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Og.~?9.~9'l 13 31 ATTORNEY' GENERRL-R.EGULATORI- Pll, 06- , <br /> <br /> William W.L. Yuen, Esq. <br /> August 29, 1997 <br /> Paqa 3 <br /> 9. UH/CTAHR. Pisnae clarify when relerencs is made to <br /> "UH^ and when relerencs is made to "CTAHR.^ <br /> 10. posaaasion: 5.20fa). The reference t0 papaya trees <br /> which have horns fruit through two (2) or more crop rotations <br /> ehould be alarifiad. Aaoordirig to the DOA, a papaya tree <br /> continuously bears trait, n.g., it may have a ^arop^ one weak <br /> and another ^crop^ a weak later. So reference to two crop <br /> rotations couid moan a relatively young tres. The DOA would <br /> suggest referring to papaya trees which have borne fruit <br /> through two (2) or mots years. <br /> li. Comnlinnoe with Haaar~ous Materials Laws: 5.20[c). <br /> If the cost o! the environmental engineer or consultant is to <br /> ba borne by the County, then the selection o! the engineer or <br /> consultant should ba made by the County; however. it should be <br /> noted that this may involve compliance with procurement <br /> raquiremsnts. <br /> 21. Mediation/Arbitration. Any provision !or mediation <br /> and arbitration cannot ba passed on tea State agencies. <br /> 17, tandtilisr S_31. According to the DOA, the general <br /> practice in disposing oY infected plants is to cut the papaya <br /> tree down to a stump, ahemieally treat the stump, and chop up <br /> and spread the remainder o! the plant. Ones the tree is out, <br /> the virus is contained as long as the stump is treated ao that <br /> no regrowth cnn occur of the infected punt. The chopped up <br /> plants do not present any risx o! further disease spread. This <br /> provision should include this general practice as a permitted <br /> activity. <br /> 14. M~taoa of Tarminntion tbV Lessee): 5.32tb). The <br /> provision o! 18o days !or the lessee to give notice o! <br /> tormination to the iaseor is too long in the case o! an <br /> unoontrollabla infestation of the disease. Wa would suggest a <br /> period of sixty (60) days instead. <br /> 16. u~,,,_p„bs_titLtions 3.32te). Tha DOA Objects t0 this <br /> provisien as an unreasonable restriction. <br /> 16. As}•~cnment: !s.±s. The revisions to this provisien <br /> era acceptable. <br /> 17. Fair Market Va~L+e of the Premises: 7.04fa). Any <br /> agreement as tv the fair market value of the premises is <br /> premature and inappropriate at this time. <br /> 08/29/97 13:45 TX/RX N0.5271 P.004 <br /> <br />