LEASE L-7473 RE WIC SITE WITH GREATER PHX URBAN LEAGUE.PDF

L-7473
C-86-18-xxx-1-00
LEASE AGREEMENT
This Lease Agreement (this "Lease") is entered into by and between Greater Phoenix
Urban League, Inc., an Arizona non-profit corporation, ("Landlord"), and Maricopa
County, a political subdivision of the State of Arizona ("Tenant"). Collectively (the
“Parties”) or individually (a “Party”).The Parties agree as follows:
1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease,
leases to Tenant one office that is approximately 20ft. x 20ft. and one office that is
approximately 15ft. x 20ft. (two offices totaling approximately of 700sq ft.)
located in the main building complex located at 1402 S. 7th Avenue Phoenix, AZ
85007, as shown at Exhibit “A,” which is attached and made a part hereof (the
“Premises”).
2. TERM. The Lease term will begin on December 1, 2017 and will expire on
September 30, 2018.
3. LEASE PAYMENTS AND OPERATING EXPENSES. Tenant shall pay to
Landlord monthly installments of $500.00 payable in advance on the fifth day of each
month. Lease payments shall be made to the Landlord at 1402 S. 7th Avenue, Phoenix,
Arizona 85007. The payment address may be changed from time to time by the
Landlord as provided in Section 16 herein.
Landlord will perform and bear all the costs of all necessary capital repairs and capital
replacements including but not limited to: the base building, parking areas, and major building
systems (including, without limitation, those costs required for compliance with laws) and
property taxes.
4. POSSESSION. Tenant shall be entitled to possession of the Premises on the first day
of the term of this Lease, and shall yield possession to Landlord on the last day of the
term of this Lease, unless otherwise agreed by both Parties in writing. At the
expiration of the term, Tenant shall remove its goods and property and peaceably
return the Premises to Landlord in as good a condition as when delivered to Tenant,
ordinary wear and tear excepted.
5. USE OF PREMISES. Tenant may use the Premises only for carrying out the business
of the "WIC" program of assisting qualified low-income women and children at
nutritional risk, including but not limited to providing supplemental foods, nutrition
education, community referrals and preventive services including but not limited to oral
health screenings, and office space for associated administrative and business activities
(“Permitted Use”) The Premises may be used for other purposes only with the prior
written consent of Landlord, which shall not be unreasonably withheld. Tenant shall
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notify Landlord of any anticipated extended absence of thirty (30) days or more from
the Premises not later than the first day of the extended absence.
6. COMMON AREA. The Tenant will have access to all common areas within the main
building complex, which includes designated restrooms for employees and the use of
restrooms for clients (commonly referred to as public restrooms) and front and rear
lobby for entrance and exiting the building. The use of the conference room and
training room is available on a reserve basis.
7. PARKING. Parking for Tenant’s employees, agents, contractors, customers and
invitees shall be on a first come first served basis.
8. PROPERTY INSURANCE. Landlord acknowledges that Tenant is self-insured.
Tenant shall deliver a certificate of self-insurance to Landlord as proof that adequate
insurance is in force.
9. RENEWAL TERM. This Lease shall automatically renew for an additional period of
one year unless either Party gives written notice of intent not to renew no later than 60
(Sixty) days prior to the end of the term. The Lease terms and conditions during any
such renewal term shall be the same as those contained in this Lease unless the Parties
agree in writing otherwise. This Lease is subject to A.R.S. § 38-511 and may be
cancelled by Tenant pursuant thereto without any penalty or liability to Tenant.
10. NON-APPROPRIATION OF FUNDS. This Lease may be terminated at the end of
any fiscal year due to non-appropriation of funds without any penalty of liability to
Tenant. County and State fiscal years end June 30, Federal fiscal year ends September
30. Landlord and/or any of its employees, agents, officers, directors, members,
successors or assigns hereby waives any and all rights to bring any claim against Tenant
or its employees, agents, officers, directors, members, successors or assigns from or
relating in any way to Tenant’s termination of this Lease pursuant to this Section.
11. UTILITIES, SERVICES AND MAINTENANCE.
Landlord shall be financially responsible for the following utilities and services in connection
with the Premises:
- electricity
- water and sewer
- garbage and trash disposal
- janitorial services
Waste cans will be emptied on business days (Monday-Friday) if placed outside of the
leased space office doors.
- Landlord will pay for all utilities, trash, landscaping and a percentage of 7.3%
will be charged to the Tenant based on a predetermined allocation rate of Tenant
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square footage to overall square footage of the Landlord.
Tenant shall be financially responsible for the following utilities and services in connection
with the Premises:
-Telephone
-Internet
Tenant acknowledges the pro-rated utility rates above as charges and services for which
Tenant will be required to pay to Landlord (if any), other than those to be paid directly to a
third-party provider.
Landlord shall be responsible for janitorial service to the Premises. Janitorial services shall be provided
daily, Monday through Friday, with the exception of National Holidays. Landlord agrees to provide all
necessary maintenance services to the Premises throughout the term of this Lease or any extensions thereof.
Landlord shall maintain the structure of the Premises in good repair and shall correct any hazardous
conditions existing as the result of any structural defect or unsoundness. The term “structure” as used herein,
includes but is not limited to, walls, roofs, floors, foundations, stairways and exterior sidewalks. Landlord
warrants that the structure and Premises are currently in a state of good repair. Landlord shall keep all
mechanical, plumbing, electrical and air-conditioning/HVAC operating and in a state of good repair.
Landlord shall also keep the exterior grounds and all Common Areas of Premises clean and free from trash
and other rubbish and shall maintain all building utility systems serving the Premises in a state of good repair.
Landlord shall maintain the Premises in a safe, operating condition. Landlord shall be responsible for
maintaining the structure of the Premises in accordance with federal, state and local laws, statutes,
regulations, ordinances and rules.
12. LEASEHOLD IMPROVEMENTS - Tenant will pay for initial leasehold
improvements to accommodate the start up. Furniture such as chairs, desk, computers,
monitors are to be provided by the Tenant.
13. TAXES. Taxes attributable to the Premises or the use of the Premises shall be
allocated as follows:
REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for
the Premises.
PERSONAL TAXES. Landlord shall pay all personal taxes and any other charges
which may be levied against the Premises and which are attributable to Tenant's use of
the Premises, along with all sales and/or use taxes (if any) that may be due in
connection with Lease payments.
14. DEFAULTS, REMEDIES.
a. Tenant Default The following shall constitute a material breach of this Lease and an event
of default by Tenant (“Tenant Event of Default”) hereunder:
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(1) Tenant’s failure to observe or perform any of the material covenants, conditions or
provisions of this Lease to be observed or performed by Tenant, where such failure shall
continue for a period of thirty (30) days after Tenant receives written notice thereof from
Landlord, or such additional period of time thereafter as Landlord and Tenant may agree
in writing and may be reasonably necessary under the circumstances to cure such default
if Tenant commences to cure such default within said thirty (30) day period and
thereafter diligently proceeds to cure such default.
b. Landlord Remedies. Upon the occurrence of any Tenant Event of Default and at
any time thereafter, 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 Default. The following shall constitute a material breach of this Lease and an
event of default by Landlord (“Landlord Event of Default”) hereunder:
(1) Landlord’s failure to observe or perform any of the material covenants, conditions or
provisions of this Lease to be observed or performed by Landlord, where such failure shall continue
for a period of thirty (30) days after Landlord receives written notice thereof from Tenant, or such
additional period of time thereafter as Landlord and Tenant may agree in writing and may be
reasonably necessary under the circumstances to cure such default if Landlord commences to cure
such default within said thirty (30) day period and thereafter diligently proceeds to cure such default.
d. Lessee Remedies. In the event Landlord fails to perform any of its material obligations
under this Lease and is in default pursuant to Section 13.3 of this Lease, Tenant may, at its option,
terminate this Lease. 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.
15. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative,
and shall not be construed as exclusive unless otherwise required by law.
16. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in
writing and hand delivered or sent by certified mail, postage prepaid, addressed as
follows:
LANDLORD:
Greater Phoenix Urban League, Inc.
1402 South 7th Avenue
Phoenix, Arizona 85007
TENANT:
Maricopa County Public Health - WIC
4041 N. Central Ave., Suite 700
Phoenix, Arizona 85012
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With a copy to:
Maricopa County Real Estate Dept.
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
Such addresses may be changed from time to time by any Party by providing notice as set
forth in this Section 16. Notices mailed in accordance with the above provisions shall be
deemed received on the third day after mailing.
17. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the
State of Arizona.
18. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire
agreement of the Parties and there are no other promises, conditions, understandings or
other agreements, whether oral or written, relating to the subject matter of this Lease.
This Lease may be modified or amended in writing by mutual consent of the Parties.
19. SEVERABILITY. If any portion of this Lease shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Lease is invalid or unenforceable,
but that by limiting such provision, it would become valid and enforceable, then such
provision shall be deemed to be written, construed, and enforced as so limited.
20. WAIVER. The failure of either Party to enforce any provisions of this Lease shall not
be construed as a waiver or limitation of that Party's right to subsequently enforce and
compel strict compliance with every provision of this Lease.
21. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to
the benefit of the Parties and their respective legal representatives, successors and
assigns.
22. ENTRY. The Landlord will maintain a set of keys for the lease offices for security
purposes. Landlord shall have the right, but not the obligation, to inspect the Premises at
reasonable times after reasonable notice to Lessee. Landlord shall also have the right of entry
without notice in the event of an emergency that may, in the Landlord’s sole discretion
endanger the life or safety of the building and/or its occupants.
23. QUIET ENJOYMENT. Landlord covenants that Tenant upon paying all rent as provided herein and
upon complying with all of its other obligations hereunder, shall lawfully and quietly hold, occupy and
enjoy the Premises during the term or any renewal term without hindrance or molestation by Landlord
or by anyone lawfully claiming by, through or under Landlord, subject, however, to the terms and
conditions of this Lease.
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24. AUTHORITY TO EXECUTE. Landlord warrants that the person who is executing this
Lease 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. Landlord further agrees that simultaneous with execution of this Lease, Landlord
shall provide proof of legal authority to execute this Lease.
25. COOPERATION. Landlord and Tenant 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 Landlord and/or Tenant pursuant to this Lease.
26. COUNTERPARTS. This Lease 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. Faxed,
copied and electronically transmitted signatures are acceptable as original signatures.
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L-7473
C-86-18-xxx-1-00
LANDLORD:
Greater Phoenix Urban League, Inc.
By: ___________________
Date
Its: ______________________________________________
TENANT:
Maricopa County
___________________________________________
Denny Barney
Chairman, Board of Supervisors
ATTEST:
___________________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
___________________________________________
Deputy County Attorney Date
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L-7473
C-86-18-xxx-1-00
Exhibit “A”
Premises
1402 South 7th Avenue
Phoenix, AZ 85007
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