Instructions for "Commercial Lease" - Arizona

This document was released by Arizona State Land Department and contains the most recent official instructions for Commercial Lease.

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COMMERCIAL LEASE INSTRUCTIONS
(Please read all instructions carefully before filing an application.)
ATTENTION
Prior to filing a new application for a Commercial Lease, the State Land Department encourages you to
contact the Department’s Sales and Commercial Leasing Section at (602) 542-3000, to schedule a pre-
application conference with a Commercial Lease Administrator, to address questions or concerns
regarding the land you wish to lease, prior to the expenditure of the NON-REFUNDABLE filing fee.
NOTE: A preliminary conference is suggested but not required to submit an application.
NON-REFUNDABLE FILING FEE must be submitted with your application:
NOTICE: If you are filing a renewal application and you fail to file the application prior to the lease
expiration date, you forfeit any renewal rights you may have. You will be required to file a NEW
application and pay the NEW filing fee if you wish to reapply to lease the property. Failure to complete
the entire lease application (including environmental questionnaire) and/or failure to provide adequate
information as requested may result in rejection of the application. Filing of this application does not in
any way obligate the Arizona State Land Department to approve the application.
1. LEGAL DESCRIPTION:
A new application must contain the township, range, section, description, acreage and county where
the land is located. (Example: T1N, R3E, Section 17, SWNW, 40 acres, Maricopa County.) If the
intended parcel is irregular in shape or has a curved side, a certified land survey by a registered
Arizona land surveyor may be requested prior to consideration of the application. For information
regarding legal descriptions, you may contact our CADASTRAL and SURVEY REVIEW UNIT at
(602) 542-2601.
2. LAND DEVELOPMENT:
If you intend to develop the land and place improvements, include a conceptual plan with the
application. Before a lease is approved, a complete site plan will be required and State Land
Department Development Plan guidelines may apply.
3. IMPROVEMENTS:
Approval of this application does not constitute approval of any improvements. An application to
place improvements must be submitted to the Department after a lease is obtained and PRIOR to
any grading or construction of the improvement(s). (Unless such approval is specifically contained
in the executed lease)
Pursuant to A.R.S. § 37-321, lessee is not entitled to reimbursement for improvements that have not
been authorized by prior written approval from the Department.
Temporary or removable
structures are not considered to be improvements under any circumstances.
4. APPRAISAL:
All Trust land transactions must be in accordance with the State's responsibility to receive
appropriate return for the Trust's beneficiaries. Annual rental rates are based upon fair market
rental value.
The Department may require or allow prepayment for the estimated cost of an appraisal required
to establish fair market rental value.
COMMERCIAL LEASE INSTRUCTIONS
(Please read all instructions carefully before filing an application.)
ATTENTION
Prior to filing a new application for a Commercial Lease, the State Land Department encourages you to
contact the Department’s Sales and Commercial Leasing Section at (602) 542-3000, to schedule a pre-
application conference with a Commercial Lease Administrator, to address questions or concerns
regarding the land you wish to lease, prior to the expenditure of the NON-REFUNDABLE filing fee.
NOTE: A preliminary conference is suggested but not required to submit an application.
NON-REFUNDABLE FILING FEE must be submitted with your application:
NOTICE: If you are filing a renewal application and you fail to file the application prior to the lease
expiration date, you forfeit any renewal rights you may have. You will be required to file a NEW
application and pay the NEW filing fee if you wish to reapply to lease the property. Failure to complete
the entire lease application (including environmental questionnaire) and/or failure to provide adequate
information as requested may result in rejection of the application. Filing of this application does not in
any way obligate the Arizona State Land Department to approve the application.
1. LEGAL DESCRIPTION:
A new application must contain the township, range, section, description, acreage and county where
the land is located. (Example: T1N, R3E, Section 17, SWNW, 40 acres, Maricopa County.) If the
intended parcel is irregular in shape or has a curved side, a certified land survey by a registered
Arizona land surveyor may be requested prior to consideration of the application. For information
regarding legal descriptions, you may contact our CADASTRAL and SURVEY REVIEW UNIT at
(602) 542-2601.
2. LAND DEVELOPMENT:
If you intend to develop the land and place improvements, include a conceptual plan with the
application. Before a lease is approved, a complete site plan will be required and State Land
Department Development Plan guidelines may apply.
3. IMPROVEMENTS:
Approval of this application does not constitute approval of any improvements. An application to
place improvements must be submitted to the Department after a lease is obtained and PRIOR to
any grading or construction of the improvement(s). (Unless such approval is specifically contained
in the executed lease)
Pursuant to A.R.S. § 37-321, lessee is not entitled to reimbursement for improvements that have not
been authorized by prior written approval from the Department.
Temporary or removable
structures are not considered to be improvements under any circumstances.
4. APPRAISAL:
All Trust land transactions must be in accordance with the State's responsibility to receive
appropriate return for the Trust's beneficiaries. Annual rental rates are based upon fair market
rental value.
The Department may require or allow prepayment for the estimated cost of an appraisal required
to establish fair market rental value.
5. PROCESSING TIME:
Your application requires adequate processing time. You will be contacted when your application
has been approved, denied, or rejected. Depending on the complexity of the lease, a long-term lease
(more than 10 years) must go to public auction and may take as long as 12 or more months to
process. A short-term lease (less than 10 years) can take 6 months or more. Be advised that in
order to properly evaluate the application, you may be required to provide additional information.
This information may include, but not be limited to financial evaluations, rent comparables,
engineering and registered land survey information, environmental assessments, archaeological
surveys.
6. POWER OF ATTORNEY:
If you are acting as an Attorney in Fact for the applicant, you must submit a copy of your notarized
Power of Attorney and a $50.00 additional fee.
7. CONFLICTS:
Pursuant to A.R.S. §37-284(A) a conflicting application for an existing lease for a term of not more
than ten years shall be filed at least two hundred seventy days but not more than one year before
the expiration date on the lease. The conflicting application must be accompanied by a list of non-
removable improvements on the leased lands on file with the department, including fences. The
conflicting applicant must post a surety bond or other form of security in the amount of two
thousand five hundred dollars or twenty per cent of the rental payments over the term of the
current lease, whichever is greater. The department shall calculate the amount of the security
within thirty days after receiving the conflicting application, and the conflicting applicant must post
the security within thirty days after the department determines the amount. If the conflicting
applicant is unsuccessful or withdraws the application, the department shall return the security to
the applicant. If the conflicting applicant is successful, the security shall be applied against the
value of the non-removable improvements.
For additional information call: Sales & Commercial Leasing Section at (602) 542-3000
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