L7458 FLOOD CONTROL - DURANGO STATING AREA.PDF

LEASE AGREEMENT
BETWEEN
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
AND
MARICOPA COUNTY
This Lease Agreement (LEASE) is entered into by and between the FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY, hereinafter referred to as "DISTRICT" and
MARICOPA COUNTY, by and through its Risk Management Department, hereinafter referred
to as "COUNTY".
This LEASE shall become effective as of the date it has been signed by all parties.
COUNTY requires a designated area for use by its Risk Management Department for a new
recycling program administrated by the Environmental Division of Risk Management. Assessor
Parcel Number 105-17-007 is owned by DISTRICT, and has facilities compatible with the needs
of COUNTY.
TERMS
1. DISTRICT leases to COUNTY and COUNTY agrees to rent from MCFDC 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 Marieopa County Public Works Real
Estate Division shall administer the LEASE for its duration.
This LEASE is for a term of one (1) year and expires on December 31, 2015. Provided
COUNTY is not in default under this LEASE, COUNTY has the option to renew this LEASE
under the same terms for five (5) additional periods of one (1) year each. In the event COUNTY
determines to exercise any or all options provided herein, written notice of the exercise of such
renewal shall be provided to DISTRICT not later than December 1 of the applicable lease year.
2. COUNTY shall pay DISTRICT Five Hundred and 00/100 Dollars ($500.00) per year as
rent for use of the SITE. A payment shall be made at commencement of this LEASE for calendar
year 2015. Subsequent annual rent payments, if any, are due on the first business day of each
new calendar year. Payment shall be sent to the Flood Control District, C/O Real Estate
Division, Property Management Branch at 2801 W. Durango Street, Phoenix, AZ
3. COUNTY shall use whatever measures are necessary and required to insure the SITE
complies with applicable regulations, rules, laws, ordinances or statutes.
4. It is agreed and understood COUNTY 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,
equipment, and other personal property taken upon, or placed upon the SITE shall be removed.
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5. 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.
6. 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:
William D. Wiley
Chief Engineer and General Manager
Flood Control District of Maricopa County
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.
10. Attached to this LEASE or contained herein are the written determinations by the
appropriate attorneys for the DISTRICT and COUNTY 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 COUNTY.
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.
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13. The parties to this LEASE have chosen attorneys employed by the Civil Services
Division of the Maricopa County 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 APPROVAL: Flood Control District of Maricopa County
Chief Engineer and General Manager
Approved as to form and within the powers and
authority granted by the Board of Directors of the
Flood Control District of Maricopa County.
Deputy County Attorney Date
LESSEE APPROVAL: Maricopa County
Date
Chairman of the Board of Supervisors
Attest:
Clerk of the Board of Supervisors Date
Approved as to form and within the powers and
authority granted by the Board of Supervisors of
Maricopa County.
Deputy County Attorney Date
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