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PROJECT: Indian Bend Outlet
FCD Parcel Number: N-2617
LEASE NUMBER: FCD 2020-04
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT (“Lease”) is made and entered into by and between PS
MOUNTAIN WEST, LLC, a Delaware limited liability company authorized to do business in Arizona,
doing business as PUBLIC STORAGE (“Lessee”) and the FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY, a political subdivision of the State of Arizona (“Lessor”). Lessor and Lessee may
collectively be referred to herein as the “Parties”, or individually as a “Party.”
RECITALS:
WHEREAS, Lessor is empowered by Arizona Revised Statute (A.R.S.) § 48-3603(K) to enter into
this Lease; and
WHEREAS, Lessor and Lessee entered into that certain unrecorded Lease Agreement 2015-03
(Original Lease) on April 1, 2015 for the occupancy ofa portion of the Property defined below; and
WHEREAS, Lessor and Lessee mutually agree to create a new lease term, increase the square footage, and.
adjust the lease rate.
WHEREAS, The Original Lease expired on March 31, 2020, Lessee has been in holdover status
and has continued to pay their monthly rent pursuant to the Original Lease.
WHEREAS, Lessor and Lessee now desire to enter into this new Lease to memorialize the terms and
conditions under which the Lessee may continue to occupy the Property.
TERMS AND CONDITIONS:
RECITALS. The Recitals by this reference are hereby incorporated into this Lease.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises contained herein,
and other good and valuable consideration, the sufficiency and adequacy of which the Parties acknowledge,
Lessor and Lessee hereby agree as follows:
1. PREMISES
1.1 Leased Premises. Lessor owns that certain real property identified as Maricopa County Assessor
Parcel Number (APN) 132-08-012 (Property). Lessor hereby leases to Lessee approximately 1,520
square feet (SF) of the Property, as described and depicted in Exhibit “A”, attached hereto and made
a part hereof (Premises).
1.2 Permitted Use. Lessee’s use of the Premises shall be solely for the operation, maintenance, repair
and removal of two (2) off-premise advertising signs. Any and all signs and supporting structures
shall comply with provisions of law (ordinances, resolutions, City, State, and Federal law) applicable
thereto.
1.3 Lessee Personal Property. Lessee’s personal property existing on the Premises at the time of the
execution of this Lease (“Lessee Personal Property”) consists of two (2) above ground monument
signs. Lessee shall remain the owner of all signs and appurtenant improvements placed by it on the
Premises and shall have the right to remove them at any time.
2. TERM
2.1 Effective Date. This Lease shall be effective on the date of execution by both Parties (“Effective
Date’).
2.2 Term. The initial term of this Lease (Term) shall be for a period of five (5) years beginning April 1,
2020 (Commencement Date) and shall expire on March 31, 2025, (“Expiration Date”). This Lease
becomes effective as of the date it is signed by all parties (Effective Date).
2.3 Lease Renewal. At the end of the initial Term, in Lessor’s sole discretion, Lessee may extend this
Lease for one additional five (5) year term (Renewal Term).
2.3.1 To request a renewal, Lessee shall give Lessor written notice of its desire to renew no less
than one hundred twenty (120) days prior to the Expiration Date of this Lease.
2.3.2 If the Lessor is amenable to a renewal, a new Rent rate for the Renewal Term shall be
determined by the Lessor pursuant to A.R.S. §11-256(B).
2.3.3. The renewal shall be memorialized as an amendment to this Lease and unless expressly
stated otherwise in the amendment, the terms, provisions and conditions contained within
this Lease, except the Rent rate, shall remain in full force and effect during the Renewal
Term.
2.4 No Right to Hold Over. Lessee is not entitled to any holdover rights for any reason and shall yield
and peaceably deliver possession of the Premises to the Lessor on the expiration or termination date
of this Lease, regardless of the reasons for said termination.
3. RENT
3.1 Lessee shall pay the Lessor, without invoice and in advance annually, the amount of Two Thousand
Two Hundred Twenty dollars and 00/100 dollars ($2,220.00) (Rent). Lessee shall pay the first
annual Rent payment of this Lease within thirty (30) days of the Effective Date this Lease and
subsequent annual Rent payments on or before the anniversary of the Commencement Date of this
Lease.
3.1.1 Lessee shall remit payments to Lessor at Flood Control District of Maricopa County, ATTN:
Real Estate Department, 2801 W Durango Street, Phoenix, AZ 85009 or via banking funds
transfer per Lessor instructions.
3.1.2 Lessee shall, at its sole cost and expense, pay any federal, state and local excise, sales,
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privilege, gross receipts and other similar taxes lawfully imposed on the Lessee for the
Permitted Use.
3.1.3 If this Lease is terminated by the Lessor before the expiration of the Term or a Renewal
Term of this Lease for any reason other than Lessee default, then Lessor shall refund Lessee
a pro-rated amount of the Rent within ninety (90) days of the termination date.
4. INSURANCE AND INDEMNIFICATION
Without limiting any liabilities or any other obligations of Lessee, Lessee shall provide, with forms and
insurers acceptable to Lessor (a company or companies duly licensed by the State of Arizona or authorized
to do business in the State of Arizona, and possessing a current A.M. Best, Inc. Rating of A6 or higher),
and maintain in full force and effect until the expiration or termination of this Lease, the minimum
insurance types and coverages, as follows:
4.1 Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance, with
a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,00 General Aggregate Limit. The policy shall include coverage for premises
liability, bodily injury, broad from property damage, fire legal liability, personal injury, products
and completed operations and blanket contractual coverage, and shall not contain any provision
which would serve to limit third party action over claims.
4.2 Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella
insurance, with a combined single limit for bodily injury and property damage of not less than
$1,000,000 each occurrence with respect to any Lessee vehicles, whether owned, hired, and non-
owned, assigned to or used in performance of the Permitted Use.
43 Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of Lessee’s employees engaged in the performance of the work or services
associated with the Permitted use; and Employer’s Liability insurance of not less than $1,000,000
for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
44 The policies required by Sections 4.1 and 4.2 above shall be endorsed to include Lessor, members
of its governing bodies, its officers, agents and employees as additional insureds and shall stipulate
that the insurance afforded for Lessor, members of its governing bodies, its officers, agents and
employees shall be primary insurance and that any insurance carried by Lessor, members of its
governing bodies, its officers, agents or employees shall be excess and not contributory insurance.
4.5 Lessee, and its contractors shall waive their rights of recovery and require its insurers providing the
required coverages to waive all rights of subrogation against Lessor and members of its governing
bodies, its officers, agents or employees shall be excess and not contributory insurance.
4.6 Upon execution of this Lease, Lessee shall furnish Lessor with Certificates of Insurance as evidence
that policies providing the required coverages, conditions and limits are in full force and effect. If
the Lessee fails to furnish the certificates, Lessor reserves the right to request and to receive, within
ten (10) working days, certified copies of any or all of the herein required insurance policies and/or
endorsements. Such certificates shall identify this Lease number and title. Such certificates shall
provide that not less than thirty (30) days advance notice of cancellation or termination shall be sent
directly to Lessor at the address set forth in the Notice section of this Lease.
4.7 In the event any insurance policies required by this Lease are written on a “claims made” basis,
coverage shall extend for two (2) years past expiration or termination of this Lease as evidenced by
annual Certificates of Insurance.
48 The insurance policies may provide coverages that include deductibles or self-insured retentions.
Lessee shall be solely responsible for deductible and/or self-insured retentions, and the District, at
its option, may require Lessee to secure the payment of such deductibles or self-insured retentions
by a surety bond or an irrevocable and unconditional letter of credit.
49 Indemnification. To the fullest extent permitted by law, the Lessee shall defend, indemnify and
hold harmless the Lessor (as Owner), its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including, but not limited to
attorney’s fees including fees for appellate proceedings) arising out of, or alleged to have resulted
from occupancy of the Premises pursuant to this Lease except to the extent related to Lessor’s (or
any other indemnified party’s) gross negligence or willful misconduct.
5. ASSIGNMENT/SUBLEASE
5.1 Lessee shall not assign this Lease, or sublet the Premises, without the prior written consent of Lessor.
In the event of a consensual assignment, this Lease shall be binding upon the Parties hereto and their
respective successors and assigns.
6. RETURN OF PREMISES
6.1 Upon expiration of this Lease, or earlier termination of this Lease as provided herein for any reason,
the Lessee shall, at its sole cost and expense, remove Lessee’s Personal Property and return the
Premises to the Lessor in a condition as similar as possible to the condition of the Premises at the
time of the execution of this Lease, normal wear and tear excepted. All Personal Property owned by
Lessee and trash/debris on the Premises must be removed and/or disposed of in an appropriate
manner prior to the expiration or termination date of this Lease. Any such items not removed within
the specified timeframe shall be deemed to be abandoned by Lessee. If, in the Lessor’s sole
discretion, the Lessee does not return the Premises to the Lessor in a satisfactory condition, Lessee
shall pay all costs, incurred by the Lessor to remove and dispose of Lessee’s Facility, Lessee
Personal Property, and any other items not owned by Lessor from the Premises in any manner it may
deem desirable, within thirty (30) calendar days of receipt of invoice from the Lessor.
7. I MENT I
7.1 Lessor represents, to the best of its knowledge, that on April 1, 2005, the beginning of the term of
the Original Lease, there was no Hazardous Material on the Premises in violation of any
Environmental Law, defined below. Lessor hereby agrees that if at any time during the term of this
Lease it should be determined that the Premises was contaminated with Hazardous Material on the
beginning of the term of the Original Lease or thereafter because of any acts or omissions, other than
by those of Lessee, its agents, employees, contractors, subcontractors, suppliers, invitees, licensees,
affiliates, or predecessors, Lessor agrees to indemnify and hold Lessee harmless from any and all
claims, liabilities, damages and obligations of any nature arising from, relating to, or as a result of
such contamination.
7.2 Lessee represents, warrants and covenants to Lessor that:
7.2.1 Lessee will cause the Premises at all times to be and remain in compliance with all applicable
laws, ordinances, and regulations (including consent decrees and administrative orders)
relating to public health and safety and protection of the environment, including those
statutes, laws, regulations, and ordinances identified in subsection 8.2.6, all as amended and
modified from time to time (collectively, “Environmental Laws’). Lessee agrees to obtain
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and keep in effect all governmental permits and approvals relating to the use or operations
of the Premises required by applicable Environmental Laws, and Lessee agrees to comply
with the terms of the same.
7.2.2 Lessee will not generate, manufacture, store, treat, transport, release, or dispose of
“Hazardous Material,” as that term is defined in subsection 7.2.6, on, in, under, about or
from the Premises, other than in such quantities as are required for the Permitted Use, and
other than those lawfully incorporated into the Premises, and then only in compliance with
ail Environmental Laws, health, safety, handling, reporting and disclosure laws, regulations
and rules. Lessee shall promptly provide to Lessor upon written request, but not more often
than once in any twelve month period unless Lessor has reasonable cause to believe that
Lessee is not in compliance with this Section 8, a detailed list of such materials used in the
conduct of Lessee’s business or incorporated in the Premises, together with copies of all
applicable permits related to such materials, if any. Subject to Lessor’s obligations in Section
8.1, if Lessee or any one of its employees, agents, contractors, suppliers or invitees causes,
contributes to or aggravates any release or disposal of any Hazardous Material on, in, under
or about the Premises, Lessee, at its own cost and expense will immediately take such action
as is necessary to contain the spread of and remove the Hazardous Material to the satisfaction
of the appropriate governmental authorities, or to the satisfaction of Lessor if notification is
not required to a separate governmental authority, but in any and all instances only up to and
not beyond the condition in which the Premises existed immediately preceding said
aggravation, release, or disposal.
7.2.3 Lessee will immediately notify Lessor and provide copies upon receipt of all written
complaints, claims, citations, demands, inquiries, reports, or notices relating to Lessee’s
compliance with Environmental Laws. Lessee will, at its sole cost, subject to Lessor’s
obligations in Section 8.1, promptly address any written complaints, claims, citations,
demands, inquiries, reports or notices related to compliance with Environmental Laws with
respect to the Premises and provide proof of such to Lessor. Lessee will keep the Premises
free of any lien imposed pursuant to any Environmental Laws on account of Lessee’s
generation, manufacture, storage, treatment, transportation, release, or disposal of
Hazardous Material.
7.2.4 If Lessee materially breaches or fails to comply with any of the foregoing warranties,
representations, and covenants, and further fails to remedy such breach or failure to comply
within thirty (30) days after receiving written notice by Lessor of said breach, or such
additional period of time thereafter as Lessee and Lessor may agree in writing, and may be
reasonably necessary under the circumstances to cure such breach, if Lessee commences to
cure such breach within said thirty (30) day period and thereafter diligently proceeds to cure
the breach, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any
Hazardous Material released in relation to said material breach or failure to comply (other
than those expressly authorized herein) from the Premises. The costs of removal of such
Hazardous Material released in relation to said material breach or failure to comply and any
related cleanup efforts (including transportation and storage costs) of said released
Hazardous Material will be additional Rent under this Lease, due and payable on Lessee’s
receipt of Lessor’s written demand. Lessee shall not be liable to Lessor for any costs
associated with cleaning up the Premises from said released Hazardous Material beyond the
criteria of the agency, State or Federal, directing the clean-up for the standard, use, and
condition the Premises was in on the date of the execution of the original Lease. Lessee
thereby grants Lessor, its employees, agents and contractors, access to the Premises to
remove or otherwise clean up any Hazardous Material. Lessor, however, has no affirmative
obligation under this Lease to remove or otherwise clean up any Hazardous Material, from
the Premises and nothing in this Lease will be construed as creating any such obligations.
7.2.5 For purposes of this Lease “Hazardous Material” means:
7.2.5.1 “Hazardous substances” or “toxic substances” as those terms are defined by the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),
42 U.S.C. Section 9601, et seq., as amended to and after this date.
7.2.5.2 “Hazardous wastes,” as that term is defined by the Resource Conservation and Recovery
Act ("RCRA"), 42 U.S.C. #6901, et seq., as amended to and after this date.
7.2.5.3 Any pollutant or contaminant or hazardous, dangerous, or toxic chemicals, materials, or
substances within the meaning of any other applicable federal, state, or local law,
regulation, ordinance, or requirement (including consent decrees and administrative
orders) relating to or imposing liability or standards of conduct concerning any
hazardous, toxic, or dangerous waste substance or material, all as amended to and after
this date.
7.2.5.4 Crude oil or any fraction of it that is liquid at standard conditions of temperature and
pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
7.2.5.5 Any radioactive material, including any source, special nuclear, or by product material
as defined at 42 U.S.C. #201 1, et seq., as amended to and after this date.
7.2.5.6 Asbestos in any form or condition.
7.2.5.7 Polychlorinated biphenyl’s (PCB’s) or substances or compounds containing PCB’s.
7.2.5.8 Any Bio-Hazardous materials.
8. NOTICE
8.1 Allnotices herein required shall be in writing and sent via email and certified mail with return receipt
requested, overnight by a nationally recognized delivery service (e.g. Federal Express, UPS) with
confirmation receipt requested or hand delivered as follows:
Lessor: Flood Control District of Maricopa County
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
With acopyto: | Maricopa County Real Estate Department
Attn: Property Management
2801 W. Durango Street
Phoenix, AZ 85009
Lessee: Public Storage PS#21211
Attn: Real Estate Legal
701 Western Avenue
Glendale, CA 91201-5025
Notice:
Addresses may be changed by sending the new address to the other Party as provided in this Section.
9. SALE OF THE PROPERTY
9.1 If the Lessor determines that the Property is to be sold during the Term or Renewal Term of this
Lease, the Lessor will provide notice of the proposed sale to Lessee in writing no later than one
hundred eighty (180) days before the sale or auction. Any such sale shall be subject to the terms and
conditions of this Lease, and nothing in this Lease shall prevent the Lessee from attempting to
purchase the Property in accordance with the law, like any other member of the public if the Property
is proposed to be sold at public auction. If the Property is sold to any party other than the Lessee,
Lessor will notify the Lessee of the ownership transfer within thirty (30) days of the transfer date.
10. TERMINATI
10.1. This Lease is subject to A.R.S. § 38-511, the provisions of which are incorporated herein by this
reference, and may be canceled by Lessor pursuant thereto without any penalty or liability to Lessor.
10.2 Either Party may terminate this Lease at any time by notifying the other Party, in writing, ninety
(90) days prior to termination.
11. DEFAULT: REMEDIES
11.1. It shall be a default and breach of this Lease by Lessee if any of the following shall occur at any time
during the Term or a Renewal Term of this Lease:
11.1.1 Failure to make payment of any monetary sums specified to be paid by the Lessee under this
Lease no later than the date the same shall become due, or to perform any Lessee obligation
required by this Lease, and such failure continues for a period of thirty (30) calendar days after
the specified payment/performance due date. All amounts incurred and paid by Lessor as a
result of Lessee's default shall become additional Rent due to Lessor.
11.1.2 Unauthorized use of the Premises by the Lessee and/or its agents, contractors, or invitees.
11.1.3 Failure to comply with any specific requirements of this Lease where such failure continues
for a period of thirty (30) calendar days after notice of default is given to the Lessee,
provided, however, that if such default is of a nature that it cannot reasonably be cured within
said thirty (0) days, then the cure period may be extended by the Lessor, in its sole
discretion, in writing, for a longer time as may be reasonably necessary, so long as the Lessee
commences to cure the failure within said thirty (30) day period, in good faith and with due
diligence, and thereafter diligently and continuously pursues the same to completion. Failure
to cure, in the Lessor’s sole discretion, may result in forfeiture of any and all prepaid Rent.
Lessor will attempt to recover expenses in excess of unpaid Rent by any legal means.
11.1.4 Lessee becomes insolvent or ceases to do business.
11.1.5 Upon determination by the Lessor that the Lessee is in default, the Lessor shall be entitled,
at its sole discretion and selection, to exercise the following remedies:
11.1.5.1 Terminate this Lease, without penalty or liability to Lessor, by giving the Lessee
notice of termination. Upon the issuance of the notice of termination, all of the
Lessee’s rights to use the Premises under this Lease shall terminate immediately.
Within the notice of termination, the Lessor, in its sole discretion, shall direct the
Lessee to: (i) surrender and vacate the Premises immediately; and/or (ii) at Lessee’s
sole cost and expense, demolish and/or remove all, or a portion of, Lessee’s Personal
Property on the Premises return the Premises to a condition as similar as possible to
the condition of the Premises, at the time of execution of this Lease; and/or (iii) repair
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any damage caused to the Premises as a result of the removal of said Personal
Property; and/or (iv) remove all garbage and debris, to include inoperable or obsolete
equipment, from the Premises, all by the date(s) specified by the Lessor.
11.1.5.2 Termination under this Section shall not relieve the Lessee of the obligation for
payment of any sums then due to the Lessor, or from any claim for damages
previously accrued or then accruing against the Lessee. In addition, if the Lessee fails
to remove all Personal Property and garbage/debris from the Premises in the
timeframes specified by the Lessor, Lessee shall pay all costs incurred by the Lessor
to remove and dispose of such property, in any manner it may deem desirable, within
thirty (30) days of receipt of invoice from the Lessor.
11.1.5.3 If this Lease is terminated for default, the Lessee shall, and hereby covenants to,
peaceably and quietly surrender the Premises to the Lessor.
11.1.5.4 The Lessor may exercise any other remedy available at law or in equity.
12. DISPUTES
12.1 In the event of any dispute, claim, question, or disagreement arising from or relating to this Lease or
the breach thereof, the Parties hereto mutually agree to use reasonable efforts to resolve the dispute,
claim, question, or disagreement at the lowest level possible and to proceed diligently with
performance to the degree unaffected by the dispute or pending dispute resolution. If the matter
cannot be resolved and/or is not resolved, either Party may seek any remedies provided by law.
13. GENERAL
13.1 Time is of the Essence. Time is of the essence in this Lease. If the date for performance of any
obligation hereunder or the last day of any time period provided herein shall fall on a Saturday,
Sunday or legal holiday of the State of Arizona, then said date for performance or time period shall
expire on the first day thereafter which is not a Saturday, Sunday or a legal holiday. Unless otherwise
specifically indicated to the contrary, the word “days” as used in this Lease shall mean and refer to
calendar days and not business days.
13.2 No Partnership or Joint Venture. Lessee shall not be considered an officer, employee or agent of
the Lessor, nor shall Lessee’s officers, agents, employees and guests be considered employees of
Maricopa County or the Lessor. In addition, nothing contained in this Lease shall create any
partnership, joint venture or other arrangement among the Parties. Except as expressly provided
herein, no term or provision of this Lease is intended or shall be for the benefit of any person or
entity not a Party hereto, and no such other person or entity shall have any right or cause of action
hereunder.
13.3 Venue; Governing Law. The proper venue for any proceeding at law or in equity or under the
provisions for dispute resolution/arbitration shall be Maricopa County. This Lease shall be
construed in accordance with and be governed by the laws of the State of Arizona.
13.4 Entire Lease. This Lease, together with any exhibits attached hereto and any agreements executed
contemporaneously herewith, constitutes the entire Lease between the Parties and sets forth all of
the covenants, promises, agreements, conditions and understandings among the Parties, and there
are no covenants promises, agreements, conditions or understandings, cither oral or written, among
the Parties other than as set forth herein. This Lease shall be construed as a whole and in accordance
with its fair meaning and without regard to any presumption or other rule requiring construction
against the Party drafting this Lease. This Lease cannot be modified or changed except by a written
instrument executed by the Parties. The Parties have reviewed this Lease and have had the
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opportunity to have it reviewed by legal counsel.
13.5 Waiver. Waiver of any breach of any term, conditions or covenant herein contained shall not be
deemed to be a waiver of any other term, condition or covenant herein, or of a subsequent breach of
any term, covenant or condition herein. The waiver by either Party of any breach or failure to provide
full performance under any of the terms and conditions of this Lease, or the failure of a Party to
exercise, or any delay in exercising, any rights or remedies provided herein or by law, or the failure
of a Party to notify the other properly in the event of a breach hereunder shall not be construed as a
waiver of any other term of condition herein, or of any subsequent or continuing breach of the same
or any other term or condition.
13.6 Severability. Wherever possible, each provision of this Lease shall be interpreted in such manner
as to be valid under applicable law, but if any provision shall be invalid or prohibited thereunder,
such provision shall be ineffective to the extent of such prohibition or invalidation but shall not
invalidate the remainder of such provision or the remaining provisions.
13.7 Headings. Sections and other headings contained in this Lease are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Lease.
13.8 Boycott of Israel. If Lessee engages in for-profit activity and has 10 or more employees, and if this
Lease has a value of $100,000 or more, Lessee, by its execution of this Lease, Lessee 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.
13.9 Cooperation. The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be performed
by the Parties pursuant to this Lease.
13.10 Counterparts, This Lease may be signed in any number of counterparts with the same effect as if
the signatures thereto and hereto are upon the same instrument.
13.11 Authority te Execute. No later than the date of execution of this Lease, any individual executing
this Lease on behalf of Lessee shall provide documentation that he/she is duly authorized to execute
and deliver this Lease on behalf of said corporation, person, firm, partnership or other entity and that
this Lease is binding on said entity in accordance with its terms.
13.12 Delegation of Authority. Since this Lease will require administrative action from time to time to
carry out the intent of the Lease, both the District Director and the Real Estate Director for Maricopa
County individually and separately, are hereby given the authority and charged with the
responsibility for proper administration of this Lease, whether or not specific authority is granted in
any provision of this Lease.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the Parties have fully executed this LEASE as of the last date written
below.
LESSEE:
PS Mountain West, LLC,
a Delaware Limited Liability Company
By: Public Storage,
A Maryland real estate investment trust
Its: Sole Managing Member
Sharon Linder, Vice President Date
STATE OF CALIFORNIA _ )
)ss
COUNTY OF )
Vv
On this day of , 2021, before me, _, 4
personally appeared Sharon Linder, who proved to me,on the asis of s
person whose name is subscribed to the within instrumen
the same in her authorized capacity, and that by he he instrument the entity on behalf
of which the person acted, executed the instrument.
I certify under penalty of perjury under the laws of thetate of California that the foregoing paragraph
is true and correct. Witness my | eal.
Notary Public (signature)
Ys
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ACKNOWLEDGMENT ACKNOWLEDGMENT ACKNOWLEDGMENT ACKNO WLEDGMENTACKNO ca WLEDGMENT = ACKNOWLEDGMENT ACKNOWLEDGMENT ACKNOWLEDGMENT ACKNOWLEDGMENT!
California All-Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
| i
County of ep) vax HA—
On zi hay lo | before me, ___Irma Pimentel, Notary Public,
1
| | Name of Notary Public, Title
:
Shiro Lu
personally appeared =
Name of Signer (1)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
| certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true an ;
IGE
IRMA PIMENTEL
WITNES Notary Public - California
Los Angeles County
Commission # 2214882
My Comm. Expires Sep 18, 2021
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document
Description of Attached Document
Additional
5 1 59 1 1 6 1807 1939 185 42 26.516323 information
4 1 59 1 2 0 268 2007 1667 42 -1
5 1 59 1 2 1 268 2013 64 28 96.390007 The
5 1 59 1 2 2 346 2012 163 37 96.227112 preceding
5 1 59 1 2 3 523 2012 170 29 96.203934 Certificate
5 1 59 1 2 4 706 2012 32 29 97.008904 of
5 1 59 1 2 5 747 2012 291 36 96.171310 Acknowledgment
5 1 59 1 2 6 1051 2012 25 29 96.181862 is
5 1 59 1 2 7 1088 2012 143 29 96.181862 attached
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NOWLE
RS
TESCEN:
CKNOWLEDGMEN
ACCEPTED AND APPROVED BY LESSOR:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
SIGNED IN COUNTERPART
Michael A. Fulton, Director Date Chairman of the Board
SIGNED IN COUNTERPART
ATTEST:
William D. Wiley, P.E. Date
Real Estate Chief Officer
Maricopa County Real Estate Department
Clerk of the Board
Date:
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA _ )
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared , known to me to be the person whose
name is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision
in the foregoing instrument.
Given under my hand and seal of the office this___ day of ,20 |.
Notary Public (signature)
APPROVED AS TO FORM and within the
powers and authority granted under the laws
Of the State of Arizona and Maricopa County
SIGNED IN COUNTERPART
Flood Control District General Counsel Date
11
BocuSign Envelope ID; 4OCEdEAG-B2D6-4034-A8D0-0Adg4D2F48E8
ACCEPTED AND APPROVED RY LESSOR:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
dichael A. Fulton, Director Date
5 1 12 1 1 6 1526 845 172 36 96.196411 Chairman
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5 1 18 1 1 1 482 2205 232 36 96.459084 APPROVED
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5 1 18 1 1 3 790 2206 60 33 95.249283 TO
5 1 18 1 1 4 861 2205 125 33 95.249283 FORM
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4 1 19 1 1 0 590 2393 451 40 -1
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5 1 21 1 1 5 1032 2511 141 36 90.853729 Counsel
5 1 21 1 1 6 1316 2511 84 32 94.868729 Date
ACCEPTED AND APPROVED BY LESSOR:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
Michael A. Fulton, Director Date Chairman of the Board
SIGNED IN COUNTERPART
ATTEST:
William D. Wiley, P.E. Date
Real Estate Chief Officer SIGNED IN COUNTERPART
Maricopa County Real Estate Department
Clerk of the Board
Date:
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA _ )
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared , known to me to be the person whose
name is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision
in the foregoing instrument.
Given under my hand and seal of the office this___ day of ,20
Notary Public (signature)
APPROVED AS TO FORM and within the
powers and authority granted under the laws
Of the State of Arizona and Maricopa County
J.
April 20, 2021
Flood Control District General Counsel Date
11
Exhibit “A”
PCN-344.05.039
Project No. TRO77
INDIAN BEND WASH OUTLET
Item No, N-2617-LSE
LEGAL DESCRIPTION FOR LEASE AGREEMENT
Two parcels of land in the Northeast Quarter of the Northeast Quarter of Section Eleven, Township
One North, Range Four Fast of the Gila and Salt River Base and Meridian, and being more particularly
described as follows:
Parcel 1
Commencing at the Northeast Quarter corner of said Section 11, being a brass cap in a handhole, from
which the North quarter corner of said Section 11, a brass cap in a handhole, bears South 89°50°35"
West, for a distance of 2638.95 feet;
thence along the North line of said Section 11 South 89°50'35" West, for a distance of 433.51 feet;
thence departing said North line South 00°09'05" East, fora distance of 55.00 feet to the Point of
Beginning;
thence continuing South 00°09'05" East, for a distance of 38.00 feet to a point on a line parallel with
and 93.00 feet southerly of the North line of said North quarter corner;
thenve along said parallel line South 89°50'55" West, for a distance of 20.00 feet;
thence departing said parallel line North 00°09'05" West, for a distance of 38,00 feet to a point on a
line parallel with and 55.00 feet southerly of the North line of said North quarter comer,
thence along said parallel line North 89°50'55" East, for a distance of 20.00 feet to the Point of
Beginning.
The above deseribed parcel contains 760 square feet or 0.0174 acres, more or less,
Parcel 2
Commencing at the Northeast Quarter corner of said Section 11, being a brass cap in a handhole, from
which the North quarter comer of said Section [1, a brass cap in a handhole, bears South 89°50'35"
West, for a distance of 2638.95 feet;
thence along the North line of said Section 11 South 89°50'55" West, for a distance of 643.80 feet;
thence departing said North line South 60°09'05" East, for a distance of 55.00 feet to the Point of
Beginning;
thence continuing South 00°09'05" East, for a distance of 38.00 feet fo a point on a line parallel with
and 455.00 feet southerly of the North line of said North quarter corner;
Continued on next page
GRANTOR DATE
Page 1 of 2
EXHIBIT “A”
12
thence along said parallel line South 89°50'S5" West, for a distance of 20.00 feet;
thence departing said parallel line North 00°09'05" West, for a distance of 38,00 feet lo a point on a
line parallel with and 55,00 feet southerly of the North line of said Nerth quarter corner;
thence along said parallel line North 89°50'55" Fast, fora distance of 20.00 feet to the Point of
Beginning.
The above described parcel contains 760 square feet or 00174 acres, more ar less
The combined iwo above described parcels contain 1,520 square feet or G.0348 acres more or less,
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
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Prelim: Lv 03/31/2020 Chk: LAMPE LY [/ p48 cede:
Reve
Maricopa County Real Estate Department
GRANTOR DATE
ENHIBIT “A”
Page 2 of 2
13
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SEC LINE
McClintock Drive
Parcel 1 Area: 780 square feet or 0.0174 acres
Parcel 2 Arca: 760 square feel or 0.0174 acres
Total Read. Areas 1,520 square feat or 0.0348 actas
MARICOPA COUNTY
PCN-344,05.039, INDIAN BEND WASH OUTLET
PROJECT No. TRO? ITEM No, N-20774.SE DATE (4/20/2020 MARICOPA COUNTY RAY AGENT MC,
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