Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-509 - Execution of Leases or Permits; Covenants; Effective Date and Completion of Lease or Permit

Current through Register Vol. 30, No. 28, July 12, 2024
All leases and permits shall be signed by the lessee or
				  permittee as provided by these rules and regulations and by the Commissioner or
				  his Deputy, with the seal of the Department affixed thereto. All leases and
				  permits shall contain such provisions, covenants, conditions and restrictions
				  as may be prescribed by the Commissioner, hereinafter more particularly set
				  forth under each type of lease. The effective date of the lease will be the
				  date of application upon open land, or such other subsequent date as the
				  Commissioner may prescribe. Upon lands previously leased, the date following
				  the expiration date of the lease shall be the effective date; provided, that
				  where the lands under lease have been reclassified, the effective date of the
				  lease shall bear the date of such reclassification, if no appeal from
				  reclassification is taken or if the Commissioner's decision is upheld if so
				  appealed, or such other subsequent date as the Commissioner may
				  prescribe.
Upon approval of the application to lease or permit and an
				  appraisal or fixing of the rental value thereof, a lease or permit in duplicate
				  will be mailed to the lessee or permittee, which lease or permit shall be
				  signed in duplicate by the lessee or the permittee in the manner prescribed by
				  these rules and regulations. Insert sheets which, when required, described the
				  land being leased or for which permit is issued are a part of the lease or
				  permit and shall be signed in the same manner as the lease or permit. A
				  statement of the rental due and the permit or lease issuance fee will accompany
				  the transmittal of the lease or permit. Upon the lease and permit and insert
				  sheets, when required, being signed, they are to be returned to the
				  Commissioner with the rental payment and lease or permit issuance fee in
				  accordance with the statement rendered. When the lease or permit and insert
				  sheets, when required, are received by the Commissioner, the same will be
				  executed by the Commissioner as above provided and entered upon the records of
				  the Commissioner. After execution by the Commissioner, one copy of the lease or
				  permit, including the insert sheets when required, will be returned to the
				  lessee or permittee with a receipt for the payment of rental.
If the lease, permit and insert sheets, when required, are
				  not executed by the lessee or permittee and returned to the Commissioner,
				  together with the payment of the rental as indicated by the statement therefor
				  forwarded with such instruments, within 60 days from the date of mailing by the
				  Commissioner, the lease or permit will be declared to be null and void and of
				  no force and effect, and the land will become open and available for leasing by
				  other persons. Provided, however, that should the applicant object to the
				  appraised rental value, he may appeal from said appraisement as provided by law
				  and the rules and regulations of the Department to the Board of Appeals of the
				  State Land Department without prejudice to his rights to the offered lease or
				  permit.