LEASE L-7477 RE BOARD OF REGENTS.PDF
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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. 00117634 - 1 Lease L-7477 C-88-19-011-L-00 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. 00117634 - 2 Lease L-7477 C-88-19-011-L-00 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 00117634 - 3 Lease L-7477 C-88-19-011-L-00 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 00117634 - 4 Lease L-7477 C-88-19-011-L-00 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 00117634 - 5 Lease L-7477 C-88-19-011-L-00 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 00117634 - 6 Lease L-7477 C-88-19-011-L-00 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. 00117634 - 7 Lease L-7477 C-88-19-011-L-00 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. 00117634 - 8 Lease L-7477 C-88-19-011-L-00 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. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK 00117634 - 9 Lease L-7477 C-88-19-011-L-00 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 00117634 - 10 Lease L-7477 C-88-19-011-L-00 EXHIBIT A-1 THE PROPERTY 00117634 - 11 Lease L-7477 C-88-19-011-L-00 EXHIBIT A-2 The PREMISES (Greenhouse #2C) 00117634 - 12 Lease L-7477 C-88-19-011-L-00 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’) 00117634 - 13 Lease L-7477 C-88-19-011-L-00 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. 00117634 - 14 Lease L-7477 C-88-19-011-L-00 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 00117634 - 15 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: _________________________________ 00117634 - 16 Lease L-7477 C-88-19-011-L-00 ATTACHMENT 1 TO EXHIBIT D SCOPE OF WORK LESSOR: _____________________ _____________________ LESSEE: _____________________ _____________________ 00117634 - 17