IGA WITH THE TOWN OF BUCKEYE FOR GROUND LEASE 1988 .PDF
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if#3Eli9:88 L c;;;..y 4 12E' Fiocorder AGREEIV:ENT (XG) AGREEMENT PGS I L HI. H L• 88 061526 r - This•agreement made and entered into this 1 . day of Q( (.2.)") O E 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. ' 8 0 6 1 5 2 6 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: