IGA WITH THE TOWN OF BUCKEYE FOR GROUND LEASE 1988 .PDF

Maricopa County — Formal (2015-06-24)

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AGREEIV:ENT (XG) AGREEMENT PGS I L HI.
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This•agreement made and entered into this 1 . day of Q( (.2.)")
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1987, between the Town of Buckeye, a municipal corporation, State of
Arizona, as Owner, and Maricopa County, a political subdivision of the
State of Arizona, hereinafter referred to as County.
County desires to place a County-owned modular building for use as a
Headstart classroom on the grounds of the Buckeye Community Center,
201 Center Street, Buckeye, Arizona.
The above classroom is more specifically described as follows:
A frame 24 ft. x 60 ft. prefabricated building.
The term of this agreement shall commence on the VilA day of
--- C1v1t1ck , 1940 and automatically renew until terminated.
1) As rental of the said property, the County agrees to pay to the
Owner the sum of $1.00 per annum payable annually and a like sum due
and payable on the same day of each year thereafter until this
agreement is terminated.
2) The County represents and Owner acknowledges that the County is
self insured.
3) Either Owner or County may terminate this agreement by giving the
other party 90 days written notice of intent to terminate by certified
mail.
4) Janitorial services shall be provided by the County Headstart
personnel.
5) County shall be responsible for installation and payment of all
utility services provided to the premises including, but not limited to
electricity, gas, trash service and water service. Further, the
County shall be responsible for installation and all charges for
telephone services.

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6) County agrees to maintain the classroom building 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 is in a
state of good repair. Further, the County agrees that all major or
capital repairs or expenses to said classroom building shall be the
sole responsibility of the County.
7) The County may, upon prior written notice, 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 written continuation of this agreement. The County's
fiscal year ends on June 30 each year.
8) This agreement, 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 agreement shall be binding upon the
parties hereto and their respective heirs, successors and assignees.
Time is of the essence of this agreement.
9) All notices herein required to be given to Owner shall be sent to
Owner at the Town of Buckeye, Attention: Town Manager,
715 East Monroe, Buckeye, Arizona.
Notices to County shall be sent to:
Real Estate Administrator
Maricopa County Highway Department
3325 West Durango Street
Phoenix, Arizona 85009.

88 061526
10) County agrees to indemnify the owner and hold the owner harmless
from anyand all claims arising from any act or omission or
negligence of tenant, any sublessee or its invitees, licensees,
agents or employees arising from any acts, injury or damage
whatsoever to any person or property resulting from the placement
of the modular structure upon the owner's real property and from
any and all claims made by or on behalf of tenants, sublessees,
invitees, licensees, agents or employees unless proximately caused
by the negligence of the owner, its agents or employees, and
indemnifies the owner from any and all costs, expenses and
liabilities including, but not limited to, reasonable attorney's
fees incurred in or on connection with any claim or proceeding
brought in regard to such accident, injury or damage.
11) County shall maintain the building and grounds used by the County
in a neat, clean, safe and sanitary manner.
12) Upon termination of this lease, County shall promptly remove any
improvements and return the site to the condition existing
immediately prior to execution of this lease.
13) The exact site and location of the prefabricated building shall be
selected by Owner.
14) County shall install a fence upon such location as may be approved
in advance by Owner.
15) County shall use the leased property only as a Headstart classroom,
and shall meet all day-care licensing standards, local building
codes, and all state and local laws, regulations and ordinances
that pertain to the leased property and County's use thereof.

61 526
COUNTY:
MARICOPA COUNTY BOARD OF
SUPERVISORS
Clerk
APPROVED AS TO FORM: