L-7134 ORIGINAL LEASE AGREEMENT 06-17-91.PDF

4)2(9 44
9 L-5216
tS9140 AZ0130634
Recorded:
Maricopa County Arizona Recorder's Office
Lease No. L-7134
LEASE AGREEMENT
THIS AGREEMENT made this day of ..._\.1I 11•Q._ , 1411_,
Between Catellus Development Corporation, a Delaware Corporation,
LESSOR, and the County of Maricopa, a political subdivision of the State
of Arizona, as LESSEE.
LESSOR hereby leases to LESSEE the following described premises:
Approximately 6,624 square feet of space located at 4622 West
Indian School Road, Suite 10, Building D, Phoenix, Arizona.
Also included are 50 parking spaces for use by Court employees
and public s seven (7) of which shall be reserved for use by Court
employees.
LESSEE shall use the leased premises for Maricopa County
Maryvale Justice Court .
The term of this lease shall commence on the 1st day of
September, 1991, and terminate on the 31st day of August, 1996.
LESSEE agrees to pay as rent as follows: Year 1 - Seventy Eight
Thousand One Hundred Sixty Three Dollars ($78,163.00) plus applicable
rental tax; Year 2 - Eighty Two Thousand One Hundred Thirty Eight
Dollars ($82,138.00) plus applicable rental tax; Year 3 - Eighty Six
Thousand One Hundred Twelve Dollars ($86,112.00) plus applicable rental
tax; Year 4 - Ninety Thousand Eighty Six Dollars ($90,086.00) plus
applicable rental tax;
Initials 6372
LESSOR LESSEE

Lease No. L-7134 Page -2-
Year 5 - Ninety Four Thousand Sixty One Dollars ($94,061.00) plus
applicable rental tax. The foregoing shall be paid in equal monthly
installments, in advance, on the first day of each month commencing from
date of possession.
1) LESSOR agrees to make improvements in the aforesaid space as
set forth in Exhibit A attached hereto and by this reference made a part
hereof at the sole expense of LESSOR. Final space plan and
specifications to be approved by LESSEE and LESSOR. LESSEE, with prior
written consent of LESSOR, may make additional improvements as the
LESSEE deems reasonably necessary to make the leased premises suitable
for use by the LESSEE. LESSOR shall not unreasonably withhold consent
to make such improvements.
2) LESSOR shall at its own expense insure the leased premises
for all perils and risk coverage on the structure(s) including, but not
limited to fire, wind, burglaries, and other casualties. LESSOR
understands and acknowledges that LESSEE is self-insured.
3) LESSEE agrees to indemnify and hold LESSOR harmless from and
against any and all claims of liability, loss or damage, including legal
fees and expenses whatsoever, arising from any act, omission or
negligence of LESSEE, its invitees, licensees, agents or employees,
incurred by LESSOR arising out of the use of said premises, unless said
acts or omissions are caused by the negligence of LESSOR, its agents or
employees.
Initials
LESSOR LESSEE

Lease No. L-7134 Page -3-
Further, LESSOR agrees to indemnify and hold LESSEE harmless from and
against any and all claims of liability, loss or damage, including legal
fees and expenses of whatsoever kind or nature, arising from any act,
omission or negligence of LESSOR, its invitees, licensees, agents or
employees, incurred by LESSEE arising out of the use of said premises,
unless said acts or omissions are caused by the negligence of LESSEE,
its agent or employees.
4) LESSOR shall be responsible for the payment of utility
services provided to the premises, including but not limited to
electricity, gas, trash service. LESSEE shall be responsible for the
installation and all charges for telephone service. LESSOR shall be
responsible for payment of water service to the premises occupied by
LESSEE.
5) LESSOR shall maintain the structure of the leased 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 walls, roof, floors, foundations,
stairways and exterior sidewalks and all electrical, plumbing, heating
and air-conditioning system and equipment. It is understood that the
structure and leased premises are currently in a state of good repair.
LESSOR shall not be responsible for repairs due to negligence of LESSEE
or its agents.
Initials rt
LESSOR LESSEE

Lease No. L-7134 Page -4-
6) If LESSOR, for any reason whatsoever, cannot deliver
possession of the premises to LESSEE at the commencement of the term of
this lease, this lease shall be voidable, at LESSEE'S option. LESSEE
shall notify LESSOR within 30 days after commencement date that
the lease is being terminated for nondelivery/ However, in the event
LESSEE desires to continue the lease, the rental period shall commence
upon delivery of possession by LESSOR. If LESSEE has prepaid the said
rent, LESSOR shall refund or credit LESSEE on a pro rata basis.
7) LESSOR shall perform all repair/replacement maintenance of
installed building utility systems and maintain all installed floor
covering in a state of good repair.
8) Routine maintenance shall be the responsibility of LESSOR,
which shall include: electrical and plumbing repairs; painting the
interior walls; replacement of all broken glass of the leased premises
resulting from all perils including, but not limited to, fire, wind,
burglaries, and other casualties. LESSOR shall not be responsible for
repairs due to negligence of LESSEE or its agents. Janitorial and
landscape services shall be provided and said services shall be paid by
LESSOR. LESSOR shall keep leased exterior grounds free from trash and
other rubbish.
9) Equipment, including water heaters, furnaces,
air-conditioners, and fire extinguishers of the leased premises shall be
maintained by the LESSOR in a safe, operating condition. Any additional
fire extinguishers and alarms required by LESSEE are to be furnished and
maintained by the LESSEE.
*and Lessor shall have thirty (30) days from such notice to deliver possession of
the Premises and in such case the lease shall remain in full force and effect.
Initials
LESSOR LESSEE

Lease No. L-7134 Page -5-
10) LESSOR shall, at its own expense conform to all applicable
standards contained in: the "Uniform Building Code for Life Safety"
("U.B.C."); and also to all provisions and standards in "Arizona Revised
Statutes for Handicapped Accessibility" in Title 9-499.02 and Title
34-401 through 34-439. This will include but not be limited to
Handicapped Accommodations such as: rest rooms, drinking fountains,
pedestrian ramps, etc.
11) Subject to ordinary wear and tear, at the expiration of
this lease, LESSEE will return the leased premises to the LESSOR in good
condition. LESSEE may, in its discretion, abandon the improvements made
by LESSEE or remove said improvements and restore the premises to its
original condition, ordinary wear and tear excepted.
12) LESSOR hereby grants to LESSEE the option of renewing this
Lease for ditional 1 year term(s). To exercise this option,
LESSEE shall give LESSOR 60 days written notice of their intent to renew
prior to the expiration of this lease. The rental during the renewal
term(s) of this lease shall be negotiated at time of renewal. In the
event of expiration of this lease without renewal LESSOR hereby grants
to LESSEE the right to continued occupancy of the leased premises as a
"hold-over tenant" on a "month-to-month" basis for up to six (6) months
at the lease rate in effect at the time of expiration, payable monthly.
13) Either LESSOR or LESSEE may terminate this agreement during
the term hereof by giving the other party 90 days written notice of
intent to terminate by certified mail.
Initials
LESSOR LESSEE

Lease No. L-7134 Page -6-
In the event LESSOR terminates this agreement during the term hereof,
the rent payment heretofore made by LESSEE shall be prorated on the
number of days remaining in the lease term. LESSOR shall refund the
prorated amount to LESSEE within 90 days after termination. In the
event LESSEE terminates this agreement during the term hereof, LESSEE
shall reimburse LESSOR for tenant improvements in an amount not to
exceed One Hundred Seventy Two Thousand Five Hundred Twenty Five Dollars
($172,525.00) prorated on the number of months remaining in the lease
term. (Example - If the lease is terminated by LESSEE after 24 months -
40% of the 60-month term, reimbursement shall be 60% of the amount
expended on the tenant improvements.) LESSEE shall reimburse the
prorated amount to LESSOR within 90 days after termination. LESSOR
shall furnish LESSEE with written documentation on cost of tenant
improvements prior to construction of said improvements. At the
expiration of the 60-month term of this lease LESSEE shall no longer be
responsible for reimbursement of tenant improvements.
14) In the event of partial or complete damage or destruction
of the leased premises from any cause, which materially affects the use
of the leased premises, LESSEE or LESSOR may terminate the lease. If
LESSOR restores leased premises to the former condition, LESSEE may, at
LESSEE'S option, re-enter said premises. Monthly rent shall be prorated
,any portion of
for the period during which LESSEE was unable to occupy/the premises.a.e4-
crcditcd to thc amount -due by LESCEE in tha event LESSEE re -eaters the
rrenti-se-s-r
Initials 6 . 1?0,12,!
LESSOR LESSEE

Lease No. L-7134 Page -7-
Prepaid rent shall be refunded to LESSEE in the event LESSEE terminates
this lease pursuant to the provisions of this paragraph. In no event
shall LESSEE be responsible for reimbursement to LESSOR for improvement
costs in the event this lease is terminated as a result of partial
damage or destruction to the premises.
15) LESSEE shall not assign this lease or sublet premises
without the written consent of LESSOR.
16) LESSOR shall have the right to inspect the leased premises
at reasonable times after reasonable notice to LESSEE.
17) The term "LESSOR" as used herein includes the singular as
well as the plural, the masculine and feminine as well as the neuter.
18) If subject premises are sold during the term of this lease,
LESSOR shall be required to notify LESSEE in writing, via certified mail
within thirty (30) days of the transfer date.
19) All notices herein required to be given to LESSOR and all
rent payments herein required shall be sent to LESSOR at Catellus
Development Corporation, c/o Ventura Realty Services, 5040 East Shea
Boulevard, Suite 252, Scottsdale, Arizona 85254.
Notices to LESSEE shall be sent to:
Real Estate Administrator
Maricopa County Highway Department
3325 West Durango Street
Phoenix, Arizona 85009
Initials 61--
LESSOR LESSEE

Lease No. L-7134 Page -8-
20) The LESSEE may terminate this Agreement at the end of any
fiscal year during the term of the Lease provided that funds are not
available from the governing legislature or funding body for the
continuation of this Agreement. The LESSEE'S fiscal year ends on June 30
each year.
21) This Lease, together with any supplemental provisions
attached hereto, constitutes the entire agreement between the parties.
Waiver of any breach of any term, condition or covenant herein contained
shall not be deemed to be a waiver of any subsequent breach of any term,
covenant or condition herein. This lease shall be binding upon the
parties hereto and their respective heirs, successors and assignees.
Time is of the essence of this Agreement.
LEASE AGREEMENT NO. L-7134
LESSOR: LESSEE:
CATELLUS DEVELOPMENT CORPORATION,
a Delaware corporation
By 4022st,23i414.1../. MARICOPA COUNTY BOARD OF
SUPERVISORS
Title:,4.114iezzadzeAkkvider
;
JUN 1 7 1991 By
Chairman of the Board
***** **** *** *************** *** *********** ******* ******* **** *********
APPROVED AS TO FORM:
Initials
LESSOR LESSEE

EXHIBIT "A"
LEASE NO. L-7134
Tenant improvements consistent with a typical Justice Court include, but are
not limited to the following:
• Large courtroom with jury box, judge's bench, witness stand and
spectator seating
• Small courtroom/hearing room
• Lobby area with public necessities, restrooms, water fountain, pay
phone, etc. (Handicapped accessible)
• Clerical area, filing counter with built-in drawers and cabinets
• Equipment/supply room with built-in shelves for forms
• Storage room
• Jury deliberation room/ UT_,kUNN *)AkiNt)15
• "Holding Tanks" (2)
• Holding Interview room
• Lunch room/lounge, employees restrooms
• Judge's chambers w/restroom
• Offices for Chief Clerk, Constable, Pro Tern, Public Defender, County
Attorney
• Signage
Tenant improvements to include 100Z air conditioning and heating, dropped
ceilings throughout, standard office lighting, standard electrical outlets,
window coverings, vinyl tile in lobby/waiting area, carpet in clerical and
courtroom areas.
Final space plan and specifications to be approved by Lessor and Lessee.
Initials
LESSOR LESSEE

:.C3 ::.IJOEST1?1 -NST7ALT:ON "...4 NO '
:alv 1. :931. Revtied ElXIIIT A
'arteeie Puolic Courts :417 PRICE 1.137
Suildin 0 mASTEP CONTRACT
S324 S.F. AT FE CENTER
112.31 ;Er S.F.
:SANTA FE LAND :EYELOPAEMT E3APANY
$152,452 Total
Units it cost %Ca
1. Minn Perla Procurnent 6424 1 L.S. $3,043
2. lntortor galls - :ailing Aeint 716 414.75 L.F. 113,431
3. Interior gall - 12* Abort Cettlno
A. Fire lane an One site 115.63 L.F. $0
3. Finished loth Sides 119.10 L.F. 10
4. 0esising dall 17113 S1.67 S.F. 12.941
S. 2oor Assents' :3 1209.14 EA. 11,962
I. :Wind 214 ACOUSLIC Ti1e/12'AFF :132 10.70 S.F. $3,413
7. lathrood Pactage 12,140.42 L. 40
3ithroo4 ?sane (21 : $4,309.54 EA. 112,929
3. 2:4 Fluorescent 59 113.26 EA. $3,200
4. 3' Fluorescent 471.18 EA. 40
10. Incanducent Light 441.37 LA. $0
11. Te1eonone Cutlets 18 110.47 EA. 0188
12. Licht Switch Sint. Pohl :s $36.63 EA. $916
11. Lion Eettcn !knit ?cle 152.14 EA. 10
14. Tenant Eua Panel
a. 100 Aa0 4241.43 EA. 10
!. 200 An $418.61 EA. 10
c. 400 Ago 1 $833.17 EA. $33
II. Electrical in-feed
a. 100 Aso $8.11 L.F. 10
1. 200 A40 $14.63 L.F. $0
C. 400 A40 SO $29.31 L.F. 41,443
1. Meter I Alin E.Ittcn
a. 100 Aeo 4811.19 EA. 10
1, 2:0 Aso 01.287.44 EA. $0
:. 400 Aso 1 12,202.74 EA. $2,303
17. 7elenons Candutt Feed So 10.21 L.F. $10
19. Yenttlation Faa 110 CFR 1221.90 EA. $O
19. Ducting and Flashing S $157.01 EA. 1942
20. Finish Patnt
a. Flat 17700 10.18 S.F. 13,100
S. Ent ilost :380 10.19 S.F. :no
21. Finish Flooring
a. Caron 22 On. 498 $10.78 S.Y. 15.261
1. 101 1790 10.85 S.F. $1,313
22. Finish 915e Auner
a. 4' 1704 10.33 L.F. $1,444
21. Final Clean-uo 6624 10.11 S.F. $493
Initials 4
Lessor Lessee

ED IE.;22 UDENTt.L :C=UOT:Cli .:u44Jcc....:
laryvale Falic Caort%
hilattli a Zuly 3, 1991, Revised
:ABTA FE CENTER
?age .3
NON-STANDARD UNITS
1. Ceiling Imitation :122 10.32 S.F. st,S03
2. Millwork. Platform frastag AIL:mance 1 24,081.00 L.S. 14,005
3. Sigma, 1 $2,302.00 L.S. 12,882
4. Eli! lights $130.00 EA. 0900
Battery Lights s i1:0.00 EA. $900
h. floo Slot and E.O.F. 4913.00 L.S. $913
7. 51ass and Blazing at Clark 0230.00 L.S. $7.30
3. Floor Outlets 1 11:0.00 EA. $100
3. Ales System Allowance : 1200.00 L.S. $f00
10. Ply mane Allowance 1 110.00 L.S. $10
11. Late' Eoomy at Mottling area 433 13.43 S.F. $217
12. Bench Seating Allowance 1 SI,32B.00 L.S. $3, 33*
---------
$14,617
Seneca! Condition% S2,334
:vernead and Profit 12,284
ION-BUIL:ING STANDARD PROPOSAL Par $20,935
STANDARD 1128,144
:100-STAM0A80 120,915
- -
:A-TOTAL 114/000
AODITIONAL ITEMS
I. 3ar Sink at Lunchrooli I 1450.00 L.:. 14:0
7. SidelIgnt at Judge s Chambers $190.00 L.S. 1190
3. Firtrated 314' Plywood at Holding Rooms 12,174 1.3. 42.174
s2,815
General Conditions 1348
•ernead and Profit 1217
ALTERNATE A00 ITEMS ?NORMAL AMOUNT
TOTAL 1112.452
ALTERNATE A00 ITEMS [Paid for by others)
1. Shower at Jcdcle . % Oaviert Reit Roo. 0333 L.S. $:23
iftotart4
Initials
Lessot Lessee

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