RESOLUTION 2026.XX DECLINING SINGH LEASE RENEWAL OPTION REQUEST 06 25 26.DOCX
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Resolution No. R2026.87 1 RESOLUTION NO. R2026.87 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, DETERMINING THE OBJECTIVE OF THE LAND LEASE & DEVELOPMENT AGREEMENT WITH SINGH ORGANIC SOILS, LLC IS NOT BEING MET AND DECLINING EXERCISE OF RENEWAL OPTION. WHEREAS; the City has an intergovernmental agreement with the Flood Control District of Maricopa County. (“FCDMC”) for use of certain lands located in or near the Indian Bend Wash in Tempe; and WHEREAS; the City and Singh Organic Soils, LLC (“Singh Organic”) entered into the First Amended and Restated Lease and Agreement to Develop and Operate an Urban Agricultural- Garden Facility in December, 2016 (“the Lease”); and WHEREAS, following an initial start-up period, Singh Organic was required to meet the “Objective” of the Lease by having an urban farm or garden and “some or all” of a list of amenities for public use and enjoyment; and WHEREAS; the Lease contains an initial ten-year term which expires on December 8, 2026, and an option for additional ten-year terms if the Parties agree that Singh Organic is meeting the Objective of the Lease; and WHEREAS; Singh Organic has submitted a notice of its intent to extend the Lease for an additional ten-year term; and WHEREAS, following a public hearing and input from City staff, this Council has determined that Singh Organic is not meeting the Objective of the Lease and it is not in the best interests of the City to extend the Lease beyond December 8, 2026; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, as follows: Section 1: That Singh Organic is not meeting the Objective of the Lease and has failed to do so for several years preceding the request for renewal. Section 2: That Singh Organic should not be granted an extension of the Lease and the City hereby declines to agree to exercise of the option to extend the Lease. Section 3: The City Manager or designee is authorized to execute such further documents and take such further actions as are necessary to carry out the purposes of this Resolution. Resolution No. R2026.87 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, this 25th day of June, 2026. Corey D. Woods, Mayor ATTEST: Kara A. DeArrastia, City Clerk APPROVED AS TO FORM: Eric C. Anderson, City Attorney