LEASE L-7477 RE BOARD OF REGENTS.PDF

Maricopa County — Formal (2019-06-26)

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Lease L-7477
C-88-19-011-L-00
FARM LEASE
This Farm Lease (the "Lease") is entered into by and between the Arizona Board of Regents, a
body corporate, for and on behalf of the University of Arizona (“Lessor”) and Maricopa County, political
subdivision of the State of Arizona, (“Lessee”), (individually a “Party” or collectively the “Parties”).
RECITALS
A. Lessor owns the real property known as the Maricopa Agricultural Center (“MAC” or
the “Property”), located at 37860 W. Smith-Enke Road, Maricopa, Arizona and shown on Exhibit A-1,
attached hereto and by this reference made a part hereof.
B. Lessor and Lessee were parties to that certain agreement, Product Testing & Facility Use
Agreement (C-88-10-016-3-00) that related to the subject matter of this Lease from May 15, 2010 to
December 31, 2012 and subsequent amendments and now desire to enter into this Lease.
C. Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, a portion of
the aforementioned real property on the terms and conditions stated herein.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual covenants herein, and other good and
valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties hereto
hereby mutually covenant, promise, and agree as follows:
1. Premises. Lessor leases to Lessee that Greenhouse #2C consisting of approximately 720
square feet located at MAC (the “Premises”) as shown on Exhibit A-2, attached hereto and by this
reference made a part hereof, as well as the right to access and cross over existing roads on the Property.
2. Term. The term of this Lease will commence retroactively as of June 1, 2019
(“Commencement Date”) and expire on May 31, 2024 (the "Term") unless sooner terminated in
accordance with the provisions of this Section 2, Sections 33 or 34. Either Party may terminate this
Lease with 180-day written notice to the other Party.
3. Rent. Lessee will pay costs for all farm operations which includes equipment, labor,
supplies, and irrigation (the “Rent). Rent shall be the annual fee of $4,800; paid in quarterly payments
of $1,200 on January 2, April 1, July 1 and October 1, except the first prorated quarterly payment of
Rent that is due upon the execution of this Lease. Failure to pay Rent on or before the quarterly due
dates, shall constitute a default, as defined in Section 11.1, by Lessee subject to all legal remedies of the
Lessor. In the event Lessor terminates this Lease during the Term hereof, provided Lessee is not in
default, the Rent payment heretofore made by Lessee shall be prorated on the number of days remaining
in the final quarter, two quarters or three quarters, as the case may be, of occupancy. Lessor shall refund
the prorated amount to Lessee within 30 days after termination.
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4. Use of the Premises. The Premises shall be used exclusively for purposes of breeding
Gambusia fish for vector control in Maricopa County (the “Permitted Use”), as more fully described on
Exhibit “B”, attached hereto and by this reference made a part hereof. Lessee’s methods and materials
for utilizing the Premises, including a list of all chemicals used to comply with regulatory requirements,
and as approved by the Farm Manager of MAC, or some other employee of the Lessor as designated by
the University of Arizona, Director of Experiment Stations, is set out in Exhibit C, attached hereto and
by this reference made a part hereof. Upon full execution of the Lease, Lessor covenants that Lessee
shall have the peaceful and quiet enjoyment of the Premises consistent with the provisions of this Lease.
Lessee will repair the infrastructure within the Premises, if damaged by Lessee, and return the Premises
to its original condition upon termination of the Lease at Lessee’s sole expense, normal wear and tear
excepted. Lessee’s use of the Premises will be in accordance with all applicable laws and ordinances
pertaining to Lessee's Permitted Use. Lessee agrees to obtain all necessary permits and licenses from
the appropriate jurisdiction to lawfully conduct its Permitted Use on the Premises. This Lease is subject
to all applicable restrictions and all limitations of record, MAC policies (see Exhibit “B”), and is subject
to any and all easements of record.
5. Condition of Premises. Lessee accepts the Premises, after thoroughly examining said
Premises, “AS IS” and without any representation by or on behalf of the Lessor, without any warranties,
expressed or implied, and agrees that Lessor shall in no way be liable for any defects in Lessor’s
ownership of the Premises or the fitness of the Property for Lessee’s Permitted Use of the Premises
existing as of the Commencement Date.
6. Task Orders. Lessee may, from time to time, in writing request labor and/or machinery
assistance of Lessor in substantially the same form as Exhibit “D,” TASK ORDER UNDER FARM
LEASE” (the “Task Order”), which is attached hereto and made a part hereof. Under no circumstance
should a Task Order be issued or approved which has an end date later than the Lease Term expiration.
7. Lessee Obligations for Farm Practices, Payment of Fines and Assessment of Property
Taxes. Lessee shall furnish any labor outside of that which is agreed upon in Exhibit B and will pay all
farm operation costs pertaining to the Permitted Use. Lessee shall be responsible for payment of any
fines or penalties resulting from violation or non-compliance with government farm programs that result
from Lessee’s farming practices and management during the Term. Lessee must ensure compliance
with Pinal County Department of Environmental Quality dust control regulations as indicated at:
http://pinalcountyaz.gov/AirQuality/Dust/Pages/home.aspx. Lessee shall be responsible for any lawful
assessment against Lessee’s personal property and the Premises, to the extent it is the result of Lessee’s
or Lessee’s contractor’s, subcontractors, agent’s, invitee’s, employee’s or guest’s activities.
8. Indemnification and Insurance. Each Party (as “indemnitor”) agrees to indemnify,
defend and hold harmless the other Party (as “indemnitee”) from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as
“claims”) arising out of bodily injury of any person (including death) or property damage, but only to
the extent that such claims are caused by the willful misconduct or gross negligence of the indemnitor,
its officers, officials, agents employees, or volunteers. Lessor acknowledges that Lessee is self-insured.
Lessee shall obtain and require contractors and subcontractors to obtain insurance of the types and in
the amounts described below.
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A) Commercial General and Umbrella Liability Insurance. Maintain commercial general liability
(CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each
occurrence and in the aggregate. If such CGL insurance contains a general aggregate limit, it shall apply
separately to the Premises and shall not be less than $2,000,000. CGL insurance shall be written on
standard ISO occurrence form (or a substitute form providing equivalent coverage) and shall cover
liability arising from the Premises, operations, independent contractors, products-completed operations,
personal injury and advertising injury, and liability assumed under an insured contract including the tort
liability of another assumed in a business contract.
B) Commercial Auto Insurance. Maintain a Commercial Auto policy with a Combined Single Limit of
$1,000,000; Underinsured and Uninsured Motorists limit of $1,000,000; Comprehensive; Collision; and
a Medical Payments limit of $10,000. Coverage shall include Non-Owned and Hired Car coverage.
C) Personal property. Purchase insurance to cover personal property. In no event shall Lessor be liable
for any damage to or loss of personal property sustained by Lessee (or contractor or subcontractor),
whether or not insured, even if such loss is caused by the negligence of Lessor, its employees, officers
or agents.
D) Workers’ Compensation. Maintain all statutorily required coverages including Employer’s Liability.
9. Hazardous Materials.
(a) As used herein, the term "Hazardous Materials" shall mean any substance or material
that has been determined by any state, federal or local governmental authority to be capable of posing a
risk of injury to health, safety or property, including all of those materials and substances designated as
hazardous or toxic by the U.S. Environmental Protection Agency, the Consumer Product Safety
Commission, the U.S. Food and Drug Administration, the department of environmental quality or similar
government agencies of the state, county, or municipality where the Premises is located, or any other
governmental agency now or hereafter authorized to regulate materials and substances in the environment.
(b) Except for materials reasonably and customarily required in connection with the
Permitted Use which are used, stored and disposed of in compliance with all applicable federal, state and
local laws, rules and regulations and in quantities not in excess of those reasonably necessary to conduct
the Permitted Use, Lessee agrees not to introduce any Hazardous Materials in, on or adjacent to the
Premises without (i) obtaining Lessor’s prior written approval, (ii) providing Lessor with 30 days prior
written notice of the exact amount, nature, and manner of intended use of such Hazardous Materials, and
(iii) complying with all applicable federal, state and local laws, rules, regulations, policies and authorities
relating to the storage, use, disposal and clean-up of Hazardous Materials, including, but not limited to,
the obtaining of all proper permits. Notwithstanding, Lessee shall not apply 2-4D herbicide or any other
herbicides within the Property that are high risk for drift. Lessee will provide notice to the Lessor of any
aerial pesticide application and complete 1080 form.
(c) Lessee shall immediately notify Lessor of any inquiry, test, investigation, or
enforcement proceeding by, against or directed against Lessee or the Premises concerning Hazardous
Materials. Lessee acknowledges that Lessor, as the owner of the Premises, shall have the right, at its
election, in its own name or as Lessee’s agent, after due notice to Lessee to initiate a cure within a
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commercially reasonable period of time, to negotiate, defend, approve, and appeal, at Lessee’s expense,
any action taken or order issued by any applicable governmental authority with regard to Hazardous
Materials used, stored, disposed of or released on or from the Premises by Lessee or its agents, employees,
contractors or invitees.
(d) If Lessee’s storage, use, disposal or release of any Hazardous Materials in, on or
adjacent to the Premises results in any contamination of the Premises and Property, the soil, surface or
groundwater thereunder or the air above and around the Premises (i) requiring remediation under federal,
state or local statutes, ordinances, regulations or policies, or (ii) at levels that are unacceptable to Lessor,
in Lessor’s sole and absolute discretion, Lessee agrees to clean-up the contamination immediately, at
Lessee’s sole cost and expense. Lessee further agrees to indemnify, defend and hold Lessor harmless from
and against any claims, suits, causes of action, costs, damages, loss and fees, including reasonable
attorneys’ fees and costs, arising out of or in connection with (i) any clean-up work, inquiry or enforcement
proceeding relating to Hazardous Materials currently or hereafter used, stored, disposed of or released by
Lessee or its agents, employees, contractors, sub-Lessees or invitees on or about the Premises, and (ii) the
use, storage, disposal or release by Lessee or its agents, employees, contractors, sub-lessees or invitees of
any Hazardous Materials on or about the Premises and Property.
(e) Notwithstanding any other right of entry granted to Lessor under this Lease, Lessor
shall have the right to enter the Premises or to have consultants enter the Premises throughout the Term at
reasonable times for the purpose of determining: (1) whether the Premises are in conformity with federal,
state and local statutes, regulations, ordinances and policies, including those pertaining to the
environmental condition of the Premises and Property; (2) whether Lessee has complied with this Section
9; and (3) the corrective measures, if any, required of Lessee to ensure the safe use, storage and disposal
of Hazardous Materials. Lessee agrees to provide access and reasonable assistance for such inspections.
Such inspections may include, but are not limited to, entering the Premises with machinery for the purpose
of obtaining laboratory samples. Lessor shall not be limited in the number of such inspections during the
Term. If, during such inspections, it is found that Lessee’s use, storage, disposal or release of Hazardous
Materials constitutes a violation of this Lease, in addition to any other remedies available to Lessor by
reason of such violation, Lessee shall reimburse Lessor for the reasonable cost of such inspections within
10 days of receipt of a written statement therefor. If such consultants determine that the Premises and
Property are contaminated with Hazardous Materials or in violation of any applicable environmental law
by reason of the use, storage, disposal or release of such by Lessee or its agents, employees, contractors
or invitees, Lessee shall, in a timely manner, at its expense, remove such Hazardous Materials or otherwise
comply with the recommendations of such consultants to the reasonable satisfaction of Lessor and any
applicable governmental agencies. If Lessee fails to do so, Lessor, at its sole discretion, may, in addition
to all other remedies available to Lessor under this Lease and at law and in equity, cause the violation
and/or contamination to be remedied at Lessee’s sole cost and expense. The right granted to Lessor herein
to inspect the Premises shall not create a duty on Lessor’s part to inspect the Premises and Property, or
liability of Lessor for Lessee’s use, storage or disposal of Hazardous Materials, it being understood that
Lessee shall be solely responsible for all liability in connection therewith.
(f) Lessee shall surrender the Premises to Lessor upon the expiration or earlier
termination of this Lease free of Hazardous Materials used, stored, disposed of or released on or from the
Premises by Lessee or its agents, employees, contractors, sub-lessees or invitees and in a condition which
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complies with all governmental statutes, ordinances, regulations and policies, recommendations of
consultants hired by Lessor, and such other reasonable requirements as may be imposed by Lessor.
(g) Lessee’s obligations under this Section 9 and all indemnification obligations of
Lessee under this Lease shall survive the expiration or earlier termination of this Lease.
10. Notice. Any notice under this Lease shall be in writing and be delivered in person or by
public or private courier service (including US Postal Service Express Mail and Federal Express) or
certified mail, return receipt requested. All notices shall be addressed to the Parties at the following
addresses.
If to Lessee: Maricopa County Environmental Services
Attn: Vector Control
3220 W. Gibson Lane, Suite 500, Bldg. 1513
Phoenix, AZ 85009
With a copy to: Maricopa County Real Estate Dept.
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
If to Lessor: Planning, Design & Construction-Real Estate
The University of Arizona
PO Box 210300
Tucson, Arizona 85721
Fax: 520-621-3056
Copy to: College of Agricultural and Life Sciences
The University of Arizona
Attn: Jeffrey Ratje, Treasurer, Arizona Experiment Station
PO Box 210036
Tucson AZ 85721
Office of the General Counsel
The University of Arizona
103 Administration Building
PO Box 210066
Tucson, Arizona 85721
Fax: 520-621-9001
Payments: The University of Arizona
Maricopa Agricultural Center
37860 W. Smith-Enke Rd.
Maricopa, AZ 85138-3010
Phone: (520) 374-6204
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Either Party hereto may, by proper notice to the other in accordance with this Section 10, designate any
other address for the giving of notice. Any notice shall be deemed to have been given on (a) actual
delivery, return or refusal, (b) the day of mailing by certified mail.
11. Default.
11.1 Lessee Events of Default. In addition to any other default provision contained in
this Lease, the occurrence of any of the following events shall constitute an Event of Default on the part
of the Lessee:
(a) Failure to pay any monies due and payable hereunder within (30)
days of the due date.
(b) Default in the performance of any of Lessee's covenants,
agreements or obligations hereunder;
(c) (i) The making by Lessee of any general assignment or
general arrangement for the benefit of creditors; (ii) the filing by or
against Lessee of a petition to have Lessee adjudged a bankrupt or
a petition for reorganization or arrangement under any law relating
to bankruptcy (unless, in the case of a petition filed against
Lessee, the same is dismissed within 60 days); (iii) the
appointment of a trustee or receiver to take possession of
substantially all of Lessee’s assets located on the Premises or of
Lessee’s interest in this Lease, where possession is not restored to
Lessee within 30 days; or (iv) the attachment, execution, or other
judicial seizure of substantially all of Lessee’s assets located at the
Premises or of Lessee’s interest in this Lease, where such seizure
is not discharged within 30 days.
11.2 Lessee's Right to Cure. Except for Section 11.1(a), Lessee shall have a period of
thirty (30) days from the date of receipt of written notice from Lessor to Lessee, or such additional
period of time thereafter as Lessor and Lessee may agree in writing and may be reasonably necessary
under the circumstances to cure such default if Lessee commences to cure such default within said thirty
(30) day period and thereafter diligently proceeds to cure such default but in no event longer than 90
days.
11.3 Lessor's Re-entry Upon Default. Upon any uncured default of this Lease by
Lessee, Lessor, besides all other rights or remedies it may have, at its sole option, may enter the
Premises, in compliance with applicable law, and expel, remove or put out Lessee, except that Lessee
will have the right to remove all personal property from the Premises. Upon re-entry for uncured default,
Lessor may plant, cultivate, harvest or otherwise utilize the Premises at Lessor’s sole discretion.
However, Lessee remains liable for any deficiency payable or due to Lessor at the time of default. In
the case of any default, all delinquent expenses as the non-defaulting Party may incur for attorneys’ fees,
expenses and/ or putting the Premises in same order and repair as it was on Commencement Date, normal
wear and tear excepted, shall be immediately due and payable by the defaulting Party. Lessor may
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undertake repairs in an emergency or to prevent further damage to the Premises without delivery of
notice. In addition, Lessor and Lessee shall have all rights and remedies available at law and in equity
for any default under this Lease.
12. Vacating the Premises. Lessee specifically agrees to vacate the Premises and return the
possession of the same, in the condition required herein, to Lessor, on or before expiration of the Term
of this Lease. On or before the expiration of Term, Lessee shall remove all equipment and personal
property on the Premises and return the Premises to the farmable state that the Premises was in at the
beginning of the Term, ordinary wear and tear excepted. If Lessee fails to remove any equipment and
personal property, the same shall be deemed abandoned and Lessor will be reimbursed for the cost of
removal.
13. Damage by Fire or Other Casualty. Lessor will not carry insurance of any kind on
equipment owned by Lessee, and Lessor shall not be obligated to repair any damage thereto or replace
the same.
14. Condemnation. If any material portion of the Premises and Property is taken by eminent
domain or action in lieu thereof, this Lease shall expire on the date when the Property shall be so taken
and possession thereof delivered over to the condemning authority and any condemnation proceeds shall
first be used to pay off any and all encumbrances on the Property with any remaining proceeds to be
payable to Lessor.
15. Animals. Lessee promises not to keep or have any animals except for Gambusia fish on
or about the Premises and Property without the prior written consent of Lessor, in Lessor’s absolute
discretion.
16. Liens. Lessee shall indemnify and hold Lessor harmless from and against any liens filed
against the Property which liens are attributable to Lessee’s use or occupancy. Further, Lessee shall
indemnify and hold Lessor harmless from and against any actions brought to endorse any such liens and
for any attorneys' fees, costs, judgment, appeals or any other expenses incurred by Lessor relevant to the
defense of any such liens or actions.
17. Signs. Upon Lessor’s written approval of Lessee’s written request and description, which
approval may be withheld at the sole and absolute discretion of the Lessor, Lessee may display or erect
signs or other such display on the Premises and Property.
18. No Waiver. A waiver of any breach or default under this Lease shall not be construed to
be a waiver of any succeeding breach or default.
19. Written Modifications. No modification, release, discharge, or waiver of any provisions
hereof shall be of any force, effect or value unless in writing signed by both Parties.
20. No Partnership. It is expressly understood and acknowledged that Lessor does not, in
any way or for any purpose, become a partner of Lessee in the conduct of its business, or otherwise, or
a joint venture or a member of a joint enterprise with Lessee, and that the relationship of Lessor and
Lessee hereunder is strictly that of landlord and tenant.
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21. Successors. This Lease and all terms and conditions hereof shall be binding upon and
shall inure to the benefit of all authorized heirs, successors in interest or assignees of either Party hereto.
22. Time of Essence. Time is hereby expressly declared to be of the essence of each and
every covenant, term, condition and provision of this Lease.
23. Governing Law. This Lease shall be governed by, construed, and enforced in
accordance with the laws of the state of Arizona, and venue for any action relating to this Lease shall be
Pima County, Arizona.
24. Additional Acts. The Parties hereto agree to execute and deliver any documents or
instruments and to take any and all actions reasonably necessary to carry out any agreement, term or
condition of this Lease, whenever the occasion may arise and request for such action shall be made.
25. Attorney's Fees. If any Party brings an action to enforce the terms hereof or to declare
rights hereunder, the prevailing Party in any such action, on trial and appeal, shall be entitled to recover
reasonable attorney’s fees and costs from the non-prevailing Party.
26. Entire Agreement. This Lease and its Exhibits represent all the transactions
contemplated by the Parties hereto. It is understood and agreed by the Parties that there are no verbal
promises or implied promises, agreements, stipulations or other representations of any kind or character
pertaining to the Premises and Property between them other than as set forth in this Lease.
27. Sublease and Assignment. Lessee may only sublease the Premises or assign this Lease
with the prior written consent of Lessor, which consent may be withheld for any reason or no reason.
28. Captions. The Captions inserted in this Lease are for convenience only and do not define,
limit or otherwise describe the scope or intent of this Lease or any provision hereof nor affect the
interpretation of this Lease.
29. Other Obligations. Lessee shall follow and comply with all applicable rules and
regulations of the University and the reasonable instructions of Lessor’s personnel. Said rules and
regulations may be found at http://policy.arizona.edu/.
30. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore,
governmental restrictions, governmental regulations, governmental controls, enemy or hostile
governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable
control of the Party obligated to perform (except for financial ability), shall excuse the performance,
except for the payment of money, by such Party for a period equal to any such prevention, delay or
stoppage.
31. Non-Use of Names and Trademarks. No Party to this Lease shall, without express
written consent in each case, use any name, trade name, trademark, or other designation of any other
party hereto (including contraction, abbreviation, or simulation) in advertising, publicity, promotional,
or similar activities or context.
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32. Non-Discrimination. The Parties shall comply with all applicable state and federal
statutes and regulations governing Equal Employment Opportunity, Non-Discrimination, and
Immigration.
33. Appropriation of Funds. The Parties recognize that performance by Lessor depends upon
appropriation of funds by the State Legislature of Arizona. If the Legislature fails to appropriate the
necessary funds, or if the Lessor’s appropriation is reduced during the fiscal year, Lessor may reduce
the scope of this Lease if appropriate or cancel this Lease without further duty or obligation. Lessor
agrees to notify Lessee as soon as reasonably possible after Lessor knows of the loss of funds. This
Lease may be terminated by Lessee, at the end of any fiscal year due to non-appropriation of funds
without any penalty or liability to Lessee. Lessee agrees to notify Lessor as soon as reasonably possible
after Lessee knows of the loss of funds. County and State fiscal years end June 30, Federal fiscal year
ends September 30. Lessor and Lessee and/or any of its employees, agents, officers, directors, members,
successors or assigns hereby waives any and all rights to bring any claim against Lessee or Lessor or its
respective employees, agents, officers, directors, members, successors or assigns from or relating in any
way to Lessee’s or Lessor’s termination of this Lease pursuant to these Sections 33 and 34.
34. Conflict of Interest. This Lease is subject to the provisions of A.R.S. §38-511. Lessor or
Lessee may cancel this Lease if any person significantly involved in negotiating, drafting, securing or
obtaining this Lease for or on behalf of the Lessor or Lessee becomes an employee in any capacity of
any other party or a consultant to Lessee or Lessor with reference to the subject matter of this Lease
while the Lease or any extension thereof is in effect.
35. Delegation of Authority. Since this Lease will require administrative action, including
execution of documents, from time to time to carry out the intent of the Lease, the Deputy County
Manager for Maricopa County, the Environmental Services Director for Maricopa County, or their
designee and the Real Estate Director for Maricopa County are hereby given the authority and charged
with the responsibility for proper administration of this Lease, whether or not specific authority is
granted in any provision of this Lease.
36. Recitals. The Recitals set forth herein are hereby incorporated into this Lease.
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IN WITNESS WHEREOF, the Parties have fully executed this LEASE as of the last date written below.
LESSOR: Arizona Board of Regents for and on behalf of the
University of Arizona
By: _______________________________________
Bruce M. Vaughan, Director, Real Estate
Planning, Design & Construction
Date: _____________________________________
LESSEE: Maricopa County
_____________________________________________
Bill Gates, Chairman of the Board of Supervisors
ATTEST:
_____________________________________________
Clerk of the Board Date
APPROVED as to FORM:
_____________________________________________
Deputy County Attorney Date
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EXHIBIT A-1
THE PROPERTY
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Lease L-7477
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EXHIBIT A-2
The PREMISES
(Greenhouse #2C)
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EXHIBIT B
PERMITTED USE
AND
EACH PARTY’S RESPONSIBILITIES
LESSOR agrees to lease PREMISES (Greenhouse #2C) to LESSEE for growing Gambusia. LESSEE
will provide all equipment, labor, and feed to raise and harvest the fish. In addition, the Parties both
agree to the following respective responsibilities:
LESSOR:
 Lease Greenhouse #2C to Lessee
 Greenhouse #2C is available for use 24 hours a day/7 days a week/365 days a year.
 Provide regular maintenance & repair on the building and the systems within the greenhouse.
LESSEE:
 Keep the Premises free of weeds and trash.
 If watering system sprays on doors, posts, or controls protection needs to be in place (plastic
sheeting or similar).
 Report any problems with wet wall, heater, exhaust fans, and roof vent controls or equipment
for reasonable repairs.
 Provide all the people and equipment needed to grow and harvest Gambusia fish.
 Provide and maintain fish pond equipment.
MAC Policies
1. Responsible for keeping greenhouse free of weeds.
2. Responsible for providing and installing their own irrigation system and components.
3. If watering system sprays water on door, posts, or controls protection needs to be in place from
overspray. (plastic sheeting or similar)
4. Report any problems ie. Controls or equipment
5. There will be an extra charge to cover extra utilities if used, excessive heating or cooling or extra
lighting etc..
6. All plant material will be disposed of in the compost or burn pit and not in the municipal trash.
7. Regular greenhouse ( 24’ x 30’)
8. Larger greenhouse ( 30’ x 97’)
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EXHIBIT C
Methods and Materials & List of Chemicals
Gambusia fish bear live young. We will provide and maintain areas for the newborn fish to hide and
grow. Vector control staff will feed fish weekly. Fish will be harvested, as needed, for use in our vector
control activities.
Materials : Fish food, nets, plumbing and pumps for water circulation and aeration.
Chemicals: Algaecide - “GreenClean Pro” Active ingredient Sodium Carbonate Peroxyhydrate is used
as needed to control algae in the tanks.
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EXHIBIT D
TASK ORDER UNDER FARM LEASE
BETWEEN UNIVERSITY OF ARIZONA (“LESSOR”) AND MARICOPA COUNTY
ENVIRONMENTAL SERVICES (“LESSEE”), DATED ____________
CALS Accession Number: _____________________
Project Title: Vector Control with Gambusia
Principal Investigator: Vince Thacker or Designee
Summary Description of Task: _______________________________________________________
Period of Performance for Task. Start Date: _____________ End Date: _____________
Funding For Task: Lessor will provide services to Lessee for a sum of $__________ per
_______________.
Payment by Lessee shall be made within 30 days of receipt of invoice from Lessor. Checks shall be
made payable only to The University of Arizona, and shall identify this Lease or a Lessor invoice.
Checks should NOT be made payable to or identify individuals. Payments shall be sent to the following
address:
If sent by US Mail or overnight delivery service:
The University of Arizona
Maricopa Agricultural Center
37860 W. Smith-Enke Rd.
Maricopa, AZ 85138-3010
Phone: (520) 374-6204
SIGNATURES ON THE FOLLOWING PAGE
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Lease L-7477
C-88-19-011-L-00
LESSEE LESSOR
By: ______________________________ By: _____________________________
Name: ___________________________ Name: ___________________________
Title: ____________________________ Title: ____________________________
Date: ____________________________ Date: ____________________________
Email: ___________________________ Email: ___________________________
Phone: ___________________________ Phone: ___________________________
AGRICULTURAL CENTER DIRECTOR
ACKNOWLEDGEMENT
By: __________________________________
Name: ________________________________
Title: _________________________________
Date: _________________________________
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Lease L-7477
C-88-19-011-L-00
ATTACHMENT 1 TO EXHIBIT D
SCOPE OF WORK
LESSOR:
 _____________________
 _____________________
LESSEE:
 _____________________
 _____________________
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