Physical Inspections. Licensee shall be granted access to the Property to perform studies, physical inspections, investigations and tests on the Property ( each a "Iw" and, collectively, the "I.em"); provided, however, that Licensee shall not perform or allow any Phase II environmental site assessment or other intrusiveor invasive testing of the Property ( collectively, a "Phase II") without providing Licensor five business (5) days' notice (the "Phase II Notice") and obtaining Licensor 's prior written consent, which may be withheld in Licensor 's discretion. The Phase II Notice shall include the following: (i) the proposed date and time of the Phase II; (ii) a detailed description of each of the proposed tests and intrusive acts to be performed as part of the Phase II; (iii) the proposed location of each site of such tests and intrusive acts; (iv) the work to be performedto repair and restore any damage to theProperty; and (v) the total amount of time required forthe Phase II and such repair and restoration work. Any Phase II shall be performedin accordance with the description provided in the applicable Phase II Notice, except, if Licensor determines in its discretion that the Phase II and related repair and restoration work described in the Phase II Notice will unreasonably affect the Property, Licensee shall comply with Licensor's reasonable requests to change the date, time, nature, location and/or duration of the Phase II and/or related repair and restoration work. Licensor shall have the right to have a representative of Licensor present for any inspections performed by Licensee pursuant to this Agreement. In the event that such Phase II is recommended and Licensor elects not to terminate this Agreement, Licensee shall cause the Phase II to be conducted at Licensor's sole cost and expense. Prior to issuing any Phase II Environmental reports, Licensee shall provide a clearly marked draftversion of such report. Licensor shall than be given five (5) business days to review and, if appropriate, comment on the draftreport. At Licensors absolute discretion, Licensor shall have the opportunity to cease all testing and related work and (a) no further work shall be conducted and, (b) no final report shall be issued. 4848-8168-0495.2 EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY AXON AT RIVERWALK May 10, 2018 SALT RIVER - PIMA - MARICOPA Job No. 2003-127 INDl1AN COMMUNffY Page 1, of 1 A PARCEL OF LAND LOCATED IN THE ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇. R'ANGE 5 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN. MARICOPA COUNTY, ARIZONA. AND A PORTION OF S.RP.M.I.C. TRIBAL ALLOTMENT NUMBERS 281, 282, 712 AND 465, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND ALUMINUM CAP IN A HANDHOLE AT THE SOUTHEAST CORNER OF SAID SECTION 6. FROM WHICH A FOUND BRASS CAP IN A HAND HOLE AT THE SOUTH QUARTER CORNER OF SAID SECTION 6, BEARS SOUTH 89 DEGREES 43 MINUTES 37 SECONDS WEST. A DISTANCE OF 2637.87 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 59 SECONDS EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 1,285.56 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 792.96 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 98 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 156.24 FEET; THENCE SOUTH 72 DEGREES 56 MINUTES 48 SECONDS WEST, A DISTANCE OF 111.55 FEET TO A POINT OF CURVE TO THE LEFT; THENCE SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 200.00 FEET. THROUGH A CENTRAL ANGLE OF 33 DEGREES 15 MINUTES 39 SECONDS, A DISTANCE OF 116.10 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST. WITH A CHORD BEARING OF SOUTH 13 DEGREES 26 MINUTES 56 SECONDS WEST, A CHORD DISTANCE OF 485.96 FEET; THENCE SOUTHWESTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 657.37 FEET. W!ROUGH A CENTRAL ANGLE OF 43 DEGREES 23 MINUTES 05 SECONDS. A DISTANCE OF 497.76 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 592.86 FEET TO THE EASTERLY RIGHT OF WAY LINE OF LOOP 101, PIMA FREEWAY; THENCE NORTH 15 DEGREES 27 MINUTES 34 SECONDS EAST, A DISTANCE OF 639.84 FEET; THENCE NORTH 18 DEGREES 19 MINUTES 28 SECONDS EAST, A DISTANCE OF 500.11 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE TO THE WEST. WITH A CHORD BEARING OF NORTH 14 DEGREES 53 MINUTES 12 SECONDS EAST, A CHORD DISTANCE OF 418.42 FEET; THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 4,583.66 FEET. THROUGH A CENTRAL ANGLE OF 05 DEGREES 13 MINUTES 55 SECONDS, A DISTANCE OF 418.56 FEET; THENCE NORTH 90 DE:GREES00 MINUTES 00 SECONDS EAST. DEPARTING SAID EASiERLY RIGHT OF WAY LINE. A DISTANCE OF 628.75 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST. A DISTANCE OF 926.99 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,026,715 SQUARE FEET OR 23.570 ACRES. MORE OR LESS. ALLOTMENT AREA BREAKDOWN 282-A 10.853 I 283-A 4.729 712 1. 768 I 710 6.220 Survey Innovation Group,Inc. H:\Jobs\200312003-127 101 & INDIAN BEND\DOCS\LEGALS\TASER\i/03127 AXONaCornbo 5-10-18.doc - 9 - 4848-8168-0495 .2
Appears in 1 contract
Sources: Purchase and Sale Agreement (Axon Enterprise, Inc.)
Physical Inspections. Licensee shall be granted access to the Property to perform studies, physical inspections, investigations and tests on the Property ( (each a "Iw" “Test” and, collectively, the "I.em"“Tests”); provided, however, that Licensee shall not perform or allow any Phase II environmental site assessment or other intrusiveor intrusive or invasive testing of the Property ( (collectively, a "“Phase II"”) without providing Licensor five business (5) days' ’ notice (the "“Phase II Notice"”) and obtaining Licensor 's ’s prior written consent, which may be withheld in Licensor 's ’s discretion. The Phase II Notice shall include the following: (i) the proposed date and time of the Phase II; (ii) a detailed description of each of the proposed tests and intrusive acts to be performed as part of the Phase II; (iii) the proposed location of each site of such tests and intrusive acts; (iv) the work to be performedto performed to repair and restore any damage to thePropertythe Property; and (v) the total amount of time required forthe for the Phase II and such repair and restoration work. Any Phase II shall be performedin performed in accordance with the description provided in the applicable Phase II Notice, except, if Licensor determines in its discretion that the Phase II and related repair and restoration work described in the Phase II Notice will unreasonably affect the Property, Licensee shall comply with Licensor's ’s reasonable requests to change the date, time, nature, location and/or duration of the Phase II and/or related repair and restoration work. Licensor shall have the right to have a representative of Licensor present for any inspections performed by Licensee pursuant to this Agreement. In the event that such Phase II is recommended and Licensor elects not to terminate this Agreement, Licensee shall cause the Phase II to be conducted at Licensor's ’s sole cost and expense. Prior to issuing any Phase II Environmental reports, Licensee shall provide a clearly marked draftversion draft version of such report. Licensor shall than be given five (5) business days to review and, if appropriate, comment on the draftreportdraft report. At Licensors absolute discretion, Licensor shall have the opportunity to cease all testing and related work and (a) no further work shall be conducted and, (b) no final report shall be issued. 4848-8168-0495.2 EXHIBIT "“B" ” LEGAL DESCRIPTION OF PROPERTY AXON AT RIVERWALK May 10, 2018 SALT RIVER - PIMA 9 - MARICOPA Job No. 2003EXHIBIT E SITE PLAN / PRE-127 INDl1AN COMMUNffY Page 1, of 1 A PARCEL OF LAND LOCATED IN THE ▇▇▇▇▇APP PLANS […***…] The ▇▇▇▇ ▇▇▇*** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ ▇▇ ▇▇▇*** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ ▇, ▇▇▇▇*** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ ▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. R'ANGE 5 EAST […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. […***…] The ▇▇▇▇ *** indicates that text has been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the Securities and Exchange Commission. EXHIBIT F-1 ACCESS IMPROVEMENTS EXHIBIT F-2 WATER/SEWER IMPROVEMENTS EXHIBIT F-3 ELECTRIC/GAS/TELEPHONE IMPROVEMENTS EXHIBIT G ASSIGNMENT OF THE GILA AND SALT RIVER BASE AND MERIDIAN. MARICOPA COUNTY, ARIZONA. AND A PORTION OF S.RP.M.I.C. TRIBAL ALLOTMENT NUMBERS 281, 282, 712 AND 465, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND ALUMINUM CAP IN A HANDHOLE AT THE SOUTHEAST CORNER OF SAID SECTION 6. FROM WHICH A FOUND BRASS CAP IN A HAND HOLE AT THE SOUTH QUARTER CORNER OF SAID SECTION 6, BEARS SOUTH 89 DEGREES 43 MINUTES 37 SECONDS WEST. A DISTANCE OF 2637.87 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 59 SECONDS EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 1,285.56 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 792.96 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 98 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 156.24 FEET; THENCE SOUTH 72 DEGREES 56 MINUTES 48 SECONDS WEST, A DISTANCE OF 111.55 FEET TO A POINT OF CURVE TO THE LEFT; THENCE SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 200.00 FEET. THROUGH A CENTRAL ANGLE OF 33 DEGREES 15 MINUTES 39 SECONDS, A DISTANCE OF 116.10 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST. WITH A CHORD BEARING OF SOUTH 13 DEGREES 26 MINUTES 56 SECONDS WEST, A CHORD DISTANCE OF 485.96 FEET; THENCE SOUTHWESTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 657.37 FEET. W!ROUGH A CENTRAL ANGLE OF 43 DEGREES 23 MINUTES 05 SECONDS. A DISTANCE OF 497.76 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 592.86 FEET TO THE EASTERLY RIGHT OF WAY LINE OF LOOP 101, PIMA FREEWAY; THENCE NORTH 15 DEGREES 27 MINUTES 34 SECONDS EAST, A DISTANCE OF 639.84 FEET; THENCE NORTH 18 DEGREES 19 MINUTES 28 SECONDS EAST, A DISTANCE OF 500.11 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE TO THE WEST. WITH A CHORD BEARING OF NORTH 14 DEGREES 53 MINUTES 12 SECONDS EAST, A CHORD DISTANCE OF 418.42 FEET; THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 4,583.66 FEET. THROUGH A CENTRAL ANGLE OF 05 DEGREES 13 MINUTES 55 SECONDS, A DISTANCE OF 418.56 FEET; THENCE NORTH 90 DE:GREES00 MINUTES 00 SECONDS EAST. DEPARTING SAID EASiERLY RIGHT OF WAY LINE. A DISTANCE OF 628.75 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST. A DISTANCE OF 926.99 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,026,715 SQUARE FEET OR 23.570 ACRES. MORE OR LESS. ALLOTMENT AREA BREAKDOWN 282-A 10.853 I 283-A 4.729 712 1. 768 I 710 6.220 Survey Innovation Group,Inc. H:\Jobs\200312003-127 101 & INDIAN BEND\DOCS\LEGALS\TASER\i/03127 AXONaCornbo 5-10-18.doc - 9 - 4848-8168-0495 .2SUBSTITUTE LEASE Form of Assignment of Substitute Lease to be approved and finalized during the Due Diligence Period and placed into Escrow by Seller and Buyer
Appears in 1 contract
Sources: Purchase and Sale Agreement (Axon Enterprise, Inc.)