PRP.10.3.120 Improvements

All leases shall require the lessee to exercise due diligence and best efforts to complete construction of any improvements within the schedule specified in the lease.

(a) Lessee, at lessee's expense or as otherwise provided in the lease, may construct improvements under a lease if the lease specifies, or provides for the development of:

(1) a plan that describes the type and location of any improvements to be built by the lessee;

(2) a general schedule for construction of the improvements; and

(3) a process for changing the schedule by mutual consent of the parties.

(b) The lease shall not allow for any construction or development of improvements unless the lessee has first obtained any required permits or other approvals required under any applicable Tribal law.

(b) Lessee shall provide to the Tribe 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.

(c) When requested by the Tribe or otherwise required in the lease, lessee shall further provide the Tribe, with an updated schedule for construction, in writing.

(d) Failure of the lessee to comply with these requirements shall be deemed a violation the lease and may lead to cancellation of the lease pursuant to PRP.10.5.

(e) At the expiration, termination, or cancelation of the lease term, if permanent improvements were authorized, and permanent improvements remain on the leased premises in a condition satisfactory to the Tribe then the improvements shall become the property of the Tribe unless otherwise provided for in the lease.

(f) If improvements shall be removed, the lease shall specify, unless waived by the Tribe, the maximum time allowed for such removal, the lessee's responsibility for such removal, and the lessee's obligations to restore and reclaim the property to conditions acceptable to the Tribe.

(g) A lessee may develop equity value in the improvements and sell its interest in the lease based on the equity value. The Tribe has a right of first refusal to purchase the interest.

(h) Improvements may be subject to taxation by the Tribe.