5.10.160 Improvements.
All business site leases shall require the lessee to exercise due diligence and best efforts to complete construction of any improvements within the schedule specified in the business site lease.
(1) Lessee, at lessee’s expense or as otherwise provided in the business site lease, may construct improvements under a business site lease if the lease specifies, or provides for the development of:
(a) A plan that describes the type and location of any improvements to be built by the lessee;
(b) A general schedule for construction of the improvements; and
(c) A plan for restoration and reclamation of the site associated with the removal of permanent improvements, if applicable.
(2) Lessee shall provide the department written justification as to the nature of any delay, the anticipated date of construction of the improvements, and evidence of progress toward commencement of construction.
(3) When requested by the department or otherwise required in the business site lease, lessee shall further provide the department, in writing, an updated schedule for construction.
(4) Failure of the lessee to comply with these requirements will be deemed a violation of the business site lease and may lead to cancellation of the business site lease pursuant to this chapter.
(5) Improvements to the premises shall become the property of the department unless otherwise provided for in the business site lease. If improvements will be removed, the business site lease may specify the maximum time allowed for such removal.
(6) A lessee may develop equity value in the improvements, and sell its interest in the business site lease based on the equity value. The department has a right of first refusal to purchase the interest.
(7) The business site lease may provide that at expiration, cancellation or termination of the business site lease, the lessor shall purchase improvements to the premises at fair market value.
(8) Improvements may be subject to taxation by the tribe. [Ord. 05-31-2018-B § 2(22.03.110), 2018.]