Summary Sheet- RFCA SUMMARY

CITY OF TEMPE
Meeting Date: 6/25/2026  
REQUEST FOR COUNCIL ACTION
Agenda Item: 7C16
ACTION:  Adopt a resolution determining that the objective of the Land Lease & Development 
Agreement With Singh Organic Soils, LLC is not being met and declining the Exercise Of Renewal 
Option. If adopted, this action will clarify and affirm the City’s position that the Land Lease & 
Development Agreement for Urban Agricultural & Garden Facility between the City of Tempe and Singh 
Organic Soils, LLC (“Singh Organic”) will expire at the end of its current term on December 8, 2026, 
based upon the parties not being in agreement that the Lease Objective is being achieved. (Resolution 
No. R2026.87)
FISCAL IMPACT:  Initially, there may be a loss of the City’s share of annual rent for the Lease. 
However, City Staff anticipate that a new tenant can be obtained within a reasonable time at the same 
or higher lease rate.
RECOMMENDATION:  Adopt Resolution No. R2026.87.
 
BACKGROUND INFORMATION:  Beginning with the amendment and restatement in 2016, the Land 
Lease & Development Agreement for Urban Agricultural & Garden Facility Lease afforded Singh Organic 
an initial three-year start-up for the Project to meet the Lease’s “Objective.” As defined in the Lease, the 
Objective included operating an urban garden/farm open to the public at least eighteen hours a week 
for eight months each year. In addition, Singh Organic was expected to provide “all or some” of a 
recreational-themed, all-natural and sustainable urban farm/garden and event space with associated 
activities such as a farmers’ market, special events, organic products and locally sourced merchandise, 
tours, and educational, teaching, and research programming.
As it currently stands, the only regular, verifiable activity at the property is that Singh Organic is open a 
few hours a week for customers to purchase mulch. Accordingly, Singh Organic has not met the 
Objective established in the Lease and is not making a good faith effort to do so. Accordingly, Singh 
Organic is not in a legally supportable position to exercise the renewal option and the City should 
formally decline any attempt by Singh Organic to do so. If no renewal is approved, the Lease will expire 
at the end of its current term on December 8, 2026.
ATTACHMENTS:    
1. RESOLUTION 2026.XX DECLINING SINGH LEASE RENEWAL OPTION REQUEST 06 25 
26.DOCX
2. LEASE - 2016 AMENDMENT C2014-88A.PDF
STAFF CONTACT(S):  Eric Anderson, City Attorney, (480) 350-8227
Department Director:  Eric Anderson, City Attorney  
Legal review by:  Eric Anderson, City Attorney
Prepared by:  Jenny Armstrong, Administrative Supervisor