in Principle) who reside on
the Premises at that time, or to children subsequently born to
an eligible person, provided those children reside on the
Premises at the time of transfer. Absence from the Premises
to attend school, work, illness, military service, etc., shall not
be considered in determining whether an individual has lived
on the Premises. In the event of a transfer, the transfer would
not
AmericasUSA
become effective until the transferee(s) agree to continue
to reside on the Premises in accordance with the terms
and conditions of the Lease and executed the Lease as a
new Tenant thereunder. In such event, the new Tenant shall
be entitled to the use and benefit of this Lease for the
remainder of the Lease Term but such event shall not under any
circumstance extend the Lease Term.
14. Surrender. The Tenant will, upon sixty (60) days after termination of this Lease, whether pursuant to paragraph 1 or 3, immediately surrender the Premises and all improvements and fixtures to Landlord and vacate the Hopi Reservation. The Tenant will also remove all items of personal property within those sixty (60) days or they will be deemed forfeited and abandoned. The Tenant may surrender this Lease at any time by means of a written instrument verified by the Tenant before a notary public or before a judge of the Hopi Tribal Court. Any person residing on the Premises who does not vacate the Hopi Reservation within sixty days after termination of this Lease is subject to eviction which will be effected by the Hopi Tribe and the United States.
15. Destruction. If improvements on the Premises shall be damaged or destroyed by reason of fire or other casualty, reconstruction may be undertaken by the Tenant. The Landlord has no responsibility, however, for reconstructing or repairing damaged or destroyed improvements.
16. Waiver. A waiver by the Landlord of one breach of any covenant or agreement herein contained shall not be construed to be a waiver of the covenant or agreement itself or of a subsequent breach thereof. Acquiescence in a default shall not operate as a waiver of such default, even though the acquiescence continues for an extended period of time.
17. Attorneys' fees. If the Landlord employs attorneys because of the violation of any covenant, agreement, or provision of this Lease, the Navajo Nation, on behalf of the Tenant, shall pay the reasonable attorneys' fees and costs if the violation is proven.
18. Notice. Any notice provided for or permitted by this Lease to be given by one party to the other shall be given in writing by registered or certified United States mail, postage prepaid, addressed to the party to be notified at the party's address as set forth below and shall be deemed conclusively to have been given on the date of mailing or upon personal delivery at the address provided below:
Landlord:____________
Tenant:______________
Navajo Nation:_______
United States:_______
19. Future Laws. This Lease shall be subject to all present and future laws, regulations, ordinances, guidelines and restrictions adopted, enacted, or imposed by the Hopi Tribal government. However, any changes to the Comprehensive Land Use Plan which become effective after the date of this Lease shall not reduce or change to the detriment of the Tenant the lease terms set forth herein unless such change is agreed to between the Landlord and the Tenant.
20. Miscellaneous. The captions and headings herein are for convenient reference only and in no way define or limit the scope or content of this Lease or affect its provisions. This Lease embodies the final and entire agreement and understanding between the parties, and supersedes all prior negotiations, agreements, and understandings. Neither the Landlord nor the Tenant nor their agents shall be bound by any terms, conditions, statements, warranties, or representations, oral or written, not herein contained. Any provision of this Lease may be modified, waived, or discharged only by an instrument in writing signed by the party against which enforcement of the modification, waiver, or discharge is sought. Feminine or neuter pronouns shall be substituted for those of the masculine form and the plural shall be substituted for the singular number in any place herein in which the context may so require.
21. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be in original, but all of which shall together constitute one and the same instrument.
22. Construction. Notwithstanding anything herein to the contrary, this Lease shall be governed by and construed in accordance with the laws of the Hopi Tribe.
23. United States. The United States agrees to assist the Hopi Tribe in enforcing and effectuating the provisions of this Lease.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the date first written above.
LANDLORD: The Hopi Tribe
By:___________________________
Chairman, Hopi Tribal Council
TENANT: The Navajo Nation Tribe of Indians, acting by and through the Navajo Tribal Council, accepts and agrees to all terms and conditions or this Lease.
By:___________________________
President, Navajo Nation
The United States accepts and agrees to all terms and conditions of this Lease.
By:___________________________
Fourth World Bulletin • Spring/Summer 1996
Copyright © 1996 by the Fourth World Center
Created by Aigis Communications, Ltd