LEASE L-7471 RE HEALTHY START WITH EASTERN-COLUMBIA LP.PDF

Lease No. L-7471
C-86-18-XXX-1-00
LEASE AGREEMENT
LEASE NO. L-7471
THIS LEASE AGREEMENT (“Lease”) made this ______ day of _________________, 2017,
between Eastern-Columbia Properties, LP, an Arizona foreign limited partnership (“Lessor”) and
Maricopa County, a political subdivision of the State of Arizona (“Lessee” or “County”),
“Lessor” and “Lessee” shall collectively be referred to herein as the “Parties”, or individually as
a “Party”.
Section 1. PREMISES.
1.1 Leased Premises. Lessor owns certain real property located at 3230 East Broadway
Road, Suite A200, Phoenix, Arizona 85040 (the “Property”) and Lessor hereby leases to Lessee
approximately 5,320 rentable square feet of office and clinic space within the Property as shown
at Exhibit “A” which is attached and made a part hereof (the “Premises”).
1.2 Use of Premises. Lessee shall have exclusive use of the Premises for the operation of a
Department of Public Health, Healthy Start Program of Maricopa County including associated
agency health care providers and strategic partners for general business and clinical space which
shall include, but not be limited to; data processing and storage, employee training, employee
lunch and/or kitchen facilities (including vending machines for Lessee's use only) and any other
legally permitted uses. Lessee shall have access to the Premises twenty-four (24) hours per day,
seven (7) days per week. Lessee is hereby granted a non-exclusive right to use in common with
Lessor, other tenants and occupants and other parties authorized by Lessor, their respective
employees, agents, contractors, customers and invitees, such parking areas, sidewalks, hallways,
and other common areas and facilities as Lessor shall from time to time designate for common
use (“Common Areas”).
1.3 Parking. Lessee, without charge or fee to Lessee, shall have use of a total of twenty-one
(21) parking spaces, five (5) covered reserved parking spaces in the parking lot located
directly east of the Building and the use of sixteen (16) unreserved spaces for Lessee,
Lessee’s employees, agents, contractors, customers and invitees.
1.4 Lessor Improvements. Lessor shall be responsible for permitting, procurement, construction
and project management to deliver within thirty (30) days of Lease execution, to the
reasonable satisfaction of Lessee, the improvements described in Exhibit “B” which is
attached hereto and made a part hereof (“Lessor Improvements”). As Lessor is not a licensed
contractor, Lessor shall retain an appropriately licensed contractor (“Contractor”) to
complete the Lessor Improvements. Lessor shall pay the Contractor directly for the Lessor
Improvements and administer said contract. If required, plans for the Lessor Improvements
and construction must be submitted to the required permitting and review agencies for
approval or issuance of permits. Lessor shall not authorize the Contractor to commence
construction of the Lessor Improvements prior to receipt of all required permits. All Lessor
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, the Uniform Federal Accessibility Act of 1983 and the Arizona Native
Plant Law. Lessor 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. All construction materials shall be new and shall be subject to
industry standard warranties. Upon completion of the Lessor 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, Lessor shall undertake to
remedy, at no expense to Lessee, those building code violations or other violations of
applicable law (if any) resulting from Lessor’s failure to initially construct the Lessor
Improvements in accordance with applicable building codes and other applicable laws in
effect at the time of permit issuance, of which violations Lessor receives a written violation
notice from Lessee or any governmental authority.
1.4.1 Prior to the commencement of the Lessor Improvements, Lessor 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 its subcontractors to maintain
equivalent insurance based in their trade and participation in the work.
1.4.2 NOTICE IS HEREBY PROVIDED that neither staff of Maricopa County Public
Health Department nor staff of the Maricopa County Real Estate Department has the
authority to perform technical review or approval of Lessor Improvements. It is the
responsibility of Lessor to determine and comply with all requirements associated
with permitting and constructing the Lessor Improvements. Lessor acknowledges that
the staff of the Maricopa County Public Health Department and staff of the Maricopa
County Real Estate Department do not have the authority or ability to issue permits or
licenses as required pursuant to this Lease and the determination of whether Lessor is
in compliance with the permitting and licensing requirements is the responsibility of
the permitting or licensing agency. The execution of this Lease shall not be
considered approval of any permit or license by Maricopa County.
1.4.3 The term “Substantially Completed” or any grammatical variation thereof, when
used in this Lease, shall mean that the Lessor Improvements have been completed and
delivered to Lessee for Lessee’s use and/or installation of Lessee’s furniture and
fixtures except for Punch List Items (as hereinafter defined) which can be fully
completed subsequent to the date the City of Phoenix completes its final inspection, if
applicable, or after Lessee has substantially occupied the Premises.
1.4.4 If Lessor fails to Substantially Complete the Lessor Improvements within thirty (30)
days of Lease execution, such event will be considered a material breach of this Lease
as described in Section 13.3 of this Lease. Remedies for said breach are set forth in
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Section 13.4 of this Lease. Notwithstanding the foregoing, if Lessor is made aware
that one (1) or more of the tasks listed on Exhibit “B” cannot be completed during the
thirty (30) day period due to permitting timelines, Lessor shall immediately provide
notice to Lessee of the anticipated timeline for the completion of the task(s) and the
Parties shall work together to determine what additional arrangements, if any, may be
needed to allow Lessee to substantially occupy the Premises by November 1, 2017.
1.4.5 Within ten (10) business days after Substantial Completion of the Lessor
Improvements, Lessee shall supply to Lessor a written list of items that constitute
minor defects or adjustments which can be completed after Substantial Completion of
the Lessor Improvements without causing any material interference with Lessee’s use
of the Premises (“Punch List”), setting forth all corrective work in addition to the
Lessor Improvements which Lessee believes is required to be performed. Lessor
shall perform all such corrective work identified on the Punch List. If Lessee does not
provide a Punch List within such ten (10) business day period, Lessee shall be
deemed to have accepted the Lessor Improvements in their entirety.
1.4.6 Lessee hereby designates Mark Bingham as its representative and agent for the
purpose of receiving notices, approving submittals and issuing requests for changes
associated with the Lessor Improvements.
Section 2. TERM.
2.1 Term. The initial term of this Lease shall commence on the Commencement Date as
hereafter defined. The term of the Lease shall expire October 31, 2020 (the “Term”) unless
terminated earlier as provided for herein. Lessee, at its option, along with its employees, agents,
contractors, subcontractors, engineers, consultants, suppliers and other representatives, and their
respective employees, upon reasonable notice to Lessor, shall be permitted to enter the Premises
at any time after the Commencement Date for the purposes of inspecting same, and for the
installation of Lessee’s furniture, fixtures and equipment (including telephone, communications
and computer equipment, along with wiring and cabling for same).
2.2 Commencement Date. The commencement date (“Commencement Date”) shall be
October 1, 2017 for fixturization only.
2.3 Rent Commencement Date. The date upon which rent begins to accrue (“Rent
Commencement Date”) shall be November 1, 2017.
2.4 Options to Renew. Lessor and Lessee may extend the term of this Lease upon written
mutual agreement for one (one) three (3) year term (“Renewal Term”). If either Party desires to
exercise the option to renew, the requesting Party shall provide notice of their intent to renew to
the other Party no later than sixty (60) days before the end of the initial Term.
2.5 Hold Over. In the event of expiration of the Lease, Lessor hereby grants to Lessee the
right of continued occupancy of the Premises as “hold over tenant” on a month to month basis
for up to three (3) months at the Lease rate, and on the same provisions and conditions, in effect
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for the last month of the current term of this Lease. Holdover beyond the initial three (3) months
as approved above would be at a 150% of current rents.
Section 3. CONSIDERATION.
3.1 Rent. In consideration for the use of Lessor’s property, Lessee agrees to pay as rent, in
equal monthly installments, plus rental tax, the sums as follow:
Lease Term Rate Monthly Annual
Months 1-36 $14.44 $6401.73 $76,820.80 plus rental tax
Tenant shall pay Rent to Landlord at the address set forth in Section (9.1) of this Lease,
or to another person or at another address as Landlord may from time to time designate in
writing. Rent not received by the fifth (5th) day of the calendar month shall, without notice, be
assessed a late fee of five percent (5%) of the delinquent amount.
3.2 Operating Expenses. Lessor 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.
3.3 Security Deposits. Intentionally deleted.
Section 4. INSURANCE.
4.1 Lessee represents and Lessor acknowledges that Lessee is self insured.
Section 5. MAINTENANCE/UTILITIES.
5.1 Utilities – Lessor shall be financially responsible for the cost of electricity service to the
Premises. Lessor shall be responsible for the payment of all other utility services provided to the
Premises and Common Areas including but not limited to gas, trash, water, and sewer services
fees. Lessee shall be responsible for the payment of its use of the following services: phones,
internet services (to include internet and phone wiring) and security systems.
5.2 Maintenance – Lessor shall be responsible for janitorial service to the Premises.
Janitorial services shall be provided daily between the hours of 5:00PM and 10:00PM, Monday
through Friday with the exception of National Holidays. Lessor agrees to provide all necessary
maintenance services to the Premises throughout the term of this Lease or any extensions
thereof. Lessor 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. It is understood that the structure and Premises are currently in
a state of good repair. Lessor shall keep all mechanical, plumbing, electrical and air-
conditioning/HVAC operating and in a state of good repair. Lessor 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. Lessor shall
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maintain the Premises in a safe, operating condition. Lessor shall be responsible for maintaining
the structure of the Premises in accordance with A.A.C. R9-10-1030, Physical Plant,
Environmental Services, and Equipment Standards, applicable to state licensed outpatient
treatment centers.
Section 6. RETURN OF PREMISES.
6.1 At the expiration or termination of the Lease, Lessee will leave the Premises in a good
and clean condition, normal wear and tear excepted.
Section 7. ASSIGNMENT.
7.1 Lessee will not assign this Lease, or sublet the Premises without the prior written consent
of Lessor which consent shall not unreasonably be withheld. This Lease shall be binding upon
the Parties hereto and their respective heirs, successors and assigns.
Section 8. ENTRY.
8.1 Lessor shall have the right, but not the obligation, to inspect the Premises at reasonable
times after reasonable notice to Lessee. Lessor shall also have the right of entry without notice in
the event of an emergency that may, in the Lessor’s sole discretion endanger the life or safety of
the building and/or its occupants.
Section 9. NOTICE.
9.1 All notices herein required to be given to Lessor in writing via certified mail, and all
remits shall be sent to Lessor at:
Eastern-Columbia Properties, LP.
c/o Victoria Properties Management, LLC
627 S. 48th Street, Suite 110
Tempe, AZ 85281
Notices to Lessee shall be sent via certified mail to:
Maricopa County Real Estate Department
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
All invoices to Lessee shall be sent to Maricopa County Department of Public Health at:
Maricopa County Public Health
Attn: Program Director
3230 East Broadway Road, Suite A200
Phoenix, Arizona 85040
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Notices associated with Lessor Improvements:
Maricopa County Public Health
Attn: Mark Bingham
4041 N. Central Avenue, Suite 1400
Phoenix, AZ 85012
Office: 602-372-4419
Cell: 602-390-7745
Section 11. INDEMNIFICATION.
11.1 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 attorney’s fees) (hereinafter collectively referred to as “claims”) arising
out of the negligent performance of this agreement, but only to the extent that such claims which
result in vicarious/derivative liability to the indemnitee are caused by the act omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents employees,
or volunteers.
Section 12. TERMINATION.
12.1 General. This Lease may be terminated with One Hundred Eighty (180) days written
notice from either Party to the other.
12.2 Conflicts. This Lease is subject to A.R.S. § 38-511 and may be canceled by Lessee
pursuant thereto without any penalty or liability to Lessee.
12.3 Non-Appropriation of Funds. This Lease may be terminated by Lessee at the end of
any fiscal year due to non-appropriation of funds without any penalty or liability to Lessee.
County and State fiscal years end June 30, Federal fiscal year ends September 30. Lessor and/or
any of its employees, agents, officers, directors, members, successors or assigns hereby waives
any and all rights to bring any claim against County or its employees, agents, officers, directors,
members, successors or assigns from or relating in any way to County’s termination of this
Agreement pursuant to these Sections 12.1, 12.2 and 12.3.
Section 13. DEFAULT; REMEDIES.
13.1 Lessee Default. Each of the following shall constitute a material breach of this Lease
and an event of default by Lessee (“County Event of Default”) hereunder:
(a) Lessee assigning or subleasing the Premises without Lessor’s prior written
consent.
(b) Lessee’s failure to observe or perform any of the material covenants, conditions
or provisions of this Lease to be observed or performed by Lessee, other than as
described in Subsection 13.1(a), where such failure shall continue for a period of thirty
(30) days after Lessee receives written notice thereof from Lessor, or such additional
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period of time thereafter as Lessor and Lessee may agree in writing and may be
reasonably necessary under the circumstances to cure such default if Lessee commences
to cure such default within said thirty (30) day period and thereafter diligently proceeds
to cure such default.
13.2 Lessor Remedies. Upon the occurrence of any County Event of Default and at any time
thereafter, Lessor may terminate this Lease. Further, upon any occurrence of any County Event
of Default and at any time thereafter, Lessor may, but shall not be required to, exercise any
remedies now or hereafter available to Lessor at law or in equity.
13.3 Lessor Default. Each of the following shall constitute a material breach of this Lease
and an event of default by Lessor (“Lessor Event of Default”) hereunder:
(a) Lessor’s failure to observe or perform any of the material covenants, conditions or
provisions of this Lease to be observed or performed by Lessor, where such failure shall
continue for a period of thirty (30) days after Lessor receives written notice thereof from
Lessee, or such additional period of time thereafter as Lessor and Lessee may agree in
writing and may be reasonably necessary under the circumstances to cure such default if
Lessee commences to cure such default within said thirty (30) day period and thereafter
diligently proceeds to cure such default.
13.4 Lessee Remedies. In the event Lessor fails to perform any of its material obligations
under this Lease and is in default pursuant to Section 13.3 of this Lease, Lessee may, at its
option, terminate this Lease. Further, upon the occurrence of any Lessor Event of Default and at
any time thereafter, Lessee may, but shall not be required to, exercise any remedies now or
hereafter available to Lessee at law or in equity.
13.5 Attorneys’ Fees and Costs. In the event Lessor or Lessee resort to legal proceedings to
enforce any right under this Lease or to obtain relief for any default by the other party, the party
prevailing in such proceedings shall be entitled to recover from the defaulting party the costs
thereof, including reasonable attorneys’ fees and costs.
Section 14. SUBORDINATION AND ATTORNMENT.
14.1 Upon written request of Lessor, or any first mortgage or first deed of trust beneficiary of
Lessor, Lessee shall, in writing per Exhibit “C” which is attached hereto and made a part hereof,
subordinate its rights under the Lease to the lien of any first mortgage or first deed of trust, and
to all advances made or hereafter to be made thereunder. However, before signing the
subordination agreement per Exhibit “C”, Lessee shall have the right to obtain from any lender
or lessor requesting such subordination, an agreement in writing providing that, as long as Lessee
is not in default hereunder, the Lease shall remain in effect for the full term. The holder of any
security interest may, upon written notice to Lessee, elect to have the Lease prior to its security
interest regardless of the time of the granting or recording of such security interest. In the event
of any foreclosure sale, transfer in lieu of foreclosure, Lessee shall attorn to the purchaser or the
transferee of Lessor as the case may be, and recognize that party as Lessor under the Lease,
provided such party acquires and accepts the Premises subject to the Lease.
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Section 15. ESTOPPEL CERTIFICATES.
15.1 Within thirty (30) days after written request from Lessor, Lessee shall execute and deliver
to Lessor or Lessor’s designee, a written statement per Exhibit “D” 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 Lessor; and (d) that Lessor is
not in default hereunder or if Lessee is claiming Lessor to be in default, stating the nature of any
claimed default. Any such statement may be relied upon by a purchaser, assignee, or lender.
Section 16. GENERAL.
16.1 Lessor. The term “Lessor” as used herein includes the singular as well as the plural, the
masculine and feminine as well as the neuter.
16.2 Time is of the Essence. Time is of the essence of this Lease. The word(s) “day” or
“days” as utilized in this Lease shall mean calendar days unless expressly stated otherwise. 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, 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.
16.3 No Partnership or Joint Venture. Nothing contained in this Lease shall create any
partnership, joint venture or other arrangement between Lessor and Lessee. Except and
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.
16.4 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
County hereby waive any right to object to venue. This Lease shall be construed in accordance
with and be governed by the laws of the State of Arizona.
16.5 Entire Agreement. This Lease, together with any supplemental provisions attached
hereto, constitutes the entire agreement between the parties and sets forth all of the covenants,
promises, agreements, conditions and understandings between Lessor and Lessee, and there are
no covenants promises, agreements, conditions or understandings, either oral or written, between
Lessor and Lessee other than as set forth herein, and those agreements that are executed
contemporaneously herewith. 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 Lessor and Lessee. Lessor and Lessee have reviewed this Lease
and have had the opportunity to have it reviewed by legal counsel.
16.6 Waiver. Waiver of any breach of any term, conditions or covenant herein contained
shall not be deemed to be a waiver of any subsequent breach of any term, covenant or condition
herein.
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16.7 Quiet Enjoyment. Lessor covenants that Lessee, 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 Lessor or by anyone lawfully claiming by, through or under Lessor, subject,
however, to the terms and conditions of this Lease.
16.8 Authority to Execute. Lessor 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. Lessor further agrees that simultaneous with execution of this Lease, Lessor shall provide
proof of legal authority to execute this Lease.
16.9 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
provisions hereof shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
16.10 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.
16.11 Cooperation. Lessor and Lessee 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 Lessor and/or Lessee pursuant to this Lease.
16.12 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.
16.13 Not Binding Until Signed. Submission of this instrument for examination shall not bind
Lessor or Lessee in any manner, and no lease or obligation on Lessor or Lessee shall arise until
this Lease is executed and delivered by both Lessor and Lessee.
16.14 Delegation of Authority. Since this Lease will require administrative action, including
execution of documents, from time to time to carry out the intent of the Lease, both the Deputy
County Manager for Maricopa County and the Real Estate Director for Maricopa County each,
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.
16.15 Building Operating Hours. Lessee shall have 24-hour, seven (7) days per week access
to the Premises. Lessee understands that the normal operating hours for the Building’s
mechanical systems is Monday through Friday from 7:00am to 7:00pm and Saturday from
7:00am to Noon.
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Lease No. L-7471
C-86-17-XXX-3-00
IN WITNESS WHEREOF, the Parties have executed this LEASE as of the last date written below.
LESSOR: LESSEE:
Eastern-Columbia Properties, LP Maricopa County
________________________________________ ______________________________________
BY Date Denny Barney
Chairman, Board of Supervisors
________________________________________
Printed Name
________________________________________ ATTEST:
Title
_______________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
_______________________________________
Deputy County Attorney Date
Page 10 of 17

Lease No. L-7471
C-86-18-XXX-1-00
EXHIBIT “A”
Premises
5,320 rentable square feet of office space located at
3230 East Broadway Road, Suite A200, Phoenix, AZ 85040
Page 11 of 17

Lease No. L-7471
C-86-18-XXX-1-00
Exhibit “B”
LESSOR IMPROVEMENTS
1. Create a demising wall at the north end of the Premises.
2. Remove door to far north room and its hardware.
3. Remove built-in cabinet(s) from northwest corner of far north room.
4. Remove data cabinet from telecommunication room.
5. Repair all roof leaks and replace damaged/discolored ceiling tiles.
Page 12 of 17

Lease No. L-7471
C-86-18-XXX-1-00
Exhibit “C”
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
AGREEMENT CERTIFICATE
for
LEASE AGREEMENT NO. L-7471
THIS AGREEMENT dated the ________day of _______________________, 20_____ 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 3230 East Broadway Road, Suite A200, Phoenix,
Arizona 85040, said premises more particularly described in said Lease, and
WHEREAS, Lender has made a loan to Lessor (Eastern-Columbia Properties, L.P.) in the
sum of $_________________ secured by a [Deed of Trust, Mortgage or Deed to Secure Debt],
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 Agreement, 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, in consideration and the sum of $10.00 by each party in hand paid
to the other, 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 Deed of Trust 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,
Page 13 of 17

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 Deed of Trust 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 acknowledgement of such purchaser of the validity of any then existing claims of
Lessee against the prior Lessor. All rights and obligation 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, including a new lease upon the same terms and
conditions as the said Lease, 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 nay 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 Agreement 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 the Maricopa County Board
of Supervisors in Section 14 and Section 16.14 of the Lease.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Lease No. L-7471
C-86-18-XXX-1-00
IN WITNESS WHEREOF the parties hereto have executed these presents the day and the year
first above written.
Executed this ______ day of _________________, 20____.
LESSEE: Maricopa County
__________________________________________
Signature
__________________________________________
Printed Name, Title
The terms of the above Agreement are hereby consented and agreed to.
__________________________________
Owner and Lessor
By: _______________________________
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Lease No. L-7471
C-86-18-XXX-1-00
Exhibit “D”
TENANT ESTOPPEL CERTIFICATE
for
LEASE AGREEMENT NO. L-7471
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 Eastern-Columbia
Properties, LP, an Arizona foreign limited partnership, as Lessor dated
________________________, 2017 covering the premises described as: a lease located
at 3230 East Broadway Road, Suite A200, Phoenix, Arizona 85040. The Premises are
more fully described in the attached fully executed copy of the Lease agreement (and
all amendments or modification thereto, if any) and Exhibit “A” 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 _______________________, 2017.
3. The Lease will expire October 31, 2020 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.
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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. Tenant has no right or option to purchase any 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.
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 the Maricopa County Board
of Supervisors in Section 15 and Section 16.14 of the Lease.
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
__________________________________
Signature
By: _______________________________
Printed Name
Title: _____________________________
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