“Assignment” means an agreement between a lessee and an assignee whereby the assignee acquires all or some of the lessee’s rights and assumes all or some of the lessee’s obligations under a business site lease.

“Best interest of the tribe” means the balancing of interests in order to attain the highest economic income, to provide incentives to increase economic development, to preserve and enhance the value of tribal trust land, to increase employment and jobs on the tribal trust land, and to preserve the sovereignty of the tribe.

“BIA” means the Bureau of Indian Affairs, United States Department of the Interior.

“Business council” means the duly elected governing body of the tribe pursuant to the Constitution. The business council has the statutory authority to approve or disapprove leasing transactions, which include, but are not limited to: lease issuance, bonds, lease amendment, subleasing, lease assignment or transfer, tenant leases and lease terminations. The business council has the statutory authority to give final approval for all business site leases and has authority to delegate some or all of its statutory authority to tribal agencies on behalf of the tribe.

“Business site lease(s)” means a lease that can be a lease of undeveloped land (ground lease) or land with permanent improvements thereon for uses including, but not limited to, commercial residential development, hotel, retail, office, manufacturing, storage, commercial, industrial biomass, waste-to-energy, solar power, or other business purposes and religious, educational, cultural or other public purposes. A business site lease may authorize the construction of a single-purpose or mixed-use project designed for the use by any number of lessees or occupants.

“Business site lease management plan or policy” means that plan or policy adopted by the business council and carried out by the department, consistent with this chapter, that employs real estate management practices, addresses accounting, collections, enforcement, relief and remedies.

“Cancellation” or “cancel” means the termination of a lease in accordance with the procedure established by Section 22.01.01.230.

“Department” means the Robinson Rancheria environmental department, which is the governmental entity, or its designee, which shall be overseen by the vice chairman of the tribe, that has the statutory authority to perform the day-to-day duties and responsibilities of the lessor on behalf of the tribe. The department shall have all powers necessary and proper to enforce the lease terms, laws, ordinances, regulations, rules, policies, and covenants consistent with the business site leasing management plan or policy.

“Development period” means the time period from when a lease is executed to when improvements are expected to be substantially completed.

“Environmental review process” means the process for conducting tribal environmental review to assess whether a proposed development or project as defined under applicable tribal law, this chapter or other regulations will have a significant effect on the environment.

“Environmental reviewer” means an official from the tribe’s environmental department or as otherwise designated by the business council.

“Executing official” means the vice-chairman of the tribe who shall execute, on behalf of the tribe and with the authorization of the business council, all business site leases of the tribe.

“Fair annual lease value” means the most probable dollar amount a property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement including term, rental adjustment and revaluation, permitted uses, use restrictions, and expense obligations, the lessee and lessor each acting prudently and knowledgeably, and assuming consummation of a lease contract as of a specified date and the passing of the leasehold from lessor to lessee under conditions whereby:

“Gross receipts” means the total amounts an organization received from all sources during its accounting period, subtracting any costs or expenses. A statement of gross receipts must be certified by an accountant using generally accepted accounting principles (“GAAP”).

“Holdover” means circumstances in which a lessee remains in possession of the leased premises after the lease term expires or is terminated and/or cancelled.

“Lease” means a written agreement or contract between the lessor and a lessee whereby the lessee is granted a right to possess tribal trust land for a specified purpose and duration. The lessee’s right to possess will limit the lessor’s right to possess the leased premises only to the extent provided in the lease.

“Leasing decision” in the context of the environmental review process means the following type of lease transactions that will be acted on by the department: lease issuance, lease amendment, subleasing, or lease assignment.

“Lessee” means a person or entity who has acquired a legal right to use and occupy the tribal trust land by a lease pursuant to this chapter.

“Lessor” means the department, on behalf of the tribe, who holds property title and conveys the right to use and occupy the property under a lease.

“LTRO” means the Land Titles and Records Office of the Bureau of Indian Affairs, Department of the Interior.

“Mortgage” means a deed of trust or other instrument that pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee.

“Mortgagee” means the holder of a mortgage.

“Plan for restoration and reclamation” means a plan that defines the reclamation, revegetation, restoration, and soil stabilization requirements for the project area, and requires the expeditious reclamation of construction areas and revegetation of disturbed areas to reduce invasive plant infestation and erosion.

“Significant effect on the environment” means a substantial, or potentially substantial, adverse change in the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas and objects of historic, cultural or aesthetic significance.

“Space lease” means a lease of space within facilities on tribal trust land that is not already leased, but not including subleases.

“Sublease” means a written agreement by which the lessee grants to an individual or entity a right to possession no greater than that held by the lessee under a business site lease.

“Tribal trust land” means all lands of the tribe within the limits of the tribe’s reservation or land over which the tribe exercises governmental authority and that is held in trust by the United States for the benefit of the tribe.

“Tribe” means the Robinson Rancheria. [Ord. 05-31-2018-B § 2(22.02.010), 2018.]