RFP_Exhibit_C_-_Agricultural_Lease_Agreement_Template.pdf

Agreement No. XXXX

1 SAFCA Natomas Ag Lease Agreement 2026

AGRICULTURAL LEASE AGREEMENT

([PROPERTY] Tract)

This Agricultural Lease Agreement (this “Agreement”) is executed as of [DAY] day of [MONTH] [YEAR], by and between SACRAMENTO AREA FLOOD CONTROL AGENCY, a joint powers authority established pursuant to the laws of the State of California, hereinafter referred to as (“Lessor” or “SAFCA”), and [NAME] representing [COMPANY], hereinafter referred to as (“Lessee” or “Tenant”).

RECITALS

WHEREAS, SAFCA has determined that it is desirable to retain a qualified firm or individual to lease agricultural lands at various locations in the Natomas Basin, in northwestern Sacramento County and southeastern Sutter County; and

WHEREAS, SAFCA issued a Request for Proposals for these services; and

WHEREAS, Lessee by reason of the Lessee's qualifications, experience and facilities for performing the type of services contemplated herein has proposed to provide the desired services; and

WHEREAS, SAFCA Resolution [RESO#], authorizes the Executive Director to enter into an Agreement for said services with Lessee; and

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, SAFCA and Lessee agree as follows:

AGREEMENT

1. Description of Premises. The property, including the appurtenances (hereinafter collectively referred to as the “Premises”), is situated in [COUNTY]County, State of California, and is all that certain real property shown on Exhibit A, attached to this Agreement. Exhibit A refer to property commonly known as the [PROPERTY] Tract, containing approximately [# OF ACRES] acres. The [PROPERTY] tract is intended to be farmable and represents the acreage covered by this Agreement.

2. Term. The term of this Agreement shall commence on the execution of this Agreement by SAFCA and Lessee, and shall terminate on [DAY] day of [MONTH] [YEAR].

3. Rent.

(a) Payments Generally. Lessee shall make an annual payment during the term of this Agreement to SAFCA, due and payable no later than [DATE] (or upon the execution of this Agreement, if later than [DATE]) (the “Rents”). Such payment shall be in the amount of

[LEASE RATE].

(b) All Rents shall be paid to SAFCA, without deduction or offset at Sacramento Area Flood Control Agency, 1325 J Street, Suite 1700, Sacramento, CA 95814, or such other place as may be designated from time to time by SAFCA. Lessee acknowledges that

RFP 2026-002

Exhibit C

Jennifer Heredia Rectangle

2 SAFCA Natomas Ag Lease Agreement 2026 this Agreement is offered by SAFCA to Lessee with discounted Rents owing to the nature of the Premises having been subject to activity associated with SAFCA’s Natomas Levee Improvement Program (“NLIP”) borrow site operations. These risks and other uncertainties cannot be fully quantified, but SAFCA and Lessee agree that the discounted Rents are a consideration for these uncertainties.

(c) Late Fees/Interest. If the payment of any amount due hereunder is not received by SAFCA within 10 days of the due date thereof, said payment shall be in default and a late fee of 5% of the defaulted payment shall also become due and payable as additional Rents.

Further, after the 10th day, said past due amount (but not late fees) shall bear interest at the maximum rate permitted by law.

4. Use of Premises.

(a) Permitted Use. Lessee shall use the Premises for the production of grain or cover crops. Under no circumstances whatsoever may Lessee use the Premises for the growing of vineyards, corn, cotton, or orchard crops. SAFCA authorizes Lessee to periodically fallow the Premises at Lessee’s option, provided that Lessee shall advise SAFCA in advance in writing of such decision, with SAFCA’s written permission. No s will be due with the fallowing of the farm. Fallowing of acreage does not relieve Lessee of the other responsibilities included in this Agreement.

5. Management of Premises. Lessee shall not use, or permit to be used, any part of the Premises for any purpose other than as specified in Section 4, hereof. All operations incident to this use of the Premises shall be carried on in accordance with the best course of agricultural practices in the Natomas Basin. In the event Lessee shall fail to use the Premises in keeping with the terms of this Agreement, SAFCA reserves the right, after having given 10 days’ notice, to take necessary remedial measures at the expense of Lessee, for which Lessee shall reimburse SAFCA on demand. Lessee will make diligent efforts to prevent the spread of all noxious weeds on the Premises and will take commercially reasonable measures to protect the Premises from infestations of pests. Lessee will make diligent efforts to prevent infestations of organisms that may produce disease in crops grown on the Premises during and after the term of this Agreement.

IT IS LESSEE’S OBLIGATION TO MAINTAIN THE PREMISES, INCLUDING, BUT NOT LIMITED

TO, WEED MANAGEMENT. WEED MANAGEMENT WILL APPLY TO THE ENTIRE

PREMISES.

6. SAFCA’s Rights. The Existing Agreements entitle, but do not obligate, SAFCA and its successors and/or assignees to exercise the following rights and privileges:

(a) To grade, level, drain, install irrigation, install drainage or carry out other maintenance activities as set forth in the MMP and the LTMP in order to maintain the Conservation Values.

(b) To enter the Premises at reasonable times in order to monitor compliance with and otherwise enforce the terms of the Existing Agreements, the MMP and the LTMP, provided that SAFCA shall not unreasonably interfere with any authorized use of the Premises.

(c) To prevent any activity on or use of the Premises that is inconsistent with the purposes of this Agreement and to require the restoration of such areas or features of the Premises that may be damaged by any act, failure to act, or any use or activity that is inconsistent with the purposes of the Existing Agreements.

3 SAFCA Natomas Ag Lease Agreement 2026

(d) To require that all existing mineral, air and water rights as SAFCA deems necessary to preserve and protect the biological resources and Conservation Values shall remain a part of and be put to beneficial use upon the Premises, consistent with the purposes of the Premises.

(e) To control public access to the Premises to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Premises or are otherwise inconsistent with this Agreement.

(f) To manage and maintain the Conservation Values on the Premises.

7. Prohibited Uses. Any activity on or use of the Premises that is inconsistent with the purposes of the Existing Agreements is prohibited. Without limiting the generality of the foregoing, the following uses and activities by Lessee agents, and third parties are expressly prohibited:

(a) Recreational activities, including, but not limited to, horseback riding, biking, hiking, camping, hunting, or fishing.

(b) Non-agricultural commercial, industrial, residential, or institutional uses.

(c) Any legal or de facto division, subdivision or partitioning of the Premises.

Accordingly, all present and future development rights appurtenant to, allocated, implied, reserved or inherent in the Premises have been terminated and extinguished, and may not be used on or transferred to any portion of the Premises, nor any other property adjacent or otherwise.

(d) Construction, reconstruction, erecting or placement of any non-agricultural building, billboard or signs (excepting “no trespass” or “sensitive area” signs), or any other non-agricultural structure or improvement of any kind.

(e) Deposit or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials except as provided in the MMP or the LTMP.

(f) Planting, introduction or dispersal of non-native or exotic plant or animal species except for mosquitofish or cultivated crops. The following crops may not be grown on this site:

(i) Orchards;

(ii) Vineyards;

(iii) Cotton; and

(iv) Corn.

(g) Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, soil, sand, gravel, rock or other material on or below the surface of the Premises, or granting or authorizing surface entry for any of these purposes, except as allowed below, as specifically provided in the MMP or LTMP, or as necessary/appropriate to conduct permitted agricultural operations.

4 SAFCA Natomas Ag Lease Agreement 2026

(h) Except for field leveling allowed under Section 11 below, altering the surface or general topography of the Premises, including but not limited to, making any alterations to habitat, building roads or trails, paving or otherwise covering the Premises with concrete, asphalt or any other impervious material, except as necessary to accomplish the objectives of the MMP or LTMP or to conduct permitted agricultural operations.

(i) Removing, destroying, or cutting of trees, shrubs or other vegetation, except (a) to prevent injury or damage to persons or property, including but not limited to adjacent utilities, (b) to maintain existing or new, legally required fire breaks, (c) to maintain existing foot trails or roads, (d) to prevent or treat plant or animal disease, (e) to conduct permitted agricultural operations, or (f) as necessary to accomplish the objectives of the MMP or LTMP or to conduct permitted agricultural operations.

(j) Altering any natural water course, body of water or water circulation on the Premises, and any activities or uses materially detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters, except as necessary to accomplish the objectives of the MMP or LTMP or to conduct permitted agricultural operations.

(k) Without the prior written consent of SAFCA -- which SAFCA may withhold -- transferring, encumbering, selling, leasing, or otherwise separating the existing mineral, air or water rights for the Premises; changing the place or purpose of use of the water rights;

abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Premises, including but not limited to (a) riparian water rights; (b) appropriative water rights; (c) rights to waters that are secured under contract with any irrigation or water district or company, to the extent such waters are customarily applied to a conservation area; and (d) any water from wells that are in existence or may be constructed in the future on the Premises.

(l) Engaging in any use or activity that may violate, or may fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Lessee, the Premises, or the use or activity in question.

8. Farm Program Participation. SAFCA and Lessee acknowledge that SAFCA is not obligated to obtain participation of the Premises in the USDA Farm Services Agency farm program (e.g., subsidy program). SAFCA cannot warrant or ensure participation eligibility efforts will be successful. However, if such subsidies are available, SAFCA will cooperate with Lessee in securing benefits.

9. Use of Fertilizers, Pesticides and Other Substances. Lessee shall store, prepare, use, apply, and dispose of all fertilizers, pesticides and other sprays and chemicals (collectively, “Substances”) necessary for crop production and protection on the Premises strictly in compliance with applicable laws, statutes, ordinances and regulations of all federal, state, county and city bodies having jurisdiction in such matters, and the manufacturer’s directions for the safe and effective use of such Substances. If SAFCA becomes aware that any Substance available for use on any crop grown on the Premises is harmful to the Giant Garter Snake or the Swainson’s Hawk, then SAFCA shall have the right to prohibit the use of such identified Substance on the Premises. Lessee shall have the right to terminate the Agreement if the prohibition by SAFCA of the use of the Substance makes the Agreement unproductive for Lessee. Prior to any termination, Lessee shall notify SAFCA in writing to allow SAFCA an opportunity to suggest an alternative Substance. If SAFCA and Lessee cannot reach agreement within 30 days of Lessee’s initial

5 SAFCA Natomas Ag Lease Agreement 2026 notice, Lessee may terminate this Agreement. If Lessee terminates this Agreement in accordance with this provision, SAFCA shall reimburse Lessee all Rents paid in accordance with Section 3 for the current crop year, without interest, and this will be the sole compensation and remedy to Lessee.

10. Field Leveling.

(a) Lessee may level the Farm Fields for purposes of improving farm efficiency and productivity, but any and all such leveling will be at Lessee’s sole expense unless SAFCA agrees in writing to pay these costs. Lessee will notify SAFCA of intentions to conduct any leveling in order to avoid conflict with SAFCA’s implementation of the Existing Agreements. With SAFCA’s prior written consent, Lessee’s Rents as specified in Section 3 above will be waived during the year in which field leveling is completed for those acres that are removed from production for the purpose of field leveling.

(b) SAFCA reserves the right to enter the Premises to remove soil from the elevated portion of Field 2. Such removal shall be conducted in a manner that will not unreasonably affect the Lessees use of the Premises.

11. Hunting Rights. No hunting is permitted on the Premises.

12. Taxes. All real property taxes and the assessments from Reclamation District 1000 shall be paid by SAFCA. However, if supplemental or additional taxes (e.g., possessory interest) are assessed to the Premises, Lessee will be responsible for paying those additional property taxes. All personal property taxes shall be paid by Lessee.

13. Expenses. SAFCA is to bear only the following expenses: the real property taxes and assessments as described below. All other expenses, including the cost of the water used by Lessee on the Premises, are to be paid by Lessee. Lessee is not responsible for any expenses pertaining to any managed marsh portions of the Premises.

(a) Water. [Water source]. Costs and expenses arising from the operation, maintenance and repairs of necessary diversion structures, farm laterals, drains and other waterworks related to irrigation water systems on the Premises, shall be paid by Lessee. SAFCA assumes no responsibility to Lessee for any water shortage from the facilities mentioned above and assumes no responsibility for, and does not represent or warrant, the quality or quantity of the water available to and/or supplied to the Premises.

(b) Utilities. Lessee shall pay for any and all gas, heat, light, power, telephone service, sewer and for all other services supplied to the Premises.

14. Disclaimer of Warranty – Soil Suitability. SAFCA makes no warranty of the soil’s suitability for growing the crops Lessee is authorized to grow under this Agreement.

15. Agreement Subject to Existing Rights of Others. This Agreement is subject to:

(a) all existing easements, servitudes, licenses and rights-of-way for canals, ditches, levees, roads, highways and telegraph, telephone and electric power lines, railroads, pipelines and other purposes, whether recorded or not; and (b) the rights of other lessees under any existing or future oil, gas and mineral lease or leases affecting the entire or a portion of the Premises, whether recorded or not.

6 SAFCA Natomas Ag Lease Agreement 2026

16. Abandonment. Lessee shall not vacate or abandon the Premises at any time during the term; if Lessee does abandon, vacate or surrender the Premises, or if Lessee is dispossessed by process of law or otherwise, personal property belonging to Lessee and left on the Premises shall be kept for a reasonable time by SAFCA, but in no event longer than 15 days after SAFCA gives Lessee notice to remove that property from the Premises, after which time, if it has not been reclaimed by Lessee, it may be treated by SAFCA as abandoned.

17. Holding Over. Any holding over after expiration of the term of this Agreement, with the consent of SAFCA, shall be treated as a service contract from month to month, for $250.00 a month in Rents, and shall otherwise be on the terms and conditions specified in this Agreement, as far as applicable.

18. Entry by SAFCA. Lessee shall permit SAFCA, and SAFCA’s agents and assigns, at all reasonable times, to enter the Premises, and to use the roads established on the Premises now or in the future, for the purposes of inspection, compliance with the terms of this Agreement, exercise of all rights under this Agreement, posting notices and all other lawful purposes, including access through the Premises to other lands of SAFCA. Lessee shall supply SAFCA, and SAFCA’s agents and assigns, with keys and other instruments necessary to effect entry on the Premises. Lessee shall make and keep pertinent records of all operations and conduct under this Agreement and shall make them available to SAFCA, and SAFCA’s agents and assigns, at all reasonable times for inspection.

19. Condition of Premises. By entry under this Agreement, Lessee accepts the Premises in its present condition; and Lessee agrees, on the last day of the term or on sooner termination of this Agreement, to surrender the Premises and the appurtenances to SAFCA in the same condition as when received, reasonable use, wear and damage by fire, act of God or the elements excepted, and to remove all of Lessee’s property from the Premises.

20. Waste. Lessee shall not commit, or permit others to commit, on the Premises, waste, or a nuisance, or any other act that could disturb the quiet enjoyment of SAFCA or any SAFCA Lessees on adjacent property. Lessee will pick up and dispose of minor litter and debris found on the Premises on a periodic basis. If Lessee finds larger debris, deposits or hazardous debris on the Premises, Lessee should contact SAFCA to arrange for removal and clearance of such debris.

21. Oil, Gas and Mineral Rights. All rights in all minerals, oil, gas and other hydrocarbons located on or under the Premises are reserved to SAFCA and are excepted from the property or any rights conveyed by the terms of this Agreement. Lessee expressly grants to SAFCA, and to any and all lessees of these oil, gas and mineral rights, and to SAFCA’s agents and licensees, a right of entry and a right-of-way for ingress and egress in and to, over and on the Premises during the term of this Agreement for the exploration, drilling and mining of minerals, oil, gas and other hydrocarbons on the Premises; provided that SAFCA shall reimburse Lessee for any damages that Lessee sustains as a result of any interference with the agricultural operations conducted on the Premises under the terms of this Agreement arising from exploration, drilling or mining operations.

22. Maintenance. Lessee shall care for both the Premises and the approaches to the Premises, including, but not limited to, all fences, canals, wells, ditches and roadways, and maintain them in the same order and condition in which received, ordinary wear and tear excepted.

7 SAFCA Natomas Ag Lease Agreement 2026

23. Alterations. Lessee shall not make, or permit to be made, alterations to the Premises, without first obtaining SAFCA’s written consent. Additions to, or alterations of, the Premises, except for Lessee’s trade fixtures, shall become a part of the Premises, at the time of attachment and belong to SAFCA. Lessee shall keep the Premises free from any liens arising out of any work performed, material furnished or obligations incurred by Lessee.

24. Compliance with Law. Lessee shall comply with all requirements of all governmental authorities, in force either now or in the future, affecting the Premises, and shall faithfully observe in Lessee’s use of the Premises all laws, rules and regulations of these authorities, in force either now or in the future. The judgment of a court of competent jurisdiction, or Lessee’s admission in an action or a proceeding, whether SAFCA be a party to it or not, that Lessee has violated any law, rule or regulation in Lessee’s use of the Premises shall be considered conclusive evidence of that fact as between SAFCA and Lessee. If Lessee fails to comply with any such law, regulation or rule, SAFCA reserves the right to take necessary remedial measures at Lessee’s expense, for which Lessee agrees to reimburse SAFCA on demand.

25. Condemnation. If the Premises shall be taken or condemned in whole or in substantial part for public purposes, this Agreement shall, at the option of either party, forthwith cease and terminate and Lessee shall have no claim against SAFCA for the value of any unexpired term of this Agreement or otherwise, except for moving expenses, if any, designated for Lessee. Lessee shall have the right to pursue a separate claim against the condemning authority for Lessee’s personal property and fixtures, unexpired or market value of the Agreement, moving expense, and loss of business.

26. Nonliability SAFCA for Damages. Lessee agrees to indemnify, protect, defend and hold SAFCA harmless from all liability and claims for damages arising directly or indirectly from any injury from any cause to any person, including Lessee or any employees of Lessee, or to property of any kind belonging to anyone, including Lessee or any employees of Lessee, while in, upon or in any way connected with the Premises, including the flooding of county roads or neighboring lands because of improper or inadequate drainage or escaping irrigation waters, during the term or any extension of this Agreement, or any use under this Agreement.

27. Insurance. Lessee further agrees to maintain during the term of this Agreement at Lessee’s sole expense, liability and other insurance in the form and in the amounts specified in Exhibit #, attached hereto and incorporated herein by this reference. All insurance shall be written on an occurrence basis, and shall name SAFCA as additional insureds. Lessee shall provide evidence of the insurance and additional insured requirements to SAFCA. SAFCA shall receive written notice no less than 30 days prior to any cancellation of the insurance. Lessee further agrees to maintain during the term of this Agreement at Lessee’s sole expense proper and adequate workers’ compensation insurance as required by law.

28. Events of Default. The occurrence of any one or more of the following events shall constitute a default hereunder by Lessee:

(a) The abandonment of the Premises by Lessee.

(b) The failure by Lessee to make any payment of Rents or additional Rents or any other payment required to be made by Lessee hereunder, as and when due.

(c) The failure by Lessee to observe or perform any of the express or implied covenants or provisions of this Agreement to be observed or performed by Lessee.

8 SAFCA Natomas Ag Lease Agreement 2026

(d) (1) The making by Lessee of any general assignment for the benefit of creditors; (2) the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within 30 days); (3) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Agreement, where possession is not restored to Lessee within 30 days; or (4) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Agreement where such seizure is not discharged within 30 days.

29. Remedies of SAFCA on Default. If Lessee breaches this Agreement, SAFCA shall have, in addition to other rights or remedies, the right of reentry, after having given five days’ notice, and the right to take possession of all crops, harvested or unharvested, and to remove all persons and property from the Premises; SAFCA may store the property removed in a public warehouse or elsewhere at Lessee’s expense and for Lessee’s account. SAFCA, at SAFCA’s election, shall become the owner of all crops of which SAFCA has so taken possession, without being obligated to compensate Lessee for them.

If SAFCA elects to reenter, as provided above, or to take possession under legal proceedings or under any notice provided for by law, SAFCA may (i) terminate this Agreement, or (ii) from time to time, without terminating this Agreement, relet the entire or any part of the Premises for such terms (which may extend beyond the term of this Agreement) and at such Rents and other conditions as SAFCA, in SAFCA’s sole discretion, deems advisable. SAFCA also has the right to make alterations and repairs to the Premises.

On each reletting either Subsection 30(a) or (b) shall apply:

(a) Lessee shall be immediately liable for payment to SAFCA of (i) SAFCA’s expenses of reletting and making alterations and repairs, (ii) the amount by which the Rents specified in this Agreement for the period of the reletting (up to but not beyond the term of this Agreement) exceeds the amount agreed to by the new agricultural services contractor to be paid as Rents for the Premises, and (iii) all other indebtedness due under the Agreement; or

(b) At SAFCA’s option, Rents received by SAFCA from reletting shall be applied: first, to the payment of any indebtedness, except Rents, due under this Agreement from Lessee to SAFCA; second, to the payment of expenses of reletting and of alterations and repairs;

and third, to the payment of Rents due under the Agreement and unpaid, with the residue, if any, being held by SAFCA and applied in payment of future Rents as it becomes due and payable under the Agreement.

If Lessee has been credited with Rents to be received by reletting under the option in Subsection 30(a), above, and the Rents are not promptly paid to SAFCA by the new agricultural services contractor; or if the Rents received from reletting under the option in Subsection 30(b), above, during any month are less than that to be paid during that month by Lessee under the Agreement, Lessee shall pay the deficiency to SAFCA. This deficiency shall be calculated and paid monthly.

No reentry or taking possession of the Premises by SAFCA shall be construed as an election by SAFCA to terminate this Agreement unless written notice of such an intention is given to Lessee or the Agreement is declared to be terminated by a court of competent jurisdiction.

Even though the reletting was without termination by SAFCA, SAFCA may at any future time elect

9 SAFCA Natomas Ag Lease Agreement 2026 to terminate the Agreement for the previous breach by Lessee. If SAFCA terminates the Agreement for a breach in addition to any other remedy SAFCA may have, SAFCA may recover from Lessee all damages SAFCA incurs by reason of the breach, including both the cost of recovering the Premises and the worth, at the time of termination, of the excess of the amount of Rents and charges equivalent to Rents specified in this Agreement, for the remainder of the stated term, over the then-reasonable Rents value of the Premises for the remainder of the term. All of these amounts shall be immediately due from Lessee to SAFCA.

All of these rights shall be concurrent and cumulative and are in addition to, and not in derogation of, all other rights and remedies available to SAFCA.

Nothing contained in this Agreement, and no security or guarantee of Lessee that SAFCA holds now or in the future under the Agreement, shall in any way constitute a bar or defense to an action by SAFCA in unlawful detainer or for recovery of the Premises.

30. Governing Law. This Agreement shall be governed by and construed pursuant to the laws of the State of California.

31. Attorneys’ Fees on Default. In any action or proceeding by either party to enforce this Agreement or any provision thereof, the prevailing party shall be entitled to all costs incurred and to reasonable attorneys’ fees. If SAFCA should bring suit for the possession of the Premises, for the recovery of any sum due under this Agreement, or because of the breach of any provision of this Agreement, or for any other relief against Lessee hereunder, then all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgment.

32. Action of Receiver. If, in an action against Lessee, SAFCA has a receiver appointed to take possession of the Premises, or to collect the Rents or profits derived from the Premises, or both, the receiver has the right, if it is necessary or convenient in order to collect Rents or profits, to conduct the business of Lessee then being carried on the Premises and to take possession of any personal property belonging to Lessee and used in the conduct of the business, and to use the personal property in conducting the business on the Premises. Neither the application for the appointment of the receiver, nor the appointment of the receiver, shall be construed as an election by SAFCA to terminate this Agreement unless a written notice of such intention is given to Lessee.

33. Surrender of Agreement not Merger. The voluntary or other surrender by Lessee, or a mutual cancellation, of this Agreement shall not work a merger, and shall, at SAFCA’s option, terminate all existing service agreements, licenses, subleases and subtenancies, or may, at SAFCA’s option, operate as an assignment to SAFCA of any or all service agreements, licenses, subleases or subtenancies.

34. Assignment or Subletting. Lessee shall not assign this Agreement, or any rights under it, and shall not sublet the entire or any part of the Premises, or any right or privilege appurtenant to the Premises, or permit any other person (the agents and servants of Lessee excepted) to occupy or use the entire or any portion of the Premises, without first obtaining SAFCA’s written consent; provided that SAFCA shall not unreasonably withhold consent to assignment, sublease of use or possession of the Premises. A consent to the assignment, subletting, occupation or use by another person is not a consent to a future assignment, 10 SAFCA Natomas Ag Lease Agreement 2026 subletting, occupation or use by another person. An assignment or a subletting without SAFCA’s consent shall be void, and shall, at SAFCA’s option, terminate this Agreement. No interest of Lessee in this Agreement shall be assignable by operation of law without SAFCA’s written consent. If SAFCA agrees to Lessee’s assignment, license or sublet, Rents under such assignment, license or sublease shall be divided 50/50 between Lessee and SAFCA.

35. Successors and Assigns. Except as otherwise provided in this Agreement, all of the covenants, conditions and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.

36. Crop Mortgages. All crop mortgages, encumbrances or liens given or suffered by Lessee on the crops grown on the Premises shall be for terms or periods not extending beyond the term of the Agreement. All liens created by Lessee must be satisfied of record by Lessee before the end of the term. If a mortgage or lien creates a lien on SAFCA’s title, Lessee must pay all reasonable costs and expenses, including attorneys’ fees, required for the removal of the lien or mortgage, either before or after termination of the Agreement.

37. Waiver. The waiver by SAFCA of a breach of any term, covenant or condition contained in this Agreement shall not be treated as a waiver of such term, covenant or condition, or as a waiver of a future breach of the same or any other term, covenant or condition contained in this Agreement. The acceptance of Rents by SAFCA shall not be treated as a waiver of a previous breach by Lessee of any term, covenant or condition of this Agreement, other than the failure of Lessee to pay the particular Rents so accepted, regardless of SAFCA’s knowledge of a previous breach at the time of acceptance of Rents.

38. Representations of Authority. Lessee represents and warrants that it is authorized to do business under the laws of the State of California. Lessee further represents and warrants that it has the right and authority to enter into and perform its obligations under this Agreement and under all collateral agreements to be entered into by it in furtherance of the provisions hereof without the consent or approval of any other entity or person and make these representations knowing that the other party will rely thereon.

39. Anti-Harassment and Anti-Discrimination Policy. SAFCA is committed to establishing and maintaining a workplace that is free from unlawful harassment and discrimination. As required by law, the SAFCA has developed an “Anti-Harassment and Anti- Discrimination Policy” applicable to all independent contractors that is available on request.

Lessee shall be responsible for informing all of its employees, representatives, contractors, and/or agents who will be entering and performing work on the Premises about this policy. In the event Lessee acquires information to suggest that this policy is being violated, Lessee shall promptly notify SAFCA. All employees, applicants, and independent contractors (“workers”) of SAFCA are to be treated with respect and dignity. SAFCA is committed to providing a work environment free of unlawful harassment and discrimination. SAFCA policy prohibits all harassment and discrimination because of sex, gender, race, religious creed, color, national origin or ancestry, genetic condition, physical or mental disability, medical condition, including AIDS, marital status, age, sexual orientation or any other basis protected by federal, state or local law or ordinance or regulation. All such harassment or discrimination is unlawful. SAFCA’s Anti-Harassment and Anti-Discrimination policy applies to all persons involved in the operation of SAFCA and prohibits unlawful harassment or discrimination by any worker of SAFCA. Lessee agrees to comply with the SAFCA Anti-Harassment and Anti-Discrimination Policy in Lessee’s operations on the

11 SAFCA Natomas Ag Lease Agreement 2026

Premises and with regard to any of SAFCA’s employees, agents, contractors or subcontractors on or about the Premises.

Lessee’s Initials

40. Headings. The section headings of this Agreement are not part of this Agreement and shall have no effect upon the construction or interpretation of any part thereof.

41. Time. Time is of the essence with respect to the performance of every provision of this Agreement in which time or performance is a factor.

42. Prior Agreements; Amendments. This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.

No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest.

43. Separability. Any provision of this Agreement which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect.

44. Recording. Neither this Agreement nor a memorandum thereof shall be recorded by Lessee without SAFCA’s prior written permission.

45. Notices. Any notice to be given to either party by the other shall be in writing and shall be served either personally or by registered or certified mail addressed as follows:

SAFCA: SACRAMENTO AREA FLOOD CONTROL AGENCY

Attn: Matt DeGroot, Real Estate Manager 1325 J Street, Suite 1700

Sacramento, CA 95814 Telephone: (916) 874-7606 Email: DegrootM@saccounty.gov

Lessee: [NAME]

[ADDRESS]

[CITY, STATE ZIP]

Telephone:

Email:

46. Legal Effect. All covenants of Lessee contained in this Agreement are expressly made conditions. All parties to this Agreement shall be jointly and severally liable under it.

47. Exhibits. All exhibits to which reference is made in this Agreement are incorporated in the Agreement by the respective references to them, whether or not they are actually attached, provided they have been signed or initialed by the parties. Reference to “this Agreement” includes matters incorporated by reference.

mailto:DegrootM@saccounty.gov

12 SAFCA Natomas Ag Lease Agreement 2026

SIGNATURES FOLLOW ON NEXT PAGE

13 SAFCA Natomas Ag Lease Agreement 2026

Lessee:

By: _________________________________ Date signed: _____________

[NAME, TITLE]

SAFCA:

SACRAMENTO AREA FLOOD CONTROL AGENCY

a joint powers authority

By: _________________________________ Date signed: ______________ Jason D. Campbell, Executive Director

APPROVED AS TO FORM:

By: _________________________________ Date signed: ______________ Jeremy D. Goldberg, Agency Counsel