INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-SEVENTH CONGRESS, FIRST SESSION, 1941-1942
Chap. 32  | Chap. 40 | Chap. 41 | Chap. 137 | Chap. 138 | Chap. 139 | Chap. 140 | Chap. 142 | Chap. 259 | Chap. 266 | Chap. 267 | Chap. 268 | Chap. 273 | Chap. 299 | Chap. 301 | Chap. 334 | Chap. 356 | Chap. 368 | Chap. 419 | Chap. 470 | Chap. 472 | Chap. 474 | Chap. 591

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Chapter 301
July 15, 1941 [H. R. 2308] |  [Public Law 177] 55 Stat. 594

AN ACT
To ratify a lease entered into by certain Mission Indians of California.

Margin Notes
Chap. 301 Mission Indians, Calif. Lease of land to Palm Springs, Calif., ratified
Chap. 301 596
Chap. 301 595
Chap. 301 Conditions to ratification.
Chap. 301 597
50 Stat. 811.

Page 138

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a lease bearing date of December 8, 1939, between the Agua Caliente or Palm Springs Band of Mission Indians of California and the city of Palm Springs, California, in the following words, is hereby ratified and confirmed subject, however, to the conditions stated in section 2 hereof:

This indenture of lease executed at Palm Springs, California, as of the 4th day of December, 1939, by and between the Agua Caliente or Palm Springs Band of Mission Indians of California, the party of the first part hereinafter referred to as lessor and the City of Palm Springs, a municipal corporation of the State of California, the party of the second part, hereinafter referred to as lessee, both of said parties being within the County of Riverside, State of California.

Witnesseth, that the lessor hereby leases to the lessee the land and premises in the City of Palm Springs, County of Riverside, State of California, described as Section 18, Township 4 South, Range 5 East of the San Bernardino Base and Meridian, for a term of twenty-five year beginning on the first day of January, 1941, and ending on the 31st day of December, 1965, for the rental for said premises for said term which the lessee agrees to pay to the lessor which shall be ten percent of the gross receipts of the lessee for the use of said premises during said term, it being agreed, however, that the minimum rental which the lessee shall pay the lessor shall be the sum of $640.00 per annum, payable in advance on or before the 31st day of January of each year of the term of this lease, and that during the Month of January, 1942, and the month of January of each year thereafter of said term, the lessee shall furnish to the lessor a sworn statement of the gross receipts received by the lessee for the use of said premises for the preceding year, and on or before the 31st day of said month of January in each said year of the term of this lease the lessee shall pay to the lessor in addition to said sum of $640.00 an amount equal to ten percent of the excess, if any, of said receipts over and above the sum of $6,400.00.

The term gross receipts as used herein for the purpose of calculating the amount of said rental is herein defined as being all sums of money received by the lessee for the use of said premises for the purposes herein specified during each annual period of the term of this lease.

Said demised premises shall be used by the lessee and its sub-lessees for public airport and other uses and purposes.

Upon the termination of this lease by surrender by the lessee or by dispossession of the lessee by the lessor or by any authority superior

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to the lessor, all rent and liabilities of the lessee accruing thereafter shall cease and the lessee may within a period of sixty days remove any and all improvements placed upon said premises during the term of said lease save and except buildings permanently affixed to the land, but, upon failure to remove same within that period, any improvements remaining thereon shall become the property of the Agua Caliente Band of Indians.

It is expressly understood and agreed by and between the parties hereto that the lessor does not assume any responsibility for damage caused, either directly or indirectly, by any operations of the lessee under this contract, and the lessee hereby agrees to hold the lessor harmless for any damage which may result from the operations of the lessee, or of its employees or agents under this lease, whether the acts causing such damage be negligent or otherwise.

The lessee must comply with all State, sanitary, health, and housing regulations.

The lessee agrees that it will not use, or permit to be used any part of the premises for the manufacture, sale, gift, storage, or drinking of intoxicating liquor or beverages, so long as these are prohibited by law upon the demised premises.

This lease may be cancelled by the lessor at the discretion of and with the approval of the Secretary of the Interior for failure of the lessee to comply with any of the terms thereof.

The rental herein required to be paid by the lessee to the lessor for the use of said premises during said term shall be paid to the legally authorized agent of the lessor entitled by law to receive the same and receipt therefor, and such payment shall be a full discharge of the lessee therefor.

It is agreed that the lessee may enter upon said premises immediately upon the lawful ratification and approval hereof, and prior to the beginning of said term for the purpose of improving and preparing said premises for use as an airport.

In witness whereof the parties hereunto have subscribed their names and affixed their seals as of the day first hereinabove mentioned. (Executed in quintuplicate—five copies.)

AGUA CALIENTE OR PALM SPRINGS BAND OF MISSION INDIANS OF CALIFORNIA.
(By) Willie Marcus Belardo, Chairman; Lee Arenas, Vice-Chairman; Lena C. Welmas, Secretary; Juana S. Hatchitt, Member of Council; Clemente Segundo, Member of Council; Carrie Pierce Casero; Francisco Patencio; Viola J. Hatchitt; Frank Morro; John Joseph Andreas; John Joseph Patencio; John Anthony Andreas; Moreno Patencio; Ramon Manuel; Santos Albert Patencio; Eleteria Arenas Nicholson; Marcus J. Pete; Florida Patencio Roxey; Anna J. Pierce; Cecelia Patencio Roxey; Baristo Sol Santiago; Genevieve P. St. Marie; Virginia Patencio Siva; Ramalda Lugo Taylor; Augusta Patencio Torro; Matild Patencio Welmas; Frank Segundo.

CITY OF PALM SPRINGS, CALIFORNIA,
By PHILIP L. BOYD, Mayor.
GUY PINNEY, City Clerk.

I, Clemente Segundo, hereby certify that all the persons named as signers on the lease of the Agua Caliente or Palm Springs Band of Mission Indians for Section 18, Township 4 South, Range 5 East, Riverside County, California, are all duly enrolled and qualified members of said Band; that they have read or had read to them and interpreted to them said lease, made to the city of Palm Springs,

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California; that they have expressed their understanding of the same and desire to have the same approved and put into effect for the mutual benefit of all, both the Indians and white residents of the said City. That the terms were explained and approved by all signers.
Witness my hand this 6th day of December, 1939.

CLEMENTE SEGUNDO.

I, Lena Welmas, hereby certify that I am the Acting Secretary for the Agua Caliente or Palm Springs Band of Mission Indians of California, and Secretary of the Acting Council. That I certify that all the persons named as signers of the foregoing described lease are Indians qualified to sign the same, and that the said lease has been thoroughly discussed, and read, and explained, particularly to those who could not read or understand the English language. Particular care has been exercised to give a thorough explanation to those not understanding the English language. That I have personally seen to giving full explanations as to the same.
Witness my hand and seal this 6th day of December, 1939, at Palm Springs, California.

LENA C. WELMAS.

Approved.
WILLIE MARCUS BELARDO, Chairman.

SEC. 2.

No assignment of the foregoing lease shall become effective until approved by the Secretary of the Interior or his authorized representative, and all revenues payable to the Agua Caliente or Palm Springs Band of Mission Indians under the terms of said lease or any assignment thereof shall be remitted to the superintendent or other officer in charge of the Agua Caliente or Palm Springs reservation, and distributed in per capita payments as authorized by section 2 of the Act of August 25, 1937, Public, Numbered 375, Seventy-fifth Congress.

The construction, maintenance, and operation of any airport on the land covered by said lease shall conform to such requirements as may be prescribed by the Civil Aeronautics Authority.

Approved, July 15, 1941.


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