FINAL PDF COP LEASE ASSIGNMENT 1 WEST MAD.PDF

WHEN RECORDED RETURN TO:
When recorded, mail to:
DL Dalton LLC
4211 N Marshall Way, #200
Scottsdale, AZ 85251
Exempt Pursuant to
A.R.S. 11-1134(A)(3)
ASSIGNMENT AND ASSUMPTION OF LEASE
This Assignment and Assumption of Lease (the “Assignment”) is made and entered into by and
between Maricopa County, a political subdivision of the state of Arizona ("Assignor"), and DL Dalton,
LLC, a Washington limited liability company ("Assignee")
WHEREAS, Assignor and Assignee have entered into that certain Purchase Agreement and
Escrow Instructions dated as of June 3, 2021 (“Purchase Agreement”) wherein Assignor agreed to sell
and Assignee agreed to buy that certain real property known as Maricopa County Assessor’s Parcel
Numbers 112-22-036 and 112-22-037A (collectively, the “Property”);
WHEREAS, Assignor as “Lessee", previously entered into a certain Lease with the City of
Phoenix, a municipal corporation (“Lessor”) dated February 1, 1982, Addendum to Lease dated March
7, 1991 and Assignment and Assumption dated March 20, 2007, attached hereto and incorporated
herein as Exhibit A (collectively, “Lease”) for encroachment into rights-of-way within Central Avenue
and Madison Street in Phoenix, Arizona as described in the Lease and as more fully described in
Exhibit B, attached hereto and incorporated herein (the “Premises”);
WHEREAS, Assignee desires to assume and Assignor desires to assign the Lease;
WHEREAS, Lessor is willing to accept the Assignment and Assumption of the Lease.
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree that the foregoing recitals are incorporated herein by this reference and as follows:
1. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's rights, title,
obligation and interest in and under the Lease, and as amended from time to time.
2. Assignee hereby accepts, assumes and agrees to perform all of the duties, obligations,
responsibilities and liabilities of Assignor under the Lease accruing upon and after the execution of this
Assignment.
3. Assignee covenants and agrees to indemnify and hold harmless Assignor for, from and
against any actions, liabilities, damages, suits proceedings or claims, and all costs and expenses
(including reasonable attorneys’ fees) incurred in connection with any breach or alleged breach by
Assignee of the Lease occurring or alleged to have occurred on or after the effective date of this
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Assignment. Assignor covenants and agrees to indemnify and hold harmless Assignee for, from and
against any actions, liabilities, damages, suits proceedings or claims, and all costs and expenses
(including reasonable attorneys’ fees) incurred in connection with any breach or alleged breach by
Assignor of the Lease occurring or alleged to have occurred before the effective date of this
Assignment.
4. This Assignment shall be governed and construed in accordance with the laws of the State
in which the Premises is located and shall be binding upon and shall inure to the benefit of the
respective parties, their heirs, personal representatives, successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment effective as of the date last
written below.
ASSIGNOR:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By______________________________________
Jack Sellers
Chairman of the Board
ATTEST:
________________________________________
Clerk of the Board Date
Approved as to form:
________________________________________
Deputy County Attorney Date
Before me, , Notary Public in and for said County, State of
Arizona, on this day acknowledges , known to me to be
the person whose name is subscribed to the foregoing instrument as the Chairman of the Board of Maricopa
County Board of Supervisors as described in the foregoing instrument.
Given under my hand and seal of the office this day of , 2021
My Commission Expires
Notary Public (signature)
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[ASSIGNEE SIGNATURE APPEARS ON THE NEXT PAGE]
ASSIGNEE:
By: __________________________________________
Its: __________________________________________
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me the _____day of ____________, 2021, by
______________________________________, Assignee.
My Commission Expires: ________________________________________
Notary Public
[LESSOR SIGNATURE APPEARS ON THE NEXT PAGE]
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LESSOR: CITY of PHOENIX, a municipal corporation
By: __________________________________________
Its: __________________________________________
LESSOR'S ACKNOWLEDGMENT
STATE OF )
) SS.
COUNTY OF )
Before me, a Notary Public in and for said State and County, this day of
, 2021, personally appeared ,
, of known to me to be the same, who
acknowledged that he/she executed the foregoing agreement as his/her free act and deed and as the
free act and deed of said by virtue of proper authority vested in
him/her by the Board of of said , for the uses and purposes
therein set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
, , the day and year last above written.
Notary Public
My Commission Expires:
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“Exhibit A”
Lease
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“Exhibit B”
Property Description
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Exhibit B
Property Description
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