Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 7 - SPECIAL LEASING PROVISIONS › Section R12-5-703 - Commercial Leases

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope of
				commercial leasing rules. An applicant for a commercial lease shall be subject
				to the general leasing rules enumerated, supra. Such applicant shall also be
				subject to the commercial leasing rules set out, infra. In a commercial leasing
				situation where the general leasing rules and the commercial leasing rules
				conflict, the latter rules shall be controlling.
B. Lands subject to commercial lease. All
				state lands classified as suitable for commercial purposes are subject to a
				commercial lease. Unless it is deemed to be for the best interests of the
				state, it is not the policy of the State Land Department to allow and issue
				commercial leases which will seriously interfere with, damage, or break up
				operations of an established ranch or farm unit. There is no limit to the
				amount of commercial land that may be leased to any one individual,
				corporation, partnership or association.
C. Term of commercial lease. State lands
				suitable for commercial purposes may be leased for a period of not more than
				ten years without advertising, or subject to such lesser term as may be
				established by the Commissioner if he deems such lesser term to be in the best
				interests of the state.
D.
				Applications to lease state lands not classified as commercial. Applications to
				lease lands not classified as commercial shall be accompanied by a petition for
				reclassification as provided by the general leasing rules.
E. Application for commercial lease;
				application for commercial lease renewal. All applications for commercial
				leases and all applications for renewal of commercial leases shall be made on
				such form or forms as may from time to time be prescribed by the Commissioner
				and provided by the Commissioner. A commercial lease before the time of
				execution or renewal will be subject to the provisions and supplemental
				conditions and restrictions as may be added thereto and the provisions of law
				and these rules.
F. Additional
				conditions for commercial leases.
1. Unless
				otherwise directed by the Commissioner in writing, the lessee shall:
a. Notify the Commissioner in writing as to
				the number of any license issued by the state Tax Commission of Arizona to the
				lessee, any sublessee, any concessionaire or any assignee; such notice shall
				also include the exact name in which license is issued.
b. Keep and maintain an accounting system
				satisfactory to the Commissioner.
c. Allow access to accounting records during
				business hours where the same are kept for the purpose of inspecting and
				auditing the same.
d. File with the
				Commissioner, if requested by the Commissioner, a statement of the total gross
				sales made for the period specified. Unless otherwise directed by the
				Commissioner, this report may be made by filing with the Commissioner the
				requested information on the form used by the state Tax Commission.
e. Acquire consent in writing from the
				Commissioner for any improvements made on the site.
f. Acquire consent in writing for moving
				buildings from other premises onto the leased premises. All buildings and
				structures shall be of acceptable construction.
g. Keep any gas, electric, power, telephone,
				water, sewer, cable television and other utility or service lines under ground
				unless prohibited by law.
h. File
				with the Commissioner, prior to the approval of any application to place
				improvements, plans and specifications showing the nature, location, cost,
				quality of proposed material, size, area, height, color, shape and design of
				the proposed improvements. The Commissioner may also require a perimeter survey
				of the leased premises upon which shall be shown the location of the completed
				improvements. The lessee shall also submit grading plans.