FS_LEASE_(40_N_CENTER_ST_STE_100)_MCSO_SVU_02.13.23_FINAL.DOCX.PDF
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LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is entered into by and between PEPPER PLAZA,
LLC, an Arizona limited liability company ("Landlord"), and Maricopa County, a political
subdivision of the State of Arizona ("Tenant").
Landlord owns that certain office building (the "Building") located at 40 N CENTER ST,
MESA, AZ 85201 (the "Property"), as graphically depicted on Exhibit "A," attached hereto and by
this reference made a part hereof. Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord for the Term and upon the conditions and agreements set forth in this Lease, a portion of
the Property known as Suite 100 (the "Premises"). The gross square footage (SF) of the Premises is
3,025 SF.
1.
TERM, POSSESSION AND TERMINATION
(a)
Term. Subject to the other provisions hereof, this Lease shall be for a term of five
(5) years commencing on the date of Substantial Completion of the Landlord Improvements or
April 1, 2023, whichever is later ("Commencement Date") and expiring on March 31, 2028
("Expiration Date"). Such term, as it may be modified, is herein called the "Term".
(b) Option to Renew. Upon mutual written agreement, the Term of this Lease may be
extended for two (2) additional periods of five (5) years each (each a “Renewal Term”). To
exercise a Renewal Term, Tenant shall give Landlord written notice of its intent to renew at least
ninety (90) days prior to the expiration of the Term or Renewal Term, as the case may be. The
terms, conditions and obligations of Landlord and Tenant herein contained shall apply to the
extended Term except as said terms relate to the amount of Base Rent to be paid. Upon mutual
written agreement, to extend the Term, the Base Rent to be paid by Tenant for such extension
Term shall, commencing with the first Lease Year of each such extension, be adjusted to an amount
equal to 103% of the previous year’s Base Rent amount. The new Base Rent for each subsequent
year of such extension Term shall be adjusted on an annual basis at 103% of the previous year’s
Base Rent.
(c)
Possession. Tenant may take possession of the Premises on the Commencement
Date, subject to the mutual execution of this Lease and upon Landlord’s receipt of (i) payment of
all sums required as shown under the signatures of this Lease, and (ii) copies of the insurance
certificates required by Tenant under Section 8, below. Tenant shall have access to the Building
and Premises 24 hours per day/7 days per week, subject to the terms of this Lease and such security
or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in
procedures and/or presentation of identification cards.
(d)
Conflicts. This Lease is subject to A.R.S. § 38-511 and may be canceled by Tenant
pursuant thereto without any penalty or liability to Tenant.
(e)
Non-Appropriation of Funds. This Lease may be terminated by Tenant at the end
of any fiscal year due to non-appropriation of funds. County’s fiscal year ends June 30th. State and
Federal fiscal year ends September 30th. Landlord and/or any of its employees, agents, officers,
directors, members, successors or assigns hereby waives any and all rights to bring any claim
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against County or its employees, agents, officers, directors, members, successors or assigns from
or relating in any way to County’s termination of this Lease pursuant to Sections 1(d) and 1(e).
2.
RENT
(a)
Base Rent. Within thirty (30) days after receipt of a monthly invoice emailed to
mcso_accounts_payable@mcso.maricopa.gov, Tenant, in consideration for this Lease, agrees to
pay to Landlord, as full service gross rent, monthly base rent ("Base Rent") per month, as follows:
Lease Year / Months
Base Rent
1 / Commencement Date – March 2024
*$5,924.00 plus rental tax
2 / April 2024 – March 2025
$ 6,102.00 plus rental tax
3 / April 2025 – March 2026
$ 6,285.00 plus rental tax
4 / April 2026 – March 2027
$ 6,473.00 plus rental tax
5 / April 2027 – March 2028
$ 6,677.00 plus rental tax
*If the Commencement Date is later than April 1, 2023, the Base Rent for the first month
shall be prorated.
The above rates include all operating expenses. Tenant shall not be subject to any additional
expense pass-through during the Term of this Lease.
(b)
"Lease Year" and "Month" Defined. As used in this Lease, "Lease Year" shall
mean the twelve (12) month period beginning on the Commencement Date, except in the event
that the Commencement Date occurs on a date other than the first day of a month, the first Lease
Year shall commence on the first day of the month following the Commencement Date. The term
"month" shall mean any full or partial calendar month within the Lease.
(c)
Operating Expenses. All operating expenses provided to the Building, Premises,
and Common Areas, including but not limited to, property management, security, insurance,
property taxes, electricity, HVAC, gas, water, sewer and trash removal, building-standard
janitorial and other Building maintenance services, are the sole responsibility of Landlord and are
included in the full-service rent set forth above.
(d)
Late Payment Fee. In the event any monthly payment of Rent is not paid when due
or within five (5) days thereafter, Tenant shall pay to Landlord a late payment fee in the amount
of five percent (5%) of the unpaid monthly installment.
(e)
Security Deposit. No security deposit is required.
3.
USE
(a)
Permitted Use. Tenant shall use and occupy the Premises only for general office
purposes, to the extent permitted under the existing zoning ordinance of the City of Mesa (without
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requirement for a special use permit) and shall use the Premises for no other purpose whatsoever
without Landlord's prior written consent which may be given or withheld in Landlord’s sole
discretion.
(b)
Restrictions:
(i) Tenant shall refrain from using or permitting the use of the Premises or any
portion thereof as living quarters, sleeping quarters or lodging rooms.
(ii) Tenant shall not use the Premises for storage or a warehouse purpose beyond
such use as is reasonably required in connection with the operation of Tenant’s office practice.
(c)
Compliance with Laws. Tenant, at Tenant's expense, shall comply with all present
and future federal, state, and local laws, ordinances, orders, rules and regulations, including,
without limitation, the Americans with Disabilities Act (collectively, "Laws"), and shall procure
all permits, certificates, licenses and other authorizations, if any, required by applicable Law
relating to Tenant's business or Tenant's use or occupancy of the Premises or Tenant's activities on
the Premises. Tenant shall make all reports and filings required by applicable Laws. Tenant shall
defend, indemnify and hold harmless Landlord and Landlord's present and future employees,
partners and agents from and against all claims, demands, liabilities, fines, penalties, losses, costs
and expenses, including but not limited to costs of compliance, remedial costs, and reasonable
attorneys' fees, arising out of or relating to any failure to Tenant to comply with applicable Laws.
(d)
Hazardous Materials. As used in this Lease, the term "Hazardous Material"
means any flammable items, explosives, radioactive materials, hazardous wastes or materials,
toxic substances, material or waste or other similar substances, petroleum products or derivatives
or any substance subject to regulation by or under any federal, state and local laws and ordinances
relating to the protection of the environment or the keeping, use or disposition of environmentally
hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all
amendments to any of them, and all rules and regulations issued pursuant to any of such laws or
ordinances (collectively, "Environmental Laws"). Tenant shall not cause or permit any
Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of
in or about the Property by Tenant, its agents, employees, contractors, sublessees or invitees
without the prior written consent of Landlord and without ensuring that Tenant has the proper
mechanisms for the use and proper handling of said products. Landlord shall be entitled to take
into account such other factors or facts as Landlord may reasonably determine to be relevant in
determining whether to grant or withhold consent to Tenant’s proposed activity with respect to
Hazardous Material. In no event, however, shall Landlord be required to consent to the installation
or use of any storage tanks on the Property. Notwithstanding the foregoing, Tenant may handle,
store, use or dispose of products containing small quantities of Hazardous Materials (such as
aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the
extent customary and necessary for the use of the Premises for general office purposes; provided
that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe
and lawful manner and never allow such Hazardous Materials to contaminate the Property and
appurtenant land or the environment.
(e)
Indemnity. Tenant shall Indemnify Landlord against and hold Landlord harmless
from any and all costs, claims or liability arising from: (i) Tenant's use of the Premises; (ii) the
conduct of Tenant's business or anything else done or permitted by Tenant to be done in or about
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the Premises, including any contamination of the Premises or any other property resulting from
the presence or use of Hazardous Material caused or permitted by Tenant; (iii) any breach or
default in the performance of Tenant's obligations under this Lease; (iv) any misrepresentation or
breach of warranty by Tenant under this Lease; or (v) other acts or omissions of Tenant. Tenant
shall defend Landlord against any such cost, claim or liability at Tenant's expense with counsel
reasonably acceptable to Landlord or, at Landlord's election, Tenant shall reimburse Landlord for
any legal fees or costs incurred by Landlord in connection with any such claim. As a material part
of the consideration to Landlord, Tenant assumes all risk of damage to property or injury to persons
in or about the Premises arising from any cause, and Tenant hereby waives all claims in respect
thereof against Landlord, except for any claim arising out of Landlord's gross negligence or willful
misconduct. As used in this Section, the term "Tenant" shall include Tenant's employees, agents,
contractors and invitees, if applicable.
(f)
Indemnification. Each Party (as “indemnitor”) agrees to indemnify, defend and
hold harmless the other Party (as “indemnitee”) from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorneys’ fees) (hereinafter collectively referred
to as “claims”) arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such claims are caused by the willful misconduct or gross negligence of
the indemnitor, its officers, officials, agents, employees, or volunteers.
4.
TAXES; COMMON AREAS; USE
(a)
Taxes. Landlord shall pay, in full and prior to delinquency, all real property taxes,
assessments, and common area assessments assessed against or levied upon the Premises. Tenant
shall pay, in full and prior to delinquency, all taxes and assessments assessed upon Tenant's
fixtures, furnishings, equipment and other personal property located in or upon the Premises. In
the event any or all of Tenant's fixtures, furnishings, equipment, and other personal property shall
be assessed and taxed with the real property, Tenant shall pay to Landlord Tenant's share of the
taxes within thirty (30) days after delivery to Tenant by Landlord of a statement in writing setting
forth the amount of the taxes applicable to Tenant's personal property.
(b)
Common Areas. As used in this Lease, "Common Areas" shall mean all areas
within the Property which are available for the common use of tenants of the Property and which
are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to
entry lobby, hallways, corridors, stairwells, elevator, restrooms, sidewalks, loading areas,
landscaping and planted areas.
(c)
Use of Common Areas. Tenant shall have the nonexclusive right (in common with
other tenants and all others to whom Landlord has granted or may grant such rights) to use the
Common Areas for the purposes intended, subject to such reasonable rules and regulations as
Landlord may establish from time to time. Tenant shall abide by such rules and regulations and
shall cause others who use the Common Areas with Tenant's express or implied permission to
abide by Landlord’s rules and regulations. At any time, Landlord may close any Common Areas
to perform any acts in the Common Areas as, in Landlord's judgment, are desirable to improve the
Property, provided however, that such closure shall not interfere with Tenant’s use of the Premises.
Tenant shall not interfere with the rights of Landlord, other tenants or any other person entitled to
use the Common Areas.
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(d)
Maintenance of Common Areas and Property. Landlord shall maintain the
Common Areas and the Property in good order, condition and repair and shall operate the Property,
as a commercial office building. Landlord may cause any or all of such services to be provided by
third parties.
5.
UTILITIES & SERVICES
Landlord shall be solely responsible for arranging for, subscribing for and paying directly
for all utilities provided to the Premises (including, but not limited to, electricity, water, sewer,
gas, and garbage collection). Tenant shall be solely responsible for arranging for, subscribing for
and paying directly for all other services it desires to the Premises including, but not limited to,
Internet, telephone, fax services, suite security, and janitorial, which Tenant shall cause to be
established in Tenant’s name and billed directly to Tenant.
6.
REPAIR AND MAINTENANCE
Landlord will maintain and repair the foundation, ballasts and air filters, exterior walls,
mechanical, heating, cooling, HVAC, structural elements and roof of the Building and Premises,
at Landlord’s sole cost and expense. Landlord shall maintain the structure of the Building and
Premises in good repair, maintain in good condition, replace when necessary and shall correct any
hazardous conditions existing as the result of any structural defect or unsoundness and any unsafe
condition. The term “structure” as used herein, includes walls, roofs, floors, foundations, stairways
and exterior walls and sidewalks. Landlord shall also keep all utility systems serving the Building
and Premises, as well as keep all Building mechanical, plumbing, electrical, HVAC systems
operating and in a state of good repair. Landlord will also maintain, repair and replace the Common
Areas, and the common mechanical, heating, cooling, HVAC, and structural elements leading
through or serving the Common Areas, the Premises and serving other parts of the Building.
Landlord shall further keep the exterior grounds and all Common Areas clean and free from trash
and other rubbish. Landlord will keep all elevators (including freight) in good working order with
regular maintenance and capital upgrades as needed. Landlord and its designees may enter the
Premises at reasonable hours, upon prior notice to Tenant, to accomplish this purpose, and
Landlord will use its best efforts to schedule such repair work with Tenant so as not to disrupt
Tenant’s business by reason of Landlord’s actions in fulfilling its obligations. Notwithstanding the
foregoing, Tenant shall be responsible for any such repairs caused by the acts or omissions of
Tenant, its agents, employees, invitees or licensees.
7.
CONDITION OF PROPERTY; ALTERATIONS AND LIENS
(a)
Landlord’s Work. Before the Commencement Date, using building standard
materials and finishes, Landlord, at Landlord’s expense, shall (i) replace all current carpet/flooring
with new flooring as approved by Tenant; (ii) remove (1) all wallpaper; (2) built-in work stations,
(3) wall coping, and (4) conference room cabinetry/soffit; (iii) install new light fixtures; (iv)
remove the wall between the big office and adjacent workstation and create three (3) separate
offices, and (v) repaint the Premises with a neutral color paint (collectively, the "Landlord
Improvements").
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(b)
As Landlord is not a licensed contractor, Landlord shall retain an appropriately
licensed contractor (the “Contractor”) to complete the Landlord Improvements. Landlord shall
pay the Contractor directly for the Landlord Improvements and administer said contract in
accordance with Landlord’s standard procedures and prudent project management.
(c)
Landlord, at its sole cost and expense, shall, if required, produce construction plans
for the Landlord Improvements, submit the plans to all required permitting agencies with
jurisdiction and obtain all required permits and approvals for construction of the Landlord
Improvements. Landlord shall be solely responsible for identifying all required permits and
approvals.
(d)
All Landlord Improvements and construction shall be performed in a good and
workmanlike manner in full compliance with all applicable federal, state and local rules,
regulations, codes and ordinances including, but not limited to, health, building, zoning, fire and
safety codes, all applicable environmental statutes, regulations and ordinances, the Americans with
Disabilities Act of 1990, A.R.S. §§ 9-499.02, 41-1492 through 41-1492.11, the Architectural
Barriers Act of 1968, and the Uniform Federal Accessibility Act of 1983. Landlord shall also
ensure that all activities (operations and/or construction) are in compliance with all applicable
federal, state and local air quality and environmental laws, regulations or policies.
(e)
All construction materials shall be new and shall be subject to industry standard
warranties. Upon completion of the Landlord Improvements, Lessor shall obtain final building
inspections and approvals if required and a certification from the architect that all such work was
constructed in substantial conformity with the applicable plans and specifications if required.
Notwithstanding the foregoing, Landlord shall undertake to remedy, at no expense to Tenant, those
building code violations or other violations of applicable law (if any) resulting from Landlord’s
failure to initially construct the Landlord Improvements in accordance with applicable building
codes and other applicable laws in effect at the time of permit issuance, of which violations
Landlord receives a written violation notice from Tenant or any governmental authority.
(f)
Prior to the commencement of the Landlord Improvements, Landlord shall ensure
Contractor has purchased, and maintains throughout construction, all standard insurance coverage
at levels standard in the industry from a company or companies duly licensed by the State of
Arizona and require any subcontractors to maintain equivalent insurance based in their trade and
participation in the work.
(g)
NOTICE IS HEREBY PROVIDED that the staff of Maricopa County Sheriff’s
Office and/or Real Estate Departments do not have the authority to perform technical review or
approval of any plans or work performed to construct the Landlord Improvements. Landlord also
acknowledges that the staff of Maricopa County Sheriff’s Office and/or Real Estate Departments
do not have the authority or ability to issue permits or licenses that may be required to be obtained
pursuant to this Lease or other permitting or licensing agency requirements, and the determination
of whether Landlord is in compliance with the permitting and licensing requirements lies with the
respective permitting or licensing agency. The execution of this Lease shall not be considered
approval of any permit or license by Maricopa County.
(h)
The term “Substantially Completed or Substantial Completion” or any grammatical
variation thereof, when used in this Lease, shall mean that the Landlord Improvements have been
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completed and notice delivered to Tenant that the Landlord Improvements are Substantially
Completed.
(i)
Within ten (10) business days after notice of Substantial Completion of the
Landlord Improvements, or a portion thereof, Tenant shall supply to Lessor a written list of items
that constitute minor defects or adjustments which can be completed after Substantial Completion
of the Landlord Improvements without causing any material interference with Tenant’s use of the
Premises (the “Punch List Items”), setting forth all corrective work to the Landlord Improvements
which Tenant reasonably believes is/are required to be performed. Landlord shall perform all such
corrective work and complete the Punch List Items within the later of thirty (30) calendar days
from receipt of the written list or April 30, 2023. If Tenant does not provide written Punch List
Items within such ten (10) business day period, Tenant shall be deemed to have accepted the
Landlord Improvements in their entirety.
(j)
Tenant
hereby
designates
Seth
Bouman,
who
can
be
reached
at
Seth.Bouman@Maricopa.Gov or by phone at 602-372-0563, as its representative and agent for
the purpose of receiving notices, reviewing submittals and issuing requests for changes to the
proposed Landlord Improvements and for Tenant review of the Landlord Improvements. Landlord
hereby designates Richard White, who can be reached at rwhite@jacksonwhitelaw.com or by
phone at 602-418-5453, as its representative and agent for the purpose of receiving notices,
reviewing submittals and requests for changes to the proposed Landlord Improvements.
(k)
Condition of Premises. Upon possession of the Premises, Landlord makes no
warranty or representation whatsoever with respect to the suitability of the Premises for Tenant's
use.
(l)
Alterations and Liens. Tenant shall not make or suffer to be made any alterations,
additions, or improvements to the Premises ("Tenant Alterations"), without the prior written
consent of Landlord which may be given or withheld in Landlord’s sole discretion except badge
readers that Landlord hereby consents to Tenant installing both at front entry door and the back
exit door of the of the Premises. Upon termination or expiration of the Lease, Tenant may leave
such badge readers or remove them, at Tenant’s sole discretion. Any request by Tenant to Landlord
for Tenant Alterations shall be submitted to Landlord at least thirty (30) days prior to the
anticipated commencement of the construction or installation of such Tenant Alterations. Landlord
shall have up to fourteen (14) days to approve or disapprove such request or make comments to
the submitted plans. If and to the extent approved by Landlord, all Tenant Alterations shall be paid
for in full by Tenant at Tenant’s sole expense, and performed, installed, and constructed by a
contractor reasonably acceptable to and approved in advance by Landlord. Tenant shall not permit
any mechanic's or materialmen's lien to stand against the Premises and Tenant shall cause any such
lien to be discharged (by bonding or otherwise) within ten days after demand by Landlord, and if
it is not discharged within ten days, Landlord may pay or otherwise discharge the lien and
immediately recover all amounts so expended from Tenant as additional rent. All alterations and
improvements shall be constructed of new materials, in a good workmanlike manner, in
accordance with applicable laws and codes, including without limitation the Americans with
Disabilities Act. Upon the expiration or sooner termination of the Term, Renewal Term or of
Tenant's right to possession, Tenant may, in its sole discretion, abandon any improvements made
by or behalf of Tenant or remove said improvements and restore the Premises to a condition
reasonably comparable to their condition on the Commencement Date of the Lease.
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Notwithstanding the above, Tenant shall have the right, at its sole cost and expense to repaint the
interior walls of the Premises with the prior written approval of the Landlord as to the color
selection.
(m)
Surrender of Premises. At the expiration or earlier termination of this Lease, Tenant
shall surrender the Premises to Landlord broom clean, with Tenant’s signs and other personal
property removed and in the same condition as when tendered by Landlord, reasonable wear and
tear excepted. Tenant may, in its sole discretion, abandon any improvements made by or behalf of
Tenant or remove said improvements. Tenant shall promptly remove Tenant's signs, furniture,
trade fixtures, and other personal property within the Premises no later than such expiration or
termination. Tenant's failure to remove any of Tenant's signs, furniture, trade fixtures and other
personal property within ten (10) days after such expiration or termination shall be deemed an
abandonment to Landlord of same and, if Landlord elects to remove all or any part of said signs,
furniture, trade fixtures and other real or personal property, such removal, including the cost of
repairing any damage caused by or resulting from such removal, shall be paid by Tenant. Any
property of Tenant left in or about the Premises or the Property after the expiration or other
termination of this Lease shall be deemed abandoned and Landlord may retain or dispose of same
and Tenant shall pay all costs of disposal upon demand.
8.
DAMAGE TO PROPERTY; INJURY TO PERSONS; INSURANCE
(a)
Tenant's Insurance. During the Term, the Tenant shall, at Tenant's expense, maintain
with an insurance carrier authorized to do business in Arizona (i) commercial general liability
insurance against claims for personal injury, death or property damage occurring in, upon or about
the Premises with a combined single limit or equivalent in an amount not less than $1,000,000.00,
and (ii) workers' compensation insurance as provided by law. Tenant's policies of liability insurance
shall name Landlord as an additional insured and may be in the form of a blanket liability policy.
Certificates of Insurance for the insurance required to be carried by Tenant under this Section 8
shall be delivered to Landlord on an annual basis. Each policy shall contain an endorsement
prohibiting cancellation or non-renewal without at least thirty (30) days prior notice to Landlord.
(b)
Landlord’s Insurance. Landlord shall, during the Term of this Lease, keep in full
force and effect (i) a policy of public liability, personal injury, and property damage insurance with
respect to the Premises, in which Landlord will be named as party covered thereby, (ii) insurance
for fire and special extended coverage, insuring the improvements located within the Building
including the Premises and all appurtenances thereto (excepting Tenant’s merchandise, trade
fixtures, furnishings, operating equipment and personal property) for the full insurable value
thereof, such insurance coverage to include improvements provided by Landlord and Tenant
(except those items which Tenant is required to insure pursuant to Section 8(b)), and (iii) at
Landlord’s option, such insurance coverage may include rental insurance. Landlord shall not be
liable to Tenant for any loss or damage suffered by Tenant which is not covered by such insurance
(including without limitation, the amount of any such deductibles). All such insurance maintained
by Landlord shall be in amounts and deductibles as Landlord’s sole and absolute discretion. Tenant
shall not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about the
Premises which will contravene Landlord’s policies insuring against loss or damage by fire or
other hazards (including, without limitation, public liability), or which will prevent Landlord from
procuring such policies in companies acceptable to Landlord. If anything is done, omitted or to be
done or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about
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the Premises, which will cause the rate of fire or other insurance on the Leased or other property
of Landlord in companies acceptable to Landlord to be increased beyond the minimum rates from
time to time applicable to the Premises for the use permitted under this Lease or to any other
property for the use or uses made thereof, then Tenant will pay the amount of any increases.
9.
FIRE AND CASUALTY
If the Premises are wholly or partially destroyed or damaged by fire or other casualty,
Landlord shall have no obligation to restore the Premises or to restore or replace any of Tenant's
fixtures, furnishings, equipment, or personal property. In the event Landlord chooses to rebuild
the portion of the Premises destroyed by such casualty, this Lease shall continue in full force and
effect, provided that Rent during such rebuilding shall be abated in proportion to the percentage of
the Premises destroyed or unusable. If Landlord chooses not to rebuild the portion of the Premises
destroyed by such casualty, either party shall have the right to terminate this Lease upon thirty (30)
days prior written notice to the other party.
10.
CONDEMNATION
In the event any portion of the Premises shall be appropriated, condemned or taken under
the power of eminent domain, this Lease shall not automatically terminate, but shall be valid for
and so long as its Term, unless terminated by one of the parties in accordance with the provisions
set forth herein; provided, however, if more than 20% of the Premises should be taken for any
public or quasi-public use, by right of eminent domain or otherwise, or should be sold in lieu of
condemnation, then either party hereto shall have the right, at its option, to terminate this Lease as
of the date when physical possession of the Premises is taken by the condemning authority. All
amounts awarded upon taking of any part or all of the Premises shall belong to Landlord and
Tenant shall not be entitled to, and expressly assigns all claims, rights and interests to, any such
compensation to Landlord.
11.
ASSIGNMENT AND SUBLETTING
Tenant shall not in any circumstances, either voluntarily or by operation of law, merger,
sale, pledge, or transfer of stock or other equity interest, or otherwise, assign, hypothecate or
transfer this Lease, or sublet the Premises or any part thereof, or permit the Premises or any part
thereof to be occupied by anyone other than Tenant or Tenant's Parties, without in each and every
instance, Landlord’s prior written approval, which may be given or withheld in Landlord’s sole
discretion. Any assignment, mortgage, transfer, or subletting of this Lease in violation of the
provisions of this Article shall be void, shall constitute a default under this Lease, and shall, at the
option of Landlord, terminate this Lease.
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12.
DEFAULT AND REMEDIES
(a)
Tenant Events of Default. The following shall constitute Tenant Events of Default:
(i)
Tenant's failure to pay Rent or any other amount due under this Lease,
where such failure shall continue for a period of ten (10) business days after Tenant receives
written notice thereof from Landlord; or
(ii)
Tenant abandons the Property and fails to retake possession within ten (10)
business days after Tenant receives written notice from Landlord or if Tenant's vacation of the
Property results in the cancellation of any insurance described in Section 8.
(iii)
Tenant's failure to perform any other obligation under this Lease, other than
as described in Subsection 12(a)(i), where such failure shall continue for a period of thirty (30)
days after Tenant receives written notice thereof from Landlord; provided, however, that if the
breach is of such a nature that it cannot be cured within thirty (30) days, Tenant shall be deemed
to have cured if cure is commenced promptly (which, in no event shall be later than thirty (30)
days following notice of nonperformance) and diligently pursued to completion.
(b)
Landlord Remedies. Upon the occurrence of any Tenant Event of Default,
Landlord may terminate this Lease. Further, upon any occurrence of any Tenant Event of Default
and at any time thereafter, Landlord may, but shall not be required to, exercise any remedies now
or hereafter available to Landlord at law or in equity.
(c)
Landlord Events of Default. The following shall constitute Landlord Events of
Default:
(i)
Landlord’s failure to perform any obligation under this Lease when due,
where such failure shall continue for a period of thirty (30) days after Landlord receives written
notice thereof from Tenant; provided, however, that if the breach is of such a nature that it cannot
be cured within thirty (30) days, Landlord shall be deemed to have cured if cure is commenced
promptly (which, in no event shall be later than thirty (30) days following notice of
nonperformance) and diligently pursued to completion; and provided further, that in the event of
a breach involving an imminent threat to health or safety, Tenant may in its notice of breach reduce
the period for cure to such shorter period as may be reasonable under the circumstances.
(ii)
Tenant Remedies. In the event Landlord fails to perform any of its
obligations under this Lease and/or is in default under this Lease, Tenant may, at its option,
terminate this Lease without penalty. Further, upon the occurrence of any Landlord Event of
Default and at any time thereafter, Tenant may, but shall not be required to, exercise any remedies
now or hereafter available to Tenant at law or in equity.
(d)
Cumulative Remedies. All rights, options and remedies of Landlord and Tenant
contained in this Lease shall be construed and held to be cumulative, and no one of them shall be
exclusive of the other, and Landlord and Tenant shall have the right to pursue any one or all of
such remedies or any other remedy or relief which may be provided by law, whether or not stated
in this Lease. No waiver of any default of Landlord or Tenant hereunder shall be implied from any
acceptance by Tenant or Landlord of any rent or other payments due hereunder or any omission
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by Tenant or Landlord to take any action on account of such default if such default persists or is
repeated, and no express waiver shall affect defaults other than as specified in said waiver. The
consent or approval of Landlord or Tenant to or of any act by Tenant or Landlord requiring the
other party’s consent or approval shall not be deemed to waive or render unnecessary consent or
approval of the other party to or of any subsequent similar acts by Tenant.
13.
NO WAIVER; EFFECT OF PAYMENTS.
Landlord’s acceptance of any overdue rate, late fee or other interest shall not constitute a
waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising
any of the other rights and remedies available to Landlord under this Lease or any law now or
hereafter in effect. The waiver by Landlord of any breach or default under any of the terms and
conditions in this Lease shall not be deemed to be a waiver of such Term, covenant, or condition
or of any subsequent breach or default of the same or under any of the terms and conditions
contained in this Lease. The subsequent acceptance of rent by Landlord shall not be deemed to be
a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Lease,
regardless of Landlord’s knowledge of such preceding breach or default at the time of acceptance
of Rent. No term, covenant or condition of this Lease shall be deemed to have been waived by
Landlord unless such waiver is in writing executed by Landlord. No payment by Tenant or receipt
by Landlord of a lesser amount than the amount then due shall be deemed to be other than on
account of the earliest stipulated Rent or additional rent due, nor shall any endorsement or
statement on any check or money order or any letter accompanying any check or money order or
any letter accompanying any check or money order or other payment be deemed an
acknowledgment of full payment or as an accord and satisfaction, and Landlord may accept and
cash any check, money order or other payment without prejudice to or waiver of Landlord’s right
to recover the balance of the Rent or other sum due and pursue any other remedy provided for in
this Lease or otherwise at law or in equity.
14.
HOLDING OVER.
In the event of expiration of the Lease without renewal, Landlord hereby grants to Tenant
the right of continued occupancy of the Premises as “hold over tenant” on a “month to
month” basis for up to six (6) months at the lease rate in effect for the last month of the
current term of the Lease pursuant to the terms, provisions and conditions of this Lease.
Any holdover after this six-month period shall be at one hundred and fifty percent (150%)
of the last month’s rent.
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15.
ESTOPPEL CERTIFICATE AND SUBORDINATION
(a)
Subordination and Attornment. Within forty-five (45) days after written request of
the Landlord, Tenant will subordinate its rights, in writing in substantially the same form as
Exhibit B, attached hereto and by this reference made a part hereof, hereunder to the lien of any
mortgage now or hereafter in force against the Property or any portion thereof, and to all advances
made or hereafter to be made upon the security thereof, and to any ground or underlying lease of
the Property provided, however, that in such case the holder of such mortgage, or the lessor under
such agreement shall agree that this Lease shall not be divested or in any way affected by
foreclosure, or other default proceedings under said mortgage, obligation secured thereby, or lease,
so long as the Tenant shall not be in default under the terms of this Lease. Landlord agrees that
this Lease shall remain in full force and effect notwithstanding any such default proceedings under
said mortgage or obligation secured thereby.
(b)
Estoppel Certificates. Within forty-five (45) days after written request from
Landlord, Tenant shall execute and deliver to Landlord a written statement in substantially the
same form as Exhibit C, which is attached hereto and made a part hereof, certifying: (a) that the
Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating
the modifications; (b) the amount of base consideration and the date to which the base
consideration and additional consideration have been paid in advance; (c) the amount of any
security deposited with Landlord; and (d) that Landlord is not in default hereunder or if Tenant is
claiming Landlord to be in default, stating the nature of any claimed default. Any such statement
may be relied upon by a purchaser, assignee, or lender.
16.
NUISANCE AND PEACEFUL ENJOYMENT
So long as there is not in existence a default under the Lease on the part of Tenant, Tenant
shall quietly have, hold and enjoy the Premises during the Term and Renewal Term, subject to the
terms and provisions of the Lease.
17.
LANDLORD ACCESS
Landlord hereby reserves the right to inspect the Premises at such times as Landlord deems
appropriate and shall have full right of access to the Premises at all times with at least 48-hour
prior notice (which may be verbal), including current copies of any and all keys and alarm codes,
provided, however, that Tenant must be present at such time of access. In the event any locks or
alarm codes are changed or modified by Tenant, Tenant shall promptly notify Landlord and shall
provide Landlord with a copy of the new key or alarm code. Landlord shall have the right to enter
the Premises with 48-hour notice either personally or by designated representative at all reasonable
times for the purpose of examination or inspection, and showing the Premises to prospective
purchasers or lessees, and, during the last ninety (90) days of the Term, to post within or on the
Premises signs indicating the availability of the Premises for Lease.
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18.
PARKING; SIGNAGE; SMOKING
(a)
Parking. All parking located adjacent to or near the Property is owned by the City
of Mesa (the "City") and is subject to all rules and regulations of the City. The Downtown Mesa
Association (the "DMA") manages the parking for the City. Landlord shall provide three (3)
covered parking spaces in the parking garage located at 30 W Pepper Pl, for Tenant’s exclusive
use at no cost to Tenant subject to requirements of the DMA. All other parking for the Premises
shall be coordinated and confirmed with the DMA and shall be at Tenant’s sole cost and expense.
Tenant shall comply with all rules and regulations of the City and/or DMA for any parking areas
and shall hold Landlord harmless from and against any loss, cost, damage, injury (including bodily
injury) or expense suffered by Tenant, its agents, contractors, employees, or invitees resulting from
the use of the parking areas by any of those persons.
(b)
Signage. Landlord, at Landlord’s sole expense, shall install signage on the lobby
directory(ies) of the Building in Tenant’s name. Tenant shall have the right, at Tenant’s sole
expense, to place signage on the sidelight of the entrance to the Premises for Tenant. Landlord
shall have the exclusive right to use the roof and Tenant shall not affix any sign, aerial or other
equipment or improvement on or to the roof of the Premises. All signage except on the lobby
directory shall be at the sole cost and expense of Tenant and all signage is subject to Landlord’s
review and final written approval, which approval shall not be unreasonably withheld, conditioned,
or delayed, and must comply with variance granted by the local governing authority.
(c)
Smoking. Smoking is prohibited within the Premises and within 20’ of any
entrance to the Premises pursuant to the provisions of A.R.S. § 36-601.01. Tenant acknowledges
the requirements of said provisions and shall insure that its customers, employees, clients, and
invitees adhere thereto.
19.
NOTICES
All notices to be given by one party to the other under this Lease shall be in writing, faxed,
mailed or delivered to each at the facsimile number or address set forth at the end of this Lease or
at a changed address if notice of the change is given to the other party in writing, by facsimile,
certified mail, return receipt requested, posted prepaid, or by a nationally recognized overnight
courier service (e.g. Federal Express, DHL), or personally delivered to each. Notice shall be
deemed to have been given as of the date of delivery, if sent by facsimile, hand or courier delivered
(including Federal Express or other established overnight service which obtains a signed receipt
upon delivery), or as of three (3) days after the date of mailing if mailed certified, return receipt
requested, postage prepaid. Any party hereto may change its address for the purpose of receiving
notices or demands as herein provided by a written notice given in the manner aforesaid to the
other party hereto, which notice of change of address, shall not become effective, however, until
the actual receipt thereof by the other party.
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Landlord:
The Pepper Plaza, LLC
Attn: Richard White
40 North Center St
Suite 200
Mesa, AZ 85201
Phone: 602-418-5453
Tenant:
Maricopa County Sheriff’s Office
Attn: Section Commander Special Victims Unit
550 W. Jackson Street
Phoenix, AZ 85003
With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, Arizona 85009
20.
BROKER
Landlord represents and warrants to Tenant, and Tenant represents and warrants to
Landlord, that no broker or finder has been engaged by them in connection with any of the
transactions contemplated by this Agreement except for a commission payable by Landlord
pursuant to a separate agreement with COBE Real Estate, Inc. ("Landlord’s Broker"), Tenant is
unrepresented. Landlord and Tenant shall each indemnify, defend and hold harmless the other for,
from and against any and all damages, losses, costs, expenses (including, but not limited to, court
costs and reasonable attorneys’ fees), and liability arising from any claim, demand, or suit by any
broker or finder, for commissions or finder’s fees or for any similar charge because of any act of
such indemnifying party or its representatives.
21.
GENERAL PROVISIONS
(a)
Force Majeure. This Lease and the obligations of either party hereunder shall not
be affected or impaired because the other party is unable to fulfill any of its obligations hereunder
or is delayed in doing so if such inability or delay is caused by reason of any strike, lockout, civil
commotion, war-like operations, invasion, rebellion, hostilities, military or usurped power,
sabotage, governmental regulations or controls, inability to obtain any material, service or
financing, Act of God or other cause beyond the control of such party.
(b)
Captions. The article captions contained in this Lease are for convenience only and
shall not be considered in the construction or interpretation of any provision.
(c)
Integration. This Lease contains all of the agreements of the parties hereto with
respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding
pertaining to any matter shall be effective for any purpose. No provision of this Lease may be
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amended or added to except by an agreement in writing signed by the parties hereto or their
respective successors in interest.
(d)
No Offer. Submission of this instrument for examination shall not bind Landlord
in any manner, and no Lease or obligations of Landlord shall arise until this instrument is signed
and delivered by Landlord and Tenant.
(e)
No Waiver. No waiver by Landlord or Tenant of any provision of this Lease or any
breach by Landlord or Tenant hereunder shall be deemed to be a waiver of any other provision
hereof, or of any subsequent breach by Landlord or Tenant of the same or any other provision.
Either party’s consent to or approval of any act by the other party requiring consent or approval
shall not be deemed to render unnecessary the obtaining of consent to or approval of any
subsequent act, whether or not similar to the act so consented to or approved. No agreement to
accept a surrender shall be valid unless in writing and signed by Landlord and Tenant.
(f)
Deadlines. Time is of the essence of this Lease.
(g)
Counterparts. This Lease may be executed in counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same instrument.
(h)
Attorney’s Fees. In the event that either party bring suit against the other with
respect to matters arising from or growing out of this Lease, then the prevailing party shall be
entitled to reasonable attorney fees and costs as determined by the court.
(i)
Venue; Governing Law. The proper venue for any proceeding at law or in equity
or under the provisions for arbitration shall be Maricopa County, Arizona and the Lessor and
Lessee hereby waive any right to object to venue. The terms and provisions of this Lease shall be
governed and construed in accordance with the law of the State of Arizona.
(j)
Authority. Each person signing this Lease represents and warrants that he has the,
full power and authority to enter into and consummate the transactions contemplated hereby on
his own or on behalf of the company he represents, as appropriate. On or before the date of
execution by Landlord, any individual executing this Lease on behalf of Landlord shall provide
documentation as approved by Tenant that he/she is duly authorized to execute and deliver this
Lease on behalf of Landlord and that this Lease is binding on said entity in accordance with its
terms.
(k)
Electronic Signatures. This Agreement may be executed by providing an electronic
signature under the terms of the Electronic Signatures Act, 15 U.S.C. SS 7001 et. seq., and may
not be denied legal effect solely because it is in electronic form or permits the completion of the
business transaction referenced herein electronically instead of in person. The parties intend that
faxed signatures and electronically imaged signatures such as .pdf files shall constitute original
signatures and are binding on all parties.
(l)
Administration of Lease. The Assistant County Manager for Maricopa County,
and/or the Real Estate Director for Maricopa County shall administer this Lease, including
execution of documents.
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(m)
Certification Pursuant to A.R.S. § 35-394. Landlord warrants and certifies that it
does not currently, and agrees for the duration of Lease that it will not, use:
1. the forced labor of ethnic Uyghurs in the People's Republic of China.
2. any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
3. any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China.
If Landlord becomes aware during the term of the Lease that the Landlord is not in
compliance with this paragraph, the Landlord shall notify the Tenant within five (5) business days
after becoming aware of the noncompliance. Failure of Landlord to provide a written certification
that the Landlord has remedied the noncompliance within one hundred eighty (180) days after
notifying Tenant of its noncompliance, this Lease shall terminate unless the Term of this Lease
shall end prior to said one hundred eighty (180) day period.
(n)
Immigration. Landlord, for itself and all subcontractors, if any, shall comply and
warrants full compliance with all federal immigration laws and regulations that relate to their
employees, and their compliance with A.R.S. §23-214 et seq. A breach of this warranty shall be
deemed a material breach of this Lease that is subject to penalties up to and including termination
of this Lease. Tenant retains the right to inspect the papers of Landlord or sub-contractors’
employee(s) who work on the Building or Premises to ensure that the Landlord or subcontractor
is complying with the warranty provided above. The Landlord shall make all papers and
employment records of the said employee(s) available during normal working hours in order to
facilitate such an inspection. Nothing herein shall make any Landlord or subcontractor an agent or
employee of the Tenant.
(o)
E-Verify. The Landlord for itself and all subcontractors, if any, warrants that it
complies with verification of employment eligibility and E-Verify Program.
(p)
Certification Pursuant to A.R.S. §35-393.01. If Landlord engages in for-profit
activity and has ten (10) or more employees, and if this Lease has a value of one hundred thousand
dollars ($100,000) or more, Landlord certifies it is not currently engaged in and agrees for the
duration of this Lease to not engage in, a boycott of goods or services from Israel. This certification
does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50
U.S.C. § 4842.
(q)
Notice of Sale. If the Building is sold during the Term or any Renewal Term of the
Lease, Landlord shall notify Tenant in writing, via certified mail, within thirty (30) days of the
transfer date.
(r ) Partial Invalidity. If any term, covenant, condition or provision of this Lease is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
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provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
[SIGNATURES ON FOLLOWING PAGE(S)]
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the date
last written below.
LANDLORD:
PEPPER PLAZA, LLC an Arizona limited
liability company
By:
Name:
Its:
Date:
Address:
40 N Center St Ste 200
Mesa, AZ 85201
Fax:
Phone:
Email:
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TENANT:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: Clint Hickman
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney
TOTAL PAYMENT DUE ON COMMENCEMENT DATE BY TENANT TO LANDLORD:
1st Month’s Base Rent:
$ 5,924.00*
[Section 2(a)]
Rental Tax (2.5%):
148.10*
[Section 2(c)]
TOTAL DUE:
$6,072.10*
*If the Commencement Date is later than April 1, 2023, the Base Rent for the first month shall be
prorated.
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EXHIBIT "A"
GRAPHIC DEPICTION OF PROPERTY
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EXHIBIT "B"
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
CERTIFICATE
THIS AGREEMENT (“SNDA”) is executed by and between (hereinafter referred to as
Lender) and Maricopa County, a political subdivision of the state of Arizona (hereinafter referred
to as Lessee or County),
WITNESSETH:
WHEREAS, Lessee has entered into a lease dated (hereinafter referred to as
“Lease”) for certain premises located at , said premises more particularly described in said
Lease, and
WHEREAS, Lender has made a loan to Lessor, , in the sum of $ secured by a
, Assignment of Rents and Security Agreement on the Lessor’s interest in the premises (the
“Security Agreement”) of which the leased premises are a portion, recorded in the official records
of the Maricopa County Recorder’s Office, and
WHEREAS, Lessee has agreed to the subordination of the Lease to the Security Agreement
on the condition that it is assured of continued use and occupancy of the premises under the terms
of said Lease and this SNDA, and
WHEREAS, Lender agrees to such continued use and occupancy by Lessee provided that
by these presents Lessee agrees to recognize and attorn to Lender or purchaser in the event of
foreclosure or otherwise.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, it is hereby mutually covenanted and agreed as follows:
1. In the event it should become necessary to foreclose the Security Agreement or Lender
should otherwise come into possession of the premises, Lender will not join Lessee under
said Lease in summary or foreclosure proceedings and will not disturb the use and
occupancy of Lessee under said Lease so long as Lessee is not in default under any of the
terms, covenants, or conditions of said Lease; and has not prepaid the rent except monthly
in advance as provided by the terms of said Lease.
2. Lessee agrees that in the event any proceedings are brought for the foreclosure of any such
Security Agreement it will attorn to the purchaser of such foreclosure sale and recognize
such purchaser as the Lessor under said Lease. Said purchaser, by virtue of such
foreclosure to be deemed to have assumed and agreed to be bound, as “Substitute Lessor”,
by the terms and conditions of said Lease until the resale or other disposition of its interest
by such purchaser, except that such assumption shall not be deemed of itself an
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acknowledgement of such purchaser of the validity of any then existing claims of Lessee
against the prior lessor. All rights and obligations herein and hereunder to continue as
though such foreclosure proceedings had not been brought, except as aforesaid. Lessee
agrees to execute and deliver to any such purchaser such further assurance and other
documents, confirming the foregoing as such purchaser may reasonably request. Lessee
waives the provisions of any statute or rule of law now or hereafter in effect which may
give or purport to give it any right or election to terminate, except as expressly provided
for in said Lease, or otherwise adversely affect the said Lease and the obligations of Lessee
thereunder by reason of any such foreclosure proceeding. Accordingly, from and after
such event “Substitute Lessor” and Lessee shall have the same remedies against each other
for the breach of an agreement contained in the Lease as Lessee and Lessor had before
“Substitute Lessor” succeeded to the interest of the Lessor; provided however, that
“Substitute Lessor” shall not be;
a.
liable for any act or omission of any prior lessor (including Lessor); or
b.
subject to any offsets or defenses that Lessee might have against any prior lessor
(including Lessor); or
c.
bound by any rent or additional rent that Lessee might have paid for more than one
month in advance to any prior lessor (including Lessor); or
d.
liable for the return of any security deposit.
3. The provisions of this SNDA are binding upon and shall inure to the benefit of the heirs,
successors and assigns of the parties hereto.
4. The execution of this document is expressly authorized by Maricopa County in Section(s)
of the Lease.
5. This SNDA may be executed in two or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument.
Electronic signatures shall have the same force and effect as original signatures.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF this SNDA is effective the day and year last written below.
LESSEE: Maricopa County, a political subdivision of the state of Arizona
______________________________________________
By: [Name]
Date
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
_______________________________________________
Deputy County Attorney
Date
The terms of the above SNDA are hereby consented and agreed to by Owner/Lessor:
LESSOR: [Name]
_______________________________________________
[Name], [Title]
Date
LENDER: [Name]
________________________________________________
[Name], [Title]
Date
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Exhibit C
TENANT ESTOPPEL CERTIFICATE
THE PURPOSE of this certificate is to confirm the current status of matters relating to the Lease
described below. This Estoppel Certificate is for the benefit of the Lessor and , its successors
and/or assigns (hereinafter “Lender”) and for no other person or entity.
1. Maricopa County, a political subdivision of the state of Arizona, is the Lessee or Tenant
under a lease agreement (hereinafter the “Lease”) with, as Lessor dated ,
20 covering the premises (hereinafter the “Premises”) described as: a lease located
at . The Premises are more fully described in the attached fully executed copy of
the Lease agreement (and all amendments or modifications thereto, if any) and Exhibit
“ ” of said Lease agreement. Other than as set forth above, there are no other
modifications or amendments to the Lease.
2. The Premises have been accepted by the Tenant; and the Tenant now occupies the
Premises pursuant to the Lease terms. The commencement date for the term of the Lease
is , 20 .
3. The Lease will expire unless terminated earlier as provided for in the Lease and is
subject to an option to renew and the right to holdover.
4. Lessor has completed all tenant improvement work, if any, as required under the terms
of the Lease.
5. Tenant claims that the Lessor has not performed the following Lessor’s obligations as
directed by the Lease: .
6. The current fixed consideration for the Premises is $ per month plus rental tax.
Tenant has paid the current month’s consideration in full. There are no other rents or
other charges under the Lease which are due and unpaid at this time. Considerations are
fully paid (if required by the Lease) through the last day of the month in which this
Estoppel Certificate has been executed.
7. The Tenant has made no security deposit.
8. Except for rents (if any) which may be due under the Lease for the current month, there
are no rents, offsets or credits against future accruing rents, or other charges which have
been prepaid to the Lessor under the Lease.
9. Lessor granted Tenant a right of first offer to purchase a portion of the real property upon
which the Premises are situated.
10. Tenant has received no notice of a prior sale, transfer, assignment, hypothecation or
pledge of said Lease or of the rents secured therein, except to Lender.
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11. Tenant acknowledges that this Estoppel Certificate and the statements herein may be
conclusively relied upon by the Lessor and other person(s) or entity (ies) named above
in the first paragraph.
12. This agreement shall be binding upon and inure to the benefit of the Lessor, and any other
person(s) or entity (ies) named above in the first paragraph.
13. The execution of this document is expressly authorized by Maricopa County in Section(s)
of the Lease.
14. The Tenant understands and acknowledges that Lender will rely on this Estoppel
Certificate in acquiring or making a mortgage loan to Lessor and that in connection with
said loan, Lessor’s interest in the Lease is being assigned to Lender as additional security
for the loan.
Executed this ______ day of _____________________, 20____.
Lessee: Maricopa County
______________________________________________
By: [Name]
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
________________________________________________
Deputy County Attorney
Date
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