FCD BUCKEYE YARD LEASE AGREEMENT.PDF

LEASE AGREEMENT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION AND
FLOOD CONTROL DISTRICT OF MARICOPA
This Lease Agreement (LEASE) is entered into this day of , 2015 by and
between MARICOPA COUNTY, by and through its Department of ransportation, hereinafter
referred to as "MCDOT" and THE FLOOD CONTROL DISTRICT OF MARICOPA,
hereinafter referred to as "DISTRICT".
RECITALS:
MCDOT has received funding for its facilities and operations through the Arizona
Highway User Revenue Fund (HURF), which is subject to Article 9, Section 14 of the
Arizona Constitution, which limits the purposes for which HURF monies may be
expended on highway and street related purposes.
DISTRICT requires a designated area for use by its Operations and Maintenance Division
for a West Valley yard. Assessor Parcel Number 401-87-001G is owned by MARICOPA
COUNTY, and has facilities compatible with the needs of the DISTRICT.
It is in the best interests of both agencies to collaborate on space allocation within
MCDOT facilities.
THEREFORE:
MCDOT agrees to lease to DISTRICT and DISTRICT agrees to rent from MCDOT that
portion of the Property, hereinafter referred to as "SITE", described on Exhibit A attached to and
made a part hereof. The Property Management Branch of the Public Works Real Estate Division
shall administer the LEASE for its duration.
This LEASE is for a term of five (5) years commencing on May 1, 2015 and expiring on
June 30, 2020. Provided DISTRICT is not in default under this LEASE, DISTRICT has the
option to renew this LEASE under the same terms for one (1) additional five (5) year period. In
the event DISTRICT determines to exercise any or all options provided herein, written notice of
the exercise of such renewal shall be provided to MCDOT not later than April 1, 2020.
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TERMS:
1. MCDOT agrees to:
1.1 Allocate approximately 2,285 square feet of office space and approximately
16,000 (+1- 0.4 acre) square feet of yard space to the DISTRICT within the
MCDOT Buckeye facility at 26449 W. MC85, Buckeye AZ, shown in Exhibit
"A", attached, at a rate of $15.00 per gross square foot per year for office, and
$375/month/acre for yard space.
1.1.1 See Exhibit "B" for office square footage utilized.
1.1.2 See Map 1 for parking and shared use facilities.
1.1.3 See Map 2 for leased yard area.
1.1.4 See Exhibit "C" for rent calculation.
1.2 Provide utilities, land-line phones, routine cleaning services, plant care (for
existing plants within the area), and building security, restrooms, landscaping,
waiting areas, vehicle parking, and other common areas. Existing furniture within
the leased area may be utilized. All new furniture purchases must be paid for by
the DISTRICT. Ergonomic requests will be facilitated through the MCDOT
Facilities Manager. The DISTRICT must pay for any ergonomic requests for
DISTRICT employees.
1.3 The Information Technology Center (ITC) Division, shall be responsible for the
overall installation, operation, and support of desktops, laptops and peripherals,
and coordinated with ITC, within the allocated area. Desktops and/or laptops may
be networked to each other or to remote servers owned and operated by ITC
and/or Maricopa County. Through ITC coordination with Maricopa County
Telecom, MCDOT will provide network access from each workstation to the
County-wide area network and will maintain and manage all equipment needed to
access the County-wide area network that is permanently installed in the building
jacks, switches, and routers. The building jacks, switches and routers will be paid
for by MCDOT.
1.4 The DISTRICT will pay for any copy machines used primarily by DISTRICT
staff. This includes the leasing of, maintenance, service calls and supplies for each
copy machine. Any new computer equipment other than that which has already
been provided for by MCDOT will be paid by the DISTRICT.
1.5 Provide advance notice to DISTRICT for its accommodating Palo Verde Nuclear
Power Plant drill personnel within leased office areas, including Crew Room A09
and Lobby Area A01, as shown on Exhibit "B", and leased parking area, as
shown on Map I, attached. Unleased Palo Verde Conference room will also be
utilized. Drills are typically held at least once per year, scheduled in advance.
2. The DISTRICT agrees to:
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2.1 Occupy office space and yard space from MCDOT within the MCDOT Buckeye
facility at 26449 West MC85, Buckeye, and AZ. 85326.
2.2 Pay without demand, $15.00 per square foot per year for office space and via
Journal Voucher on a fiscal year basis to MCDOT Finance. A payment shall be
made at commencement of this LEASE for fiscal year 2015/2016. Subsequent
annual rent payments, if any, are due on the first business day of each new fiscal
year. Payment shall be sent to the Maricopa County Department of
Transportation, C/O Real Estate Division, Property Management Branch at 2801
W. Durango Street, Phoenix, AZ.
2.3 Pay within 45 days of receipt of invoice the following additional expenses:
2.3.1 The cost of any additional maintenance, building remodeling or janitorial fees
caused by a special request by the DISTRICT.
2.3.2 The costs for repair/replacement resulting from any damage caused to the
building or any surrounding MCDOT property by DISTRICT employees
and/or its visitors.
2.4 Not locate or cause to be located within the building any hazardous materials
without the written consent of the MCDOT Facilities Manager.
2.5 Not authorize any remodeling of or modifications to the building without prior
written consent of the MCDOT Facilities Manager and MCDOT Transportation
Director.
2.6 Not permit use of its allocated space without written consent of the MCDOT
Facilities Manager.
2.7 Follow MCDOT procedures in reporting any facilities related request, problems
and/or complaints regarding the building, building components, parking, and/or
service.
2.8 Comply with before and/or after work hour building access and security rules as
established by County Policy.
2.9 Comply with emergency evacuation and/or fire evacuation rules as established by
County Policy.
2.10 Pay for all costs and fees for DISTRICT wireless telecommunications services.
2.11 DISTRICT shall use whatever measures are necessary and required to insure the
SITE complies with applicable regulations, rules, laws, ordinances or statutes.
DISTRICT will leave the SITE in as near the same condition that it was prior to
the commencement of this LEASE at the time the SITE is vacated. All tools,
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equipment, and other personal property taken upon, or placed upon the SITE shall
be removed.
2.12 Accommodate Palo Verde Nuclear Power Plant drill personnel within leased
office areas, including Crew Room A09 and Lobby Area A01, as shown on
Exhibit "B", and leased parking area, as shown on Map 1, attached. Unleased
Palo Verde Conference room will also be utilized. Drills are typically held at least
once per year, scheduled in advance, and MCDOT will provide advance notice to
DISTRICT.
Either party to this LEASE may, with prior mutual written agreement, delegate
responsibilities to another party. A delegation, however, shall not relieve the delegating
party of its original responsibilities as defined herein.
All notices or demands upon either party to this LEASE shall be in writing and shall be
delivered in person or sent by mail to:
Jennifer Toth, P.E.
Director
Maricopa County Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
William D. Wiley, P.E.
Chief Engineer and General Manager
Flood Control District of Maricopa 2801 W. Durango Street
Phoenix, AZ 85009
A copy should be mailed or delivered to:
Property Management
Public Works Real Estate Division
2801 W. Durango Street
Phoenix, AZ 85009
7. Each party to this LEASE will pay for and not seek reimbursement for its own personnel
and administrative costs associated with the exercise of the rights, duties and obligations created
herein.
8. Both parties acknowledge that this LEASE is subject to cancellation by either party
pursuant to the provisions of ARS §38-511.
9. This LEASE may be amended in writing by both parties or terminated with thirty (30)
days written notice.
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10. Attached to this LEASE or contained herein are the written determinations by the
appropriate attorneys for the DISTRICT and MCDOT that these agencies are authorized under
the laws of the State of Arizona to enter into this LEASE and that it is in the proper form.
11. This LEASE is subject to availability of funds by DISTRICT.
12. Except as otherwise expressed herein, 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 court awarded attorney's fees)
(hereinafter collectively referred to as "claims") arising out of bodily injury of any person
(including death) or property damage, but only to the extent that such claims are caused by the
willful misconduct or gross negligence of the indemnitor, its officers, officials, agents,
employees or volunteers. It is recognized that the parties to this LEASE share the same risk pool
for damages.
13. The parties to this LEASE have chosen attorneys employed by the Civil Services
Division of the Maricopa Attorney's Office ("Civil Services Division") to act as their attorney
for the purpose of reviewing this LEASE. In doing so, by their signature below, each party
acknowledges that it is aware that the Civil Services Division will represent both parties to this
LEASE, and each party expressly waives any conflict created thereby.
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LESSOR: Maricopa County Department of Transportation
1 2or
Date
diricopa County Department of Transportation
Approved as to &Lin and within the powers and
authority granted by the Board of Supervisors of
Maricona
Date
LESSEE: Flood Control District of Maricopa County
William D. Wile; Date
Chief Engineer and General Manager
Approved as to form and within the powers and
Authority granted by the 5hrd of Directors of the
Flood Control District gfMarieopa County
3/2-51,5
Geriei.al Counsel Date
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II •
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1

"B" County
EXHIBIT Mar/cope
Division,
DISTRICT
Estate
CONTROL Real
Works
FLOOD Public
#0406)
sq-ft Building
(2,285) Facility
AZ (
Leased
Buckeye,
be
to MC85,
Area W.
3-13-2015 C12 26449

RENT
ANNUAL
TOTAL $36,075.00
ft/yr /ac/month
/sq RENT/YR
$15.00 $375.00 $1,800.00
rate YARD
Rental
office yard
RENT/YR "C"
OFFICE $34,275.00 EXHIBIT
FCD
TO
MCDOT
FROM AC 0.4
YARD
LEASE
YARD FT
SQ
BUCKEYE OFFICE 2,285
Commencement
DATE

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