FREANEL & SON GILBERT, LLC ORIGINAL LEASE L-7329.PDF
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Agenda Activity: Action Agenda Number: C-22-03-111-4-00
Department: Human Services
Category: Chief Health Services Officer
Contact: Ken Johnson/Darcy Bucholz Phone: 506-1344 / 506-0066 Continued from:
Return to: Tony Chavez @ Finance- R/E Phone: 506-4282
Location: Facilities - 401 West Jefferson Street
Action Requested:
Approve and execute new limited service Lease No. L-7329 with Gilbert Town Center Associates, L.P.,
Lessor for a 14,700 square foot Maricopa Workforce Connection Career Development Training Center at
735 North Gilbert Road, Suite 134, Gilbert, AZ. The lease term shall be for seven (7) years commencing
on the first day of May, 2003 and terminate on the 31 day of March, 2010. Annual rental cost as follows:
• Year 1: $15,680.00 monthly @ $9.00 a sq. ft.,
• Year 2: $15,331.25 monthly @ $9.25 a sq ft,
• Year 3: $16,292.50 monthly @ $9.50 a sq ft,
• Year 4: $16,598.75 monthly @ $9.75 a sq ft,
• Year 5: $16,905.00 monthly @ $10.00 a sq ft,
• Year 6: $17,211.25 monthly @ $10.25 a sq ft,
• Year 7: $17,517.50 @ $10.50 a sq ft.
County agrees to pay all NNN charges, which are currently estimated to be $3.80 per square foot
annually or $4,655.00 monthly. This agreement contains a 180-day termination clause.
Amended Action:
Approve and execute new limited service Lease No. L-7329 with Gilbert Town Center Associates, L.P.,
Lessor for a 14,700 square foot Maricopa Workforce Connection Career Development Training Center at
735 North Gilbert Road, Suite 134, Gilbert, AZ. The lease term shall be for seven (7) years commencing
on the first day of May, 2003 and terminate on the 31 day of March, 2010AMENDMENT: DATE SHOULD
BE: APRIL 30, 2010. Annual rental cost as follows:
• Year 1: $15,680.00 monthly @ $9.00 a sq. ft.,
• Year 2: $15,331.25 monthly @ $9.25 a sq ft,
• Year 3: $16,292.50 monthly @ $9.50 a sq ft,
• Year 4: $16,598.75 monthly @ $9.75 a sq ft,
• Year 5: $16,905.00 monthly @ $10.00 a sq ft,
• Year 6: $17,211.25 monthly @ $10.25 a sq ft,
• Year 7: $17,517.50 @ $10.50 a sq ft.
County agrees to pay all NNN charges, which are currently estimated to be $3.80 per square foot
annually or $4,655.00 monthly. This agreement contains a 180-day termination clause.
Complete description of action requested:
This lease arrangement allows for the administration of the Workforce Investment Act (WIA) programs in
eastern Maricopa County and will be designated as a comprehensive one-stop center for employment
and training services, as required by the WIA. This site will provide services to approximately 5,000 job
seekers (adults and youth) annually and will provide workspace for staff from the 13 partner programs
required in the Act.
PERFORMANCE INFORMATION:
Program: Workforce Development
Activity: Employer Services and Job Seeker Services
Performance • # of employers who conduct on-site recruitment at our centers
Measures: • # of individuals accessing services
https://ac.maricopa.gov:8889/print_agenda_wstatus.asp 6/26/2003
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Anticipated By approving this lease agreement the center providing service in east valley will be in compliance with the Workforce
Results: Investment Act by having space available to accommodate all WIA activities and partner programs. In addition, more
customers will be served because of additional space and upgraded facilities.
Expenditure Impact by FY(s):
EXPENDITURE
FY 2003 -$31,360
FY 2004 -$187,462.50
FY 2005 - $185,897.50
FY 2006 -$196,122.50
FY 2007 -$199,797.50
FY 2008 - $203,472.50
FY 2009 - $207,147.50
FY 2010 -$175,175.00
Routing: Meeting Date: 12/18/2002
Legend X=Pending A=Approved R=Rejected
LEGAL OMB REAL ESTATE
A A A
Status for Agenda Number C-22-03-111-4-00
Dept Head Approval Approved DARCY A. BUCHOLZ 12/12/02 4:57:04 PM
Chief Officer Approval N/A
OMB Approved DON 0. TELLIS 12113/02 10:14:43 AM
Legal Approved DAVID H. BENTON 12117/02 2:19:47 PM
Real Estate Approved ROBERT M. CORLEY 12/17/02 8:49:12 AM
County Administrator's Office Approved CHRISTINE M. PINUELAS 12/20/02 11:28:51 AM
Board of Supervisors Approved FRAN M. MCCARROLL 12/18/2002
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LEASE AGREEMENT NO. L-1,129.
Page 1 of 15 C-22-03-111-4-00
LEASE AGREEMENT NO. L-7329
THIS AGREEMENT (the "Agreement" or "Lease") made this 26th day of March, 2003,
between GILBERT TOWNE CENTER ASSOCIATES, LIMITED PARTNERSHIP, as
"LESSOR", and MARICOPA COUNTY (the "County"), a political subdivision of the State of
Arizona, on behalf of the MARICOPA COUNTY HUMAN SERVICES DEPARTMENT —
WORKFORCE DEVELOPMENT DIVISION, as "LESSEE".
1) PREMISES; COMMON AREAS. LESSOR hereby leases to LESSEE Suite 134 of the
retail/shopping center commonly known as Gilbert Towne Center (the "Center"), located at 735 North
Gilbert Road, Gilbert, Arizona, which premises is approximately 14,700 square feet (the "Premises").
The Center is shown on the site plan attached hereto as Exhibit A, the Center and the Premises are
depicted and attached hereto as Exhibit A. The floor plan of the Premises is depicted and attached
hereto as Exhibit D (Exhibit D is a preliminary depiction and subject to change in Landlord's
discretion). LESSEE's rights under this Lease shall include the right, in common with the other
tenants and occupants of the Center, to utilize for their intended purposes, the parking areas, access
roads, driveways, sidewalks, stairs, landscaped areas, and all other areas in the Center provided from
time to time for the non-exclusive use and convenience of the tenants and occupants of the Center and
their employees, agents and invitees (collectively, the "Common Areas"). The Common Areas shall
remain under LESSOR's control and LESSEE shall comply with the reasonable rules and regulations
which are prescribed from time to time by LESSOR with respect to the Common Areas, provided, such
rules and regulations do not materially and adversely affect LESSEE's business operation.
2) USE; RESTRICTIONS. LESSEE shall continuously operate the leased Premises during the
Term as a County office offering a wide variety of services including but not limited to career
counseling, job training, interne access for jobs and interviewing facilities with employers in the
private sector. LESSEE agrees that LESSEE's use of the Premises shall be subject to all matters of
record now or in the future affecting the leased Premises, including, without limitation, that certain
Declaration of Restrictions and Grant of Easements, dated March 12, 1980, and recorded on March 14,
1980 at Docket 14287, Page 355, in the official records of Maricopa County, Arizona.
3) TERM; COMMENCEMENT DATE. The "Initial Term" of the Lease shall be for seven (7)
years. The Initial Term and the Renewal Term (as defined in Section 17) or any extension thereof, as
applicable, may be collectively referred to herein as the "Term". Except for LESSEE's obligation to
pay rent, all of the terms and provisions of this Lease shall be effective as of the date of this Lease.
LESSEE's obligation to pay rent shall commence on May 1, 2003 (the "Commencement Date"), unless
such Commencement Date is amended in a writing signed by LESSEE and LESSOR. Within ten (10)
business days after the Commencement Date, LESSEE and LESSOR shall execute a Commencement
Date Confirmation, in substantially the same form as Exhibit E, attached hereto.
4) MINIMUM RENT. LESSEE agrees to pay the following monthly sum to LESSOR (the
"Minimum Rent"):
Months Monthly Annual Rate p.s.f.
1 /de/Olt
Initial
SAJTUCT - Gilbert Towne Center\M icopa County Lease\Sht Co mentsFINAL(3.26.03) - County LEASE.doc
LEASE AGREEMENT NO. L-/329.
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1-12 $11,025.00 $ 9.00
13-24 $11,331.25 $ 9.25
25-36 $11,637.50 $ 9.50
37-48 $11,943.75 $ 9.75
49-60 $12,250.00 $10.00
61-72 $12,556.25 $10.25
73-84 $12,862.50 $10.50
The Minimum Rent, Additional Rent (defined below), and all other charges due from LESSEE to
LESSOR under this Lease shall be payable by LESSEE in lawful money of the United States at the
address of LESSOR first listed above, or at such other place as LESSOR may from time to time direct
in writing, without any prior demand therefor and without any set-off or deduction whatsoever.
LESSEE shall prepay Minimum Rent (the "Prepaid Rent") in the first year of the Initial Term as
follows: on the Commencement Date, Minimum Rent for May and June shall be due; on July 1, 2003,
Minimum Rent for July, August and September shall be due; on October 1, 2003, Minimum Rent for
October, November and December shall be due; on January 1, 2004, Minimum Rent for January,
February and March 2004 shall be due. All installments of Minimum Rent, other than Prepaid Rent,
and equal monthly installments of Additional Rent shall be due on or before the first day of each
calendar month in advance. If the Commencement Date shall occur on a day other than the first day
of a calendar month, then LESSEE shall pay, upon the Commencement Date, that portion of the Rent
prorated on a per diem basis (calculated based on the number of days in the month) with respect to the
fractional calendar month preceding the first full calendar month.
5) ADDITIONAL RENT. LESSEE shall pay as "Additional Rent" all charges required to be paid
by LESSEE under this Lease, including LESSEE's proportionate share of Taxes, Common Area
Charges and Insurance (all defined below) on the Premises, regardless of whether such charges are
designated "Additional Rent". The term "Rent" herein shall mean the Minimum Rent and the
Additional Rent. LESSEE's "proportionate share" shall mean a fraction, the numerator of which is the
square feet in the Premises and the denominator of which is the square feet in the Center. LESSEE
shall pay to LESSOR, in advance, LESSEE's estimated proportionate share of Taxes and Common
Area Charges as reasonably determined by LESSOR. Such Taxes and Common Area Charges may be
adjusted and revised by LESSOR after the end of each lease year or partial lease year as the case may
be, during the Term hereof on a reasonable basis. Upon LESSOR's furnishing to LESSEE a statement
setting forth such revised Taxes and Common Area Charges, LESSEE shall pay to LESSOR such
revised estimated share in equal monthly installments, each such installment to be a sum equal to one-
twelfth (1/12th) of such revised estimated Taxes and Common Area Charges in advance on the first
day of each calendar month thereafter until the next succeeding revision in such estimate. If LESSEE
shall fail to pay any installment of Rent or other sum payable under this Lease when due, then in
addition to LESSOR's other remedies, LESSEE shall, upon demand, pay LESSOR interest on the past
due amount from the due date thereof to the date of payment at the rate of ten percent (10%) per
annum.
6) TAXES. Throughout the Term, LESSEE shall pay to LESSOR its proportionate share of all
real estate taxes, assessments and other governmental charges and levies, general and special, ordinary
and extraordinary, foreseen and unforeseen, of any kind or nature whatsoever (including, without
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LEASE AGREEMENT NO. L-i329.
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limitation, assessments for public improvements or benefits and special or installment tax bills and
interest on unpaid installments thereof) which may be levied, assessed or imposed or become liens
upon the Center (collectively the "Taxes"). If the Rent Commencement Date or the expiration date of
this Lease shall fall on a date other than the beginning (or ending, as the case may be) of a tax year, a
proper apportionment of said Taxes for the year shall be made. In addition, LESSEE shall pay before
due all taxes assessed against its trade fixtures, equipment, machinery, appliances, and other personal
property, and any other license fees, occupational taxes, sales taxes, and taxes based upon Rent paid to
LESSOR hereunder, and other governmental charges arising in connection with this Lease or
LESSEE's use or occupancy of the Premises or operation of its business.
7) COMMON AREA CHARGES. Throughout the Term, LESSEE shall to pay to LESSOR its
proportionate share of all LESSOR's costs of operating, maintaining, repairing, improving, inspecting,
lighting, protecting and securing the Common Areas and maintaining insurance on the Center (whether
Common Areas or otherwise), including those incurred for general maintenance and repairs; restriping,
cleaning and sweeping of the parking areas and driveways; removal of snow and ice from the Common
Areas; maintenance and repair of sidewalks, curbs and gutters; maintenance of planting and
landscaping; directional signs and other markers; personnel to implement such services; adequate
public liability, property damage, and fire and extended insurance coverage on the Common Areas and
the Center, and all charges for water, sewer and other utilities used or consumed in the Common Areas.
8) INSURANCE. LESSOR shall at its own expense insure the Common Areas for all perils and
risk coverage including, but not limited to fire, wind, burglaries and other casualties. LESSEE shall
pay to LESSOR its monthly estimated proportionate share of premiums for such insurance to the extent
not otherwise included in Common Area Charges. LESSEE shall insure the Premises for all perils,
including, without limitation: (i) commercial general liability insurance for personal injury, bodily
injury (including wrongful death) and damage to property with a combined single limit of not less than
One Million and No/100 Dollars ($1,000,000.00), per occurrence, Three Million and No/100 Dollars
($3,000,000.00) annual aggregate insuring against any liability of the insured with respect to the
Premises, or arising out of the maintenance, use or occupancy thereof, including operations, products
and completed operations and owned, hired and non-owned automobiles, (ii) all plate glass on the
Premises, (iii) boiler and machinery insurance on all boilers, pressure vessels, and gas-fired equipment
serving the Premises in an amount not less than One Hundred Thousand and No/100 Dollars
($100,000.00), (iv) "causes of loss-special form" property insurance, including coverage for sprinkler
leakage, if applicable, vandalism and malicious mischief covering all of LESSEE's Work, LESSEE's
leasehold improvements, alterations, additions or improvements, on or upon the Premises, in an
amount not less than one hundred percent (100%) of their full replacement cost without depreciation,
(v) a policy or policies of workers' compensation insurance with an insurance carrier and in amounts
required by applicable Governmental Restrictions and a policy of employer's liability insurance with
limits of liability not less than One Million and No/100 Dollars ($1,000,000.00), each accident; One
Million and No/100 Dollars ($1,000,000.00), disease policy limit; and One Million and No/100 Dollars
($1,000,000.00) disease each employee. LESSOR agrees that LESSEE may self-insure for the
insurance required herein.
9) WAIVER OF SUBROGATION. Anything in this Lease to the contrary notwithstanding, it is
agreed that each party (the "Releasing Party") hereby releases the other (the "Released Party") from any
LEASE AGREEMENT NO. L-i329.
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liability which the Released Party would, but for this Section, have had to the Releasing Party during
the Term of this Lease, resulting from any accident or occurrence or casualty (i) which would be
covered by a policy of property insurance (on a special causes of loss form) or self insurance, as
applicable, (whether or not such coverage is being carried by the Releasing Party) if required by this
Section 9, or (ii) covered by any other insurance being carried by the Releasing Party at the time of
such accident, occurrence or casualty, which accident, occurrence or casualty may have resulted in
whole or in part from any act or neglect of the Released Party, its officers, agents or employees.
10) INDEMNITY. Subject to Section 9, LESSOR shall indemnify, defend and save LESSEE
harmless from and against all liabilities, claims, damages, penalties, causes of action, costs and
litigation expenses (including reasonable attorneys' fees) in connection with loss of life, bodily injury
and/or damage to property arising from or out of any occurrence (i) on or about the Common Areas,
except to the extent caused by the negligence or intentional misconduct of LESSEE, its agents,
contractors, employees, subtenants, concessionaires or licensees; and/or (ii) in or upon the Premises, to
the extent caused by the negligence or intentional misconduct of LESSOR, its agents, contractors, or
employees. Subject to Section 9, LESSEE shall indemnify, defend and save LESSOR harmless from
and against all liabilities, claims, damages, penalties, causes of action, costs and litigation expenses
(including reasonable attorneys' fees) in connection with loss of life, bodily injury and/or damage to
property arising from or out of any occurrence (i) on or about the Premises, except to the extent caused
by the negligence or intentional misconduct of LESSOR, its authorized agents, contractors, or
employees; and/or (ii) in or upon the Common Areas, to the extent caused by the negligence or
intentional misconduct of LESSEE, its agents, contractors, employees, subtenants, concessionaires or
licensees.
11) UTILITIES. LESSEE shall be responsible for the payment of utility services provided to the
Premises, including but not limited to electricity, gas, water, etc. LESSEE shall be responsible for the
installation and all charges for telephone service.
12) MAINTENANCE BY LESSOR. 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 (except to the extent that the need for such repair is necessitated by LESSEE's
negligence or misuse of such utility or system). The term "structure" as used herein, includes exterior
walls, roofs, foundations, stairways and sidewalks and all heating and air-conditioning systems and
equipment. LESSOR shall keep the Common Areas reasonably free from trash and other rubbish. It is
understood that the structure and leased Premises are currently in a state of good repair. LESSOR shall
not be deemed to have breached its obligation to make the repairs required of LESSOR as set forth in
this Section, or be liable for any damages resulting therefrom, unless LESSOR fails to make the same
within a reasonable period of time (taking into consideration the type of repair involved) after receiving
notice from LESSEE of the need therefor.
13) MAINTENANCE BY LESSEE. LESSEE shall, at LESSEE 's cost and expense, maintain the
Premises, including the store front, interior walls and floor coverings, LESSEE 's signs (wherever
located), all electrical equipment which exclusively serve the Premises, and all utility lines within the
Premises which are not LESSOR's responsibility under Section 12, in good condition and repair,
including replacements when necessary. Additionally, LESSEE shall, at its expense, replace all broken
LEASE AGREEMENT NO. L-,329.
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or damaged glass (other than that damaged by reason of a structural defect in the Premises, which shall
be repaired by LESSOR) and keep the Premises in a clean, neat, well-maintained and orderly condition
and free of debris, trash, garbage, refuse, vermin, insects, loud or constant noises, and excessive
vibrations. LESSEE further agrees not to burn trash or garbage in the Shopping Center; commit waste
in the Premises or Shopping Center; cause or permit pipes, lines, conduits, fixtures or appliances in the
Premises to be ruined or damaged by freezing, excessive heat or lack of care, maintenance or repair.
14) LESSOR'S COMPLIANCE WITH LAWS. LESSOR shall cause at its own expense the
Premises to conform to all applicable standards contained in the "Uniform Building Code for Life
Safety", 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 restrooms, drinking fountains, pedestrian ramps, etc.
LESSOR shall also cause the Premises to conform to all Americans with Disabilities Act requirements
for Public Accommodations that are "readily achievable unless an undue burden would result".
15) IMPROVEMENTS. LESSOR agrees to make improvements in the Premises as set forth in
Exhibit B attached hereto and by this reference made a part hereof (Exhibit B is preliminary and
subject to change in the Landlord's discretion) at the sole expense of LESSOR (the "LESSOR's
Work"). 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.
16) SURRENDER. Upon the expiration or earlier termination of the Term, LESSEE shall
peaceably surrender the Premises broom-clean, in good order, condition and repair, normal wear and
tear excepted, and may abandon all of LESSEE's improvements located there.
17) OPTION, HOLDOVER. LESSOR hereby grants to LESSEE the option of renewing this Lease
for one (1) additional five (5) year term (the "Renewal Term") To exercise this option, LESSEE shall
give LESSOR written notice of its intent to exercise its option to renew at least 180 days, but not more
than 240 days, prior to the expiration of the Initial Term of this Lease. Any holding over or failure to
vacate the Premises at the end of the Term shall not be deemed or construed to be an exercise of the
option or an extension of the Term of this Lease. Except for Minimum Rent set forth below, all terms
and conditions of this Lease shall apply to the Renewal Term. In the event of expiration of this Lease
without excercising the option, if LESSEE does not vacate and surrender the Premises, as set forth in
Section 16, LESSEE shall be a "hold over tenant" on a "month to month" basis at a Minimum Rent
equal to 125% the Minimum Rent in effect at the time of expiration, payable monthly. The foregoing
shall not be construed to authorize any such holding over or to limit LESSOR's remedies for damages
in the event thereof.
18) OPTION RENT. Minimum Rent during the Renewal Term shall be as follows:
Option Months Option Monthly Option Annual Rate p.s.f.
1-12 $13,475.00 $ 11.00
13-24 $13,781.25 $ 11.25
25-36 $14,087.50 $ 11.50
LEASE AGREEMENT NO. L-./329.
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37-48 $14,393.75 $ 11.75
49-60 $14,700.00 $ 12.00
19) MUTUAL TERMINATION. Either LESSOR or LESSEE may terminate this agreement during
the Term hereof by giving the other party one hundred eighty days (180) written notice as provided in
Section 25 of its intent to terminate. This Lease shall terminate thereafter on the last day of the month
following one hundred eighty days (180) after the written notice and LESSEE shall reimburse LESSOR
on that date for all unamortized costs incurred by LESSOR for LESSEE' s tenant improvements and
brokerage commissions arising from this Lease. Within thirty (30) days after the Commencement
Date, LESSOR shall deliver to LESSEE a statement of the total sum of LESSOR's tenant
improvements, brokerage commissions, and any other costs ("Costs") arising from this Lease that are
subject to reimbursement by LESSEE upon termination (the "Certificate").
20) CASUALTY. In the event of damage or destruction of the leased Premises from any cause,
which materially and adversely affects the leased Premises, LESSEE or LESSOR may terminate this
Lease by providing sixty (60) days written notice to the other of its intent to do so. If this Lease is not
terminated as provided above, then this Lease shall continue in full force and effect, and LESSOR shall
restore the Premises to their condition prior to the damage or destruction, including the improvements
to the Premises made by LESSEE (but excluding LESSEE's property). Monthly rent shall be prorated
for the period during which LESSEE was unable to occupy the Premises, and credited to the amount
due by LESSEE in the event LESSEE re-enters the Premises. Prepaid rent shall be refunded to
LESSEE in the event LESSEE terminates this Lease pursuant to the provisions of this paragraph.
21) ASSIGNMENT. LESSEE shall not assign this Lease, or sublet all or any portion of the
Premises without the prior written consent of LESSOR.
22) ENTRY. LESSOR shall have the right to enter and inspect the leased Premises at reasonable
times after reasonable notice to LESSEE. LESSOR shall have the right to enter the leased Premises at
any time in an emergency and to perform such work and take such action as is necessary to halt and/or
remedy such emergency.
23) INTERPRETATION. The term "LESSOR" as used herein includes the singular as well as the
plural, the masculine and feminine as well as the neuter.
24) SALE OF PREMISES. If the 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.
25) NOTICES. All notices herein required to be given and all rent payments herein required
shall be sent to LESSOR and LESSEE at:
Notices to LESSEE shall be sent to:
Real Estate Services Manager
Maricopa County Department of Finance
301 W. Jefferson
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LEASE AGREEMENT NO. L-i329.
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Phoenix, Arizona 85003
Copies of all notices herein required to be given to LESSEE and all rent requests required
herein shall be sent to LESSEE at:
Maricopa County Human Services / JTPA
735 North Gilbert Road, Suite 134
Gilbert, AZ
Notices to LESSOR shall be sent to:
Gilbert Towne Center Associates, L.P.
C/O Old Vine Management Group, Inc.
1459 South Pearl Street
Denver, CO 80210
Attn: Mark Cytrynbaum
All notices, consents, approvals or authorizations herein required to be given shall be in writing and
shall be sent by registered or certified mail (return receipt requested), postage prepaid, or by Federal
Express (or other nationally recognized overnight courier service. Either party may, at any time,
change its notice address by giving the other party notice, in accordance with the above, stating the
change and setting forth the new address.
26) LESSEE TERMINATION. LESSEE may terminate this Agreement at the end of any fiscal
year during the Term of this Lease provided that funds are not available from the governing legislature
or funding body for the continuation of this Agreement (a "Legislative Termination") and further
provided that within thirty (30) days from such termination, LESSEE must reimburse LESSOR for all
of LESSOR's unamortized Costs, based upon straight line depreciation over a seven (7) year period
and the Costs shown on the Certificate. LESSEE'S fiscal year ends on June 30 of each year. In the
event of a Legislative Termination, any Prepaid Rent paid to LESSOR beyond the termination date of
the Lease shall be returned to LESSEE within thirty (30) days. In addition, this contract is subject to
A.R.S. 38-511 and may be canceled pursuant thereto (a "Statutory Termination") provided that
LESSEE shall within thirty (30) days from such termination reimburse LESSOR for all of LESSOR's
unamortized Costs, based upon straight line depreciation over a seven (7) year period and the Costs
shown on the Certificate.
27) DEFAULT. There shall be an "Event of Default" if: (i) LESSEE shall fail to pay the Rent
when and as the same shall become due and payable and such default shall continue for a period of 5
days after LESSEE's receipt of written notice of such default; or (ii) a party shall default in the
performance of any of the other obligations contained in this Lease to be performed by such party, and
such default shall continue for a period of 30 days after receipt of written notice of such default, or
where such default cannot be cured within such 30 day period, if within such period, such party shall
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not have commenced with due diligence and dispatch the curing of such default and thereafter shall fail
or neglect to prosecute or complete with due diligence and dispatch the curing of such default.
28) REMEDIES. If an Event of Default by LESSEE occurs, LESSOR shall have the immediate
rights, in addition to its other rights and remedies, at LESSOR's election to: (a) without terminating
this Lease, to relet the Premises or any part thereof for such term or terms (which may be for a term
extending beyond the Term of this Lease) and upon such other terms and conditions as LESSOR in its
reasonable discretion may deem advisable. Upon each reletting, all rentals received by LESSOR from
such reletting shall be applied first, to the indebtedness other than Rent due under this Lease from
LESSEE to LESSOR; second, to the payment of any reasonable costs and expenses of such reletting,
including brokerage fees and attorneys' fees and costs of repairs; and third, to the payment of Rent
which is due and unpaid hereunder; or (b) to terminate this Lease and to enter the Premises and take
possession thereof. In no event shall LESSEE be entitled to receive any surplus of any sums received
by LESSOR on a reletting in excess of any amounts payable hereunder. If the rent received from such
reletting is less than the Rent to be paid by LESSEE hereunder, LESSEE shall pay the deficiency to
LESSOR, such deficiency to be calculated and payable monthly. If LESSOR takes possession of the
Premises in accordance herewith, LESSOR shall be entitled to recover damages from LESSEE on
account of LESSEE's Event of Default as provided by law. If an Event of Default by LESSOR occurs,
LESSEE shall have all rights and remedies available at law to LESSEE.
29) REMEDIES CUMULATIVE. No remedy in this Lease conferred upon LESSEE and LESSOR
shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in
addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by
statute, including, but not limited to, the right to maintain an action to recover all amounts due
hereunder. LESSEE and LESSOR may exercise their rights and remedies at any time, in any order, to
any extent, and as often as LESSEE and LESSOR deem advisable.
30) EXCULPATION. Notwithstanding anything to the contrary contained in this Lease, in the
event of any default or breach by LESSOR with respect to any of the terms, covenants and conditions
of this Lease to be observed, honored or performed by LESSOR, LESSEE shall look solely to the
estate and property of LESSOR in the land and building (s) owned by LESSOR comprising the Center
for the collection of any judgment (or any other judicial procedures requiring the payment of money by
LESSOR) and no other property or assets of LESSOR shall be subject to levy, execution, or other
procedures for satisfaction of LESSEE's remedies.
31) SUBORDINATION; PRIORTY; ATTORNMENT. Upon written request of LESSOR, or any
first mortgage holder or first deed of trust beneficiary of LESSOR now or hereafter covering any part
of the Premises, or ground lessor of LESSOR, LESSEE shall, in writing, subordinate its rights under
this Lease to the lien thereof, and to all advances made or hereafter to be made thereunder. However,
as a condition to signing any subordination agreement, LESSEE shall have the right to obtain from any
holder, beneficiary or lessor requesting such subordination, an agreement in writing providing that, as
long as LESSEE is not in default hereunder, this Lease shall remain in effect. The holder of any
security interest may, upon written notice to LESSEE, elect to have this 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 or termination of any ground lease affecting the
it.
LEASE AGREEMENT NO. L-i329.
Page 9 of 15
Premises, LESSEE shall attom to the purchaser or the transferee as the case may be, and recognize that
party as LESSOR under this Lease, provided such party acquires and accepts the Premises subject to
this Lease.
32) ESTOPPEL CERTIFICATES: Within thirty (30) days after written request from LESSOR,
LESSEE shall execute and deliver to LESSOR or LESSOR'S designee, a written statement certifying:
(a) that this 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 and the date to which any Minimum Rent, Additional
Rent or other charge has 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 such claimed default. Any such estoppel statement may be relied upon by
LESSOR, and a purchaser, assignee or lender of LESSOR.
33) RULES AND REGULATIONS. LESSEE agrees to comply with and observe the Rules and
Regulations of the Center. LESSOR reserves the right, at any time, once or more often, by notice to
LESSEE, to amend or supplement the Rules and Regulations in a reasonable manner, provided the
amended Rules and Regulations do not diminish LESSEE's rights nor increase its obligations under
this Lease and are applied in a non-discriminatory fashion.
34) SIGNAGE. See Gilbert Towne Center Sign Criteria, attached hereto as Exhibit C and
incorporated herein.
35) BROKER'S COMMISSION. LESSEE and LESSOR covenant and represent to each other
that, except for U S Preferred Realty, who shall be paid by LESSOR pursuant to the terms of a separate
agreement, no parties are entitled to be paid a fee or commission in connection with the transaction
contemplated by this Lease. If any other individual or entity shall assert a claim to a finder's fee or
commission as a broker or a finder, then the party who is alleged to have retained such individual or
entity shall defend, indemnify and hold harmless the other party from and against any such claim and
all costs, expenses, liabilities and damages (including reasonable attorneys' fees) incurred in
connection with such claim or any action or proceeding brought thereon.
36) MISCELLANEOUS. No payment by LESSEE or receipt by LESSOR of a lesser amount
than the monthly Rent herein reserved shall be deemed to be other than on account of the earliest
stipulated Rent, nor shall any endorsement or statement on any check or on any letter accompanying
any check be deemed an accord and satisfaction. The captions, section numbers, article numbers and
index appearing in this Lease in no way define, limit, construe or describe the scope or intent of such
sections or articles of this Lease. The language in all parts of this Lease shall in all cases be construed
as a whole according to its fair meaning, and not strictly for nor against either LESSOR or LESSEE,
and should a court be called upon to interpret any provision hereof, no weight shall be given to, nor
shall any construction or interpretation be influenced by, any presumption of preparation of a lease by
LESSOR or by LESSEE. If any term, covenant or condition of this Lease shall to any extent be invalid
or unenforceable, the remainder of this Lease shall not be affected thereby and each term, covenant or
condition of this Lease shall be valid and enforced to the fullest extent permitted by law. The laws of
the State of Arizona shall govern the validity, performance and enforcement of this Lease. In the event
of any action, suit or proceeding between LESSOR and LESSEE arising from this Lease, the prevailing
9
Initial/1A
LEASE AGREEMENT NO. L-i329.
Page 10 of 15
party shall be entitled to recover from the non-prevailing party all costs and attorneys' fees incurred by
such prevailing party in enforcing its rights and remedies under this Lease. Neither party shall record
this Lease.
37) ENTIRE AGREEMENT; WAIVER; BINDING; TIME IS OF THE ESSENCE. This Lease,
together with any supplemental provisions attached hereto, constitutes the entire agreement between
the parties. No delay or omission of LESSOR or LESSEE to exercise any right or power arising from
any default shall impair any such right or power, or shall be construed to be a waiver of any such
default or an acquiescence therein. 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. No term, covenant, or condition of this Lease shall be deemed to have been waived
unless such waiver be in writing signed by the party charged therewith. This Lease shall be binding
upon the parties hereto and their respective heirs, successors and assignees. Time is of the essence of
this Agreement.
LESSOR: LESSEE:
GILBERT TOWNE CENTER MARICOPA COUNTY BOARD OF
ASSOCIATES, L.P. SUPERVISORS
KZS'7uY 1103
Sigdatcre Date C airman of the Board Date
/1146trea.4( 1o`4/4,
Title ATTEST:
erk of the Board Date
*************************************** ********* **************** ******* *
APPROVED AS TO FORM:
Fputy Cotifity--Attrrrney
(12'06/2003 16:35 FAX 602+6404-A!' r, ,,c1 SANTIN r- so ri POLI & BALL Ij 019
J 838-5149 . 2
E:R3inirr "A"
GILBERT TOWNE CENTRE
SITE PLAN
11441 40
41110•%2'-.
•
1 1 NLI-
YIJA
ACM GUAM/124n% ROAD
N..
Mar 07 03 02:33p Michael Anderson (480) 838-5149 P • 2
EXHIBIT "B"
LANDLORD'S WORK
Pursuant to the terms of the Lease and Exhibit "D", the preliminary floor plan, Landlord
agrees to spend up to $103,000.00 for plans, permits and various improvements to the
leased premises.
Landlord's work to include the following:
a) Architectural fees and drawings.
b) Permits for construction required by the Town of Gilbert.
c) Having the existing utility services in good operating condition.
d) Removal of existing floor coverings.
e) Demolition of approximately 150 linear feet of interior walls and glass partitions.
f) Replace existing flush mounted light fixtures in all private offices and classroom
areas as needed with 2 X 4 lay-in light fixtures.
g) Repair existing ceiling grid as needed.
h) Replace existing ceiling tile as needed.
i) Relocate, remove or add fire sprinkler heads as needed.
j) Repair or replace existing restroom fixtures as needed.
k) Modify or replace existing set of double front doors to accommodate handicap
entry and exit.
1) Add or relocate approximately 11 hollow wooden doors (2'6" X 6'8").
in) Install approximately 120 linear feet of new interior partitions.
n) Patch and repair the remaining existing walls and doors as needed.
o) Paint the entire inside of the leased premises a "Swiss Coffee".
p) Install new floor covering (VCT or 26oz commercial glue-down carpet)
throughout.
q) Install approximately 40 leveler type door handles of which 8 will be lockable.
r) Repair or replace the existing 10 gallon hot water heater.
s) Install approximately 50 new duplex outlets of which 10 shall be dedicated and
install approximately 31) four-plex nutletc nf which 5 shall be dedicated.
t) Install three (3) four (4) foot counters each with a single sink and cabinets
underneath.
u) All remaining doors and windows, interior and exterior, to be in good operating
condition.
v) All existing heating and air conditioning units and equipment to be in good
operating condition.
w) Provided a handicapped accessible door opener on one of the front doors.
x) Provide Tenant signage per Exhibit "C" of this Lease.
02/06./2,003 16:35 FAX 602+840+44 1-17. lei SANTIN POLI & BALL Z021
1,r...1c:tar-son eaet -5149
P - 4
EXHIBIT "C"
GILBERT TOWNE CENTER SIGN CRITERIA
for These the criteria mutual have benefit been established for the purpose of assuring an outstanding shopping
nonconforming or of all Tenants. Conformance will he strictly enforced. center, and
expense of the Tettant. unapproved signs must be brought into conformance within ten (10) Any days installed
at the
A. GENERAL REQUIREMENTS
1. Each Tenant will submit or cause to be submitted to the Landlord for
least two (2) copies of detailed sign drawings indicating the approve/ before fabrication at
of the proposed signs including all lettering and/or graphics. location, size, layout, design and color
sign construction, installation and electrical specification in addition two (2) copies of detailed
drawings.
2. The Tenant or his representative will obtain all permits for signs and their
3. Sign manufacture and installer will be an Arizona licensed installation.
summit a certificate of liability insurance of not less Sign Contractor {L-38 Licenses) and
Associates Limited Partnership named as additional than $300,00000 with Gilbert Towne Center
fulfillment of all requirements and specifications. insured. Tenant will be responsible for the
4. All signs will be constructed and installed, including
Tenant will have his sign installed no later than forty-five electrical (45) connection, at Tenant's expense_
5. All signs and their installation days after Tenant opens for business.
signs will comply with the Town will of Crilbcrt's comply with all local building, zoning and electrical codes. All
made thereafter. Nothing in these criteria sign will ordinance adopted April 17 th, 2001 and/or revisions
ordinance. imply a waiver of the Town of Gilbert's sign
6. Approved or disapproval of sign designs based on esthetics of design will
Landlord. remain the sole right of the
7. Tenant will be responsible that the construction and installation of the
these sign criteria. sign are in conformance with
3. All signs will be inspected for conformance with these criteria
conformance with these criteria will be brought into conformance and any signs that are found out of
Tenant's expense. within five (5) days or removed at
9. Tenant's Sign Contractor will repair any damage caused by said Contractor's
agents or employees and Tenant will be liable for the performance work., or by Tenant's
any needed repairs are not made in a timely and satisfactory of Tenant's Sign Contractor. If
repairs made and the Tenant will be responsible for the total cost manner, of the Landlord will have the
10. Tenant must keep their sign in a like new appearance the repairs.
in need of repairs. Tenant will have the sign repaired and operational at all times. whenever sign is
11. At the earlier of either the within ten (10) working days.
Tenant will remove all signs end from of Tenant's the lease term or when Tenant vacates the leased premises,
Tenant will promptly have any damage leased resulting premises and the fascia above the leased premises.
to match repairs with the existing building color(s). from such removals repaired, including repainting
Perform repairs and painting of the fascia. Only a contractor approved by the Landlord will
12. Anchor in areas tenants and freestanding pad users will be exempt from sections of these
of criteria under section 13 - General Specifications. sign criteria as stated
13. Variations to this sign package will be allowed only by written permission
required the Town of Gilbert Design Review. of the Landlord and when
14. A temporary banner for the purpose of identification only may
five (45) days and roust be removed when the permanent be installed for a maximum of forty-
height 24", maximum length 80% of Tenant's suite's sign is installed. A banner's maximura
Ordinance). Banners will be centered on the sign band frontage directly (Subject to Town of GiIbert's Sign
IS. Tenant will submit or cause to be in front of Tenant's Suite.
banner at least two (2) copies of detailed submitted to the Landlord for approval before installation of the
and color of the proposed banner including drawings all of the banner indicating the size, layout, design
lettering arid/or graphics.
Page 1 of 5
.Q2/06./2&03 16:36 FAX r. 602+840+V"'" a ael SAINTIN POLI & BALL Z022
Ander-son (41 ) 8319-5149
P. 5
16. the Approval Landlord. or disapproval of banner designs based on esthetics of design
will remain the sole right of
17. The banner will be attached directly to the fascia with #3
is retrieved screw holes must be patched to match the fascia. wood screws {No Nooks}, when the banner
satisfactory (texture / color) the Landlord will have repairs If the patching of the screw holes is not
18. lithe banner becomes made at Tenant's expense.
does not have the banner faded repaired or damaged it will be repaired or removed immediately. Lithe
Landlord will have the banner removed or removed at when damaged or at the end of the (45) day limit Tenant the
Tenant's expense.
B. GENERAL SPECIFICATIONS
1. ONE LINE OF CoPY: Maximum letter height 24".
approve any smaller letters_ Signs with two (2) lines minimum of copy letter height 12". the Landlord must
of 30"" for both lines combined including the space will be allowed with a maximum height
is 80% of Tenant's suite's frontage (Subject to Town between the lines of copy. Allowable sign area
centered on the sign band directly in front of Tenant's of Gilbert's Sign Ordinance). Signs will be
2. Two llanees or COPY: Signs Suite. SEE SAMPLE {A)
30" for both lines combined including with two (2) lines of copy will be allowed_ with a maximum
not exceed 66% of top line of copy, with Space a between lines of copy. Bottom Line of copy's height height will of
sign area is 80% of Tenant's suite's frontage minimum height of lower line of copy 10". Allowable
will bc centered on the sign band directly in front {Subject of to Town of (ilbert's Sign Ordinance). Signs
2. ONE LINE OF COPY WITH AN Tenant's Suite, SZE SAMPLE (Et)
a Pan Channel Cabinet with Copy ADDITIONAL will be allowed. LOWER P.C. CABINET: Signs with one (1) line of copy and
Channel Cabinet combined including the space between A maximum height of 30" for both copy and Pan
not exceed 40% of top line of copy and total area will copy and cabinet. P.C. Cabinet's height will
80% of Tenant's suite's frontage (Subject to Town of not exceed 6 sq. ft_ Allowable sign area is
centered on the sign band directly in front of Tenant's Suite. Gilbert's Sign Ordinance). Signs will be
4. P.C. LoGo C.a.aneET WITH COPY: SEE SAivrPLE. (C)
allowed, with a maximum height of Signs 24" with for a P.C. Logo Cabinet and one (1) line of Copy will be
sign, the cabinet will be shaped to match the both.. outline The Logo will not exceed 33% of total area of the
cabinets). Allowable sign area is 800/.. of Tenant's of the logo (no plain square or rectangular
Sign Ordinance). Signs will be centered on the sign suite's band frontage (Subject to Town of Gilbert's
SAMPLE {D} directly in front of Tenant's Suite. SEE
Exception for Anchor Tenants:
Maximum sign is to be sign installed height on. will not to exceed 60% of fascia height or 80% of fascia length
within Anchor Tenant's Secondary signs will be allowed to identify additional services of the fascia that
Developing" etc. When suite i.e., "Name of a Bank" "Check Cashing Service" and/or business
Sign, the secondary sign(s) secondary will signs are placed on the same fascia as the Tenant's "Pharmacy" "Photo
The combined area of all the signs not be larger than 50% of the total size of the main Identification Identification
fascia that the signs are installed on.. will When not a exceed 60% of fascia height or 80% of fascia length of sign. the
suite the secondary sign(s) may be placed on this secondary fascia fascia is available as part of the Anchor Tenant's
of fascia length. and will not exceed 50% of fascia height or 70%
Cxception for Freestanding Pad Users:
MAXIMUM SIGN AREA As per the Town of Gilbert's Sign
5- Electrical service to all signs will be on Tenant's Ordinance.
controlled by a photocell and will be on from dusk to meter dawn. at Tenant's expense. All signs will be
soffit directly below the sign.. The photocell will not be The photocell will he located under the
Exception removed when the sign is removed.
for Anchor Tenants:
signs Main will Identification be controlled Sign to will come be controlled by a photo cell and be on from dusk to dawn,
on at dusk and may be turned off' at closing. secondary
Exception for Freestanding Pad Users:
on Signs other on building a street frontage will be controlled by a photo cell and he on
frontages will bc controlled to come on at dusk and may from be dusk to dawn. secondary signs
turned off at closing.
Page 2 of 5
112/06 /2,0...0,3 16:36 F 2+8.101-44:; aei SANTIN POLI & BALL 023
Findenson • ) 83 8-51. 4 9
P
6. No sign perpendicular to the face of the building or storefront will
be permitted.
7. All signs are to be installed under direction of the Landlord
representative. and/or Landlord's superintendent or
C- SIGN MATERIAL & CONSTRUCTION
:1. All signs to consist of individual letters SPECIFICATIONS:
All returns will be .040 pre finished aluminum. (internally lit) constructed of .040 pre finished aluminum.
Dark Bronze Metallic. Interior of letters will be Baked Exterior of letters will be a Baked Enamel Finish
returns will be scaled to the letter backs with a white Enamel Finish White. Letter depth 5 -, the
and prevent light leakage out of the back of the letters. silicone Letters sealant to make the letter water tight
with the "Isi.E.C." and -13.L.." will have drain hole-s in accordance
2. LETTER FaCes: Will be .118 Exterior Solar Grade Acrylic.
Co/ors: Red #2283; Blue #2051; Yellow #2016.
3. PAN CHANNEL CABrNET FACE COLOR.: White background
Channel Letters. with black copy or copy may match Pan
4. Logo Faces: To be approved by Landlord.
5. Tlitll‘,4 Head C,.>: JEWEIATE0 1 - Dark Bronze. Fares will be attached to the letters
so to prevent Screws painted to match trim cap_ A sufficient number of screws will with *8 Modified Truss
letter faces from warping_ be used on each letter
Exception for Registered Trade Marks:
mark For companies colors. with registered trade marks the face color and trirncap colors may
match the trade
6. LE71-ER STYLE: Taelvtiam Swisse or equivalent: Standard; Bold;
other letter style will be subject to Landlord's approval. Extended or Bold Extended, any
7. No clips, mounting devices or labels will be visible, except as
Labels. required by city cede and/or ILL_
S_ All letters and pan channel cabinets will be installed as per attached
Construction Detail. Only one (1) electrical supply { hole through Pan Channel Letter
maximum diameter of 518". Letters will be mounted with a 1/4" the fascia } per letter with a
and fascia. All penetrations of the building structure including spacer between back of letter
supply holes will be sealed with a 25 year rated silicone all mounting holes and electrical
NOTE! At no time will holes for the electrical be drilled sealant.
supports, i.e., 2x4's / 2x6's. through tbe fascias structural
9. If at anytime during Tenant's occupancy of the leased premises,
building structure via penetrations from Tenant's sign, water is found to be leaking into the
make the necessary repairs to stop water leakage. Said then Tenant will cause its sign contractor to
work to be at Tenant's sole expense.
D. SIGN ILLUMINATION & ELECTRICAL
SPECIFICATIONS:
1. illumination will consist of double stroke I 3rrun clear red
and 12/13trun *6500 white argon tubing for letters with blue or neon tubing for letters with red faces
will have 12/13rran *6500 white argon tubing with yellow feces. Pan Channel Cabinets
through the face is even and equivalent to the letters. a sufficient number of rows so that light out put
2. Neon power sources will be low voltage neon drivers contained
input voltage rating of 16 volts. Each neon driver will be within each letter with a maximum
NOTE! Regr.sler high voltage transformers independently fused.
are prohibited.
3. Power supplies for neon drivers arc to be located behind the
the "N.E.C." and "IJ.L." regulations. Wiring from wall and installed in accordance with
solid copper wire and installed in accordance with local power supplies to the letters will be *12 THH/%1
NOTE! At no time will ho/es for the electrical codes and "N.E.C." and "U../.." regulations.
supports, i.e., 2x4's / 2x6's, if any structural be drilled through the fascia's structural
Landlord will have repairs made at the Tenant's supports and/or are drilled through or damaged the
tbe Sign Contractors expense.
Page 3 of 5
0,2106..'10.0.3 16 : 37 .F.A..1.....6.22+8-10;,1,-4 a el SANTIN POLI & BALL
.) 838 - 5149
4. be ALTERNATIVE used in place InnutoneAnota: of neon or L.E.D. tights designed and approved for Pan Channel
placed in each letter so that argon light out tubing. put A sufficient number of the L.E.D. lights must Letters be may
output of letters illuminated with neon or through argon the face is even and equivalent to the light
tubing.
Exception for Anchor Tenants:
for Letters cever 24" in height may use ?DK style transformers
a the use of these transformers. Only one (1) electrical in each letter and letter depth may be adjusted
accommodate maximum diameter of l-118". Letters may also be supply spaced (hole through the fascia} per letter with
mounting clips_ up to 2" away from the fascia to
Exception for Freestanding Pea Users:
may For business be single with face a national sign program the Signs on the sides
may be illuminated sign cabinets that mect the requirements of the and Town rear of building (not facing a street)
Gilbert's Sign Ordinance with 1-10. florescent lamps_ Monument signs will of be Gilbert's Sign Ordinance and
allowed as per the Town of
E. MISCELLANEOUS
REQUIREMENTS
I. Each Tenant will be permitted to place upon each
inches of Vinyl Decal application lettering not to entrance of its Premises not more than 144 Square
of business, emergency telephone numbers. etc... exceed two inches (2-) in height, indicating hours
2_ Except as provided herein, no advertising
on or other descriptive material, will be affixed placards, or maintained banners, pennants, names insignia, trademarks,
sidewalks, or in any common area. upon the exterior walls of buildings, or
3. Each Tenant who has a non customer door
on the door in location, as directed by the Landlord, for receiving merchandise may have uniformly applied
name and address. Where more than one Tenant in two inch (2") high block letters, the Tenant's
be applied. Color of letters will be as selected by the uses the same door, each name and address will
Landlord.
4. Tenant may install on the storefront door, the
6" in height. numbers for the street address. Letters will not exceed
5. Tenants should note that approval actions by the
a installations copy of will be permitted until Tenant has received Landlord written will generally take one week. No
Tenant's detailed sign drawing with Landlord's approval approval from Landlord along with
6.. Tenant or Tenant's affixed thereto.
sign permit from the contractor Town of must Gilbert secure approval of Landlord prior to submitting a request
for a
7. Before installation of the sign the installer must
IL-38 Licenses). a certificate of liability insurance summit copies of their Arizona Contractors Licenses
Landlord. and sign permit from the Town of Gilbert to the
8. The Sign Contractor must notify the Landlord
sign installation and within twenty-four hours of forty-eight completion (48) hours in advance of the start of the
of installation.
9. At no time during business hours will the Tenant,
use block or cause to be inaccessible any designated Tenant employees or representative. or contractors
handicap parking spaces.
1;0. No sign will be installed or altered after
a sign permit from the Town of Gilbert. installation except with the permission of the Landlord and
Page 4 of 5
.02/.'013/:sra03 18:37 FAX _602+840t. 4 J. SANTIN POLI & BALL Z025
rinClersort s.
S38-5149 P-
GILBERT TOWNE
CENTER SIGN CRITERIA
(A
SINGLE LINE
OF COPY' SAMPLE 24"
Mat:mum
Height
80% of Suite(s) Frontage
Maximum Length
{B,
TWO LINES SAMPLE
OF COPY 30"
2ncl- Line ,......-ArTWOLINES OF Maxiroorri
Minimu nn ticight COPYr,
of 10 - 80% of Suite(s) Frontage Elej°1t
Maximum Length ' to 2nci. 66% Line Limited
1st. Li ne of or Height copy of
LcrIer Whirclase kgrou A 41 a AL
Color. Black - IIM 11:111L 30"
AN CHATST NEL CABINET IIIE Mexirnurn
1 Wi COPY Height
1 80% of Suite(s) t=rontage Maximum 14C- P. C.
Lcagth to 40% CabinelLirnited of Height of
Pan Channel I..ettrs
{D}
33% Nrsiirnum OrT0lIal Area of Logo I 4,•"1
GrAphics th he Area A.pprovcd orSign. ‘-‘....s. 4:is S A M P 1. E
ay Landlord t..0 1 ma a2 ilrn" u hi
Eif---- -- . -...- freight
I 50% o ISuite(s) Frontage
NOTE!! Pun Channel Maxlmum Length '
Pan Channel Letters i.e.: Cabinets S" Depth; & Logo Cabinet's arc to be constructed
Grade Acrylic Face: 1TM inweIitc Dark .040 Alutnirtunt/Dark Bronze the same as the
vottage Neon Drive; etc.-- Bronze Trim Cup; 12113 turn Neon Metairie; Exterior Saar
powered by a Cow
{F} - PAN CHAN-NEL
: METAL LETTER: LETTER CONSTRUCTION
.1140 B MC' ED EN.Aotrx, AuvivtINunn DETAILS
COLOR: bark Bronze MretAIRe FINISH SILICONE SEALANT
INTERIOR OF LETTER: 2 amp UN/LAWS FUSE
COLOR:. BAKED EN White AIYIL SILICONE SEALAN'T
LOW VOLTAGE WIRING
FACE: Exturior Solar Grade Acrylic TO POWER SUPPLY
l-11 8 Thickness) — LisTED"
to Ns"
TRIM CAP: I" JEWEL ITE `I° • NYLON PVC CONDUIT
COLoR: Dark Bronze WIRE TIE
FACES Attached BOND [GROUND) SCREW
To 7he Nletal Letter With; - LOW VOLTAGE NEON DRIVER
MI P a X tared ti" hlomrheo To TRIJN. Ifewo itcwa UL LISTED "
March Trim cup Tapered Foldable Water Tight
13mrn or 121114li Double Electrode Sleeve"LIIL LISTE,D"
NEON / ARGON TUBING Stroke — #I0 x 1-112" to 2"
ARE NOTE!: ALL HOLES INTO & THROUGH Mounting SPACEtt Screws BETWEFN or 20/24 Stud Rohe
TO BE SEALED WITH A 25 YEAR THE VIIALL LITTER 114 WALL
SILICONE SEALANT.
DWG 5: LOCATtOnr
Mit GTCSC-02 arikla41 NA:rat: Gilbert Towne Center -4;14- SION &
antawfwl tOrepr.,cluec a rtwork ar pro .PC .rd With by iiut Capyritbc Loa, * sod let vuar.;,..P ..- i..30PEc..11= 4,---, MAINTENANCE LIGHTING I rs
perinissiao Pic 1523_241.2424; 5017 Pax! W.13raa n, Gtaatizi A. $5301 c-
A Fut. L SERvICe .-',"1(..SN 6 LiCifrf 621.84fL2323 'ONO
CON•trAt4',
rage 5 of 5
Mar 07 03 02:33p Michael Anderson (480) 838-5149 P 3
7
EXHIBIT "D"
PRELIMINARY
FLOOR PLAN
WALE.
LEASE AGREEMENT NO. L-/329.
Page 15 of 15
EXHIBIT E
COMMENCEMENT DATE CONFIRMATION
LESSOR: Gilbert Towne Center Associates, Limited
LESSEE: Maricopa County, a political subdivision of the State of Arizona
This Commencement Date Confirmation (this "Confirmation") is made by the undersigned Lessor and Lessee pursuant to
that certain Office Lease Agreement dated as of , 2003 (the "Lease") for certain premises known as
Gilbert Towne Center, 735 North Gilbert Road, Gilbert, Arizona (the "Premises").
1. Lease Commencement Date, Termination Date. Lessor and Lessee hereby agree that the Commencement Date
of the Lease is June 1, 2003 and the Termination Date of the Lease is May 31, 2008.
2. Acceptance of Premises. Lessee has inspected the Premises and affirms that the Premises are acceptable in all
respects in their current "as is" condition.
3. Incorporation. This Confirmation is incorporated into the Lease and forms an integral part thereof This
Confirmation shall be construed and interpreted in accordance with the terms of the Lease for all purposes.
4. Tenant Improvements. Tenant hereby confirms that Lessor has complied with and properly performed all if its
obligations as they relate to the construction of the Tenant Improvements, except as otherwise noted on that punch
list dated . Lessor has no further obligations to Lessee in regard to Lessor's duty to contribute
monies towards the cost of Tenant Improvements.
LESSOR: Gilbert Town Center Associates, Limited Partnership
Name: Date
Its:
LESSEE: Maricopa County
Dennis P. Lindsey Date
Its: Real Estate Services Manager
15
Initial
EXHIBIT C
COMMENCEMENT DATE CONFIRMATION
Lease Agreement No. L-7329
LESSOR: Gilbert Towne Center Associates, Limited
LESSEE: Maricopa County, a political subdivision of the State of Arizona
This Commencement Date Confirmation (this "Confirmation") is made by
the undersigned Lessor and Lessee pursuant to that certain Office Lease
Agreement dated as of March 13, 2003 (the "Lease") for certain premises
known as Gilbert Towne Center, 735 North Gilbert Road, Gilbert, Arizona
(the "Premises").
1. Lease Commencement Date, Termination Date. Lessor and Lessee
hereby agree that the Commencement Date of the Lease is June
2003 and the Termination Date of the Lease is May 31, 28tir
D.
2. Acceptance of Premises. Lessee has inspected the Premises an
affirms that the Premises are acceptable in all respects in their current
"as is" condition.
3. Incorporation. This Confirmation is incorporated into the Lease and
forms an integral part thereof. This Confirmation shall be construed
and interpreted in accordance with the terms of the Lease for all
purposes.
4. Tenant improvements. Tenant hereby confirms that Lessor has
complied with and properly performed all of its obligations as they
relate to the construction of the Tenant Improvements, except as
otherwise noted on that punch list dated LA.dr):12001 . Lessor has
no further obligations to Lessee in regard to Lessor's duty to
contribute monies towards the cost of Tenant Improvements.
LESSOR: Gilbert Towne Center LESSEE: Maricopa County
Ass kb Partnership
FL:. w.
S", 22i • 03
ennis P. Lindsey Date
It: AtA...-f Its: Real Estate Services Manager
PUNCH LIST — June 18, 2003
MWC Career Center
Gilbert Location
735 N. Gilbert Road, Suite 134
Gilbert, Arizona 85234
Tenant Improvement & Corrective Repairs:
1. Handicap accessible front doors not installed.
2. Front Counter top framing exposed .Nl
3. Front Counter cove base molding Ni
4. Tile/Carpet molding in reception area not joined. -NI
5. All broken or badly stained ceiling tiles replaced. — (Computer lab,
resource room, Adult Basic Education Room, cubicle area)
6. Painting touch up throughout entire center, specifically corners.
7. Detached Sprinkler heads in the following rooms: (men's public
restroom, employer room, Adult Basic Education room, unisex bathroom,
cubicle area)
8. Fan replaced in men's public restroom. Ii
9. Toilet in women's public restroom poor flush power. \I
10. Women's public bathroom door not painted. Ai
11. Wire removed from behind the door in the Assessment center.
12. Two molly bolts removed from drywall in orientation center. \I
13. Orientation center door painted.
14. No electric in upstairs office. \I
15. No cove base molding upstairs entrance. \I
16. No outlet cover in Janet Lilly's office \I
17. Air flow problem in following people's offices: Kim Faust, Janet Lilly,
Jill Buschbacher, Mike Kohler, room 5, and backroom
18. Edging of starbuck and Taupe needs touch-up in room 5.
19. Ballast in room 5 makes noise.
20. Kimberly Faust's office- (needs touch-up on several areas of Starbuck
wall)
21. Corner in youth area needs touch up
22. DES area needs touch up
23. Touch up on wall in Karen Spitler's cubicle \I
24. Edging/Boarder cracked outside Jason Novak's cubicle
25. Weather stripping on back doors
26. Humming noise in Admin. Office (Susan Schmidt, Diana Shepherd)
27. Florescent light outside Kimberly Faust's office makes noise.
28. Check and Test the gas heater in the fall of 2003.