LEASE RE WIC CLINIC WITH ST MARY FOOD BANK.PDF

Lease No. L-7455
C-
LEASE AGREEMENT
LEASE NO. L-7455
THIS AGREEMENT is made as of this ______day of ____________, 20___, between St. Mary’s
Food Bank Alliance, as LESSOR, and Maricopa County, a political subdivision of the state of
Arizona, as LESSEE.
LESSOR hereby leases to LESSEE 6,400 square feet of office/clinic space as shown in Exhibit
“A” which is attached and made a part hereof (“Premises”) to LESSEE at the following described
location:
3003 W. Thomas Rd., Phoenix, AZ, 85009
LESSEE shall use the Premises for general office/clinic purposes and no other.
The term of this lease shall commence on the1st day of November, 2014, and terminate on the
31st day of October, 2017 with provisions to “hold over” for six (6) months and provisions to
renew.
Upon notice, LESSEE agrees to pay LESSOR monthly rent payments in the following sum per
annum, payable on the first day of the month commencing from date of possession (“Rent”):
Lease Term Rate Monthly Annual
Months 1-36 $11.25/s.f. $6,000.00 plus tax $72,000.00 plus tax
1) LESSEE, at its own expense and with prior written consent of the LESSOR, may make
improvements, as the LESSEE deems reasonably necessary, to make the Premises suitable for use
by the LESSEE. LESSOR shall not unreasonably withhold consent to make such improvements.
2). LESSOR shall at its own expense insure the Premises, for all perils and risk coverage on
the structure(s) including, but not limited to fire, wind, burglaries and other casualties. LESSOR
understands and acknowledges that LESSEE is self-insured.
3) LESSOR shall be responsible for the payment of normal and customary utility services
provided to the Premises, including but not limited to electricity, gas, water, trash service, etc.
LESSEE shall be responsible for the installation and all charges for telephone service to the
Premises. LESSEE and LESSOR agree that normal business hours are 7:00 a.m. to 7:00 p.m.,
Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday (“Normal Business Hours”). If
Lessee request and uses heating, ventilating and air conditioning (HVAC) and lighting in its
Premises outside of Normal Business Hours (“After Hour Usage”), LESSEE agrees to pay
LESSOR for such After Hour Usage of HVAC and lighting at a rate based upon actual expenses

incurred by LESSOR. LESSEE shall have the right to review and audit such After Hours Usage
charges to ensure accuracy. LESSOR shall reverse any charge for After Hour Usage that is billed
incorrectly or in error.
4) LESSOR shall maintain the structure of the Premises 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, roofs, floors, foundations, stairways and exterior
sidewalks and walkways, and all electrical, plumbing, heating and air-conditioning systems and
equipment. It is understood that the Premises are currently in a state of good repair. All
maintenance shall be the responsibility of LESSOR, which shall include, but not be limited to, the
following: electrical, heating, venting, air conditioning, mechanical, elevator and plumbing
repairs, replacement of all broken glass of the Premises resulting from all perils including but not
limited to fire, wind, burglaries and other casualties. Janitorial and landscape services shall be
provided by LESSEE and LESSEE shall pay said service. LESSOR shall keep the exterior
grounds and all common areas clean and free from trash and other rubbish. LESSOR shall
maintain equipment, including water heaters, furnaces, air-conditioners and fire extinguishers of
the Premises and the building in safe, operating condition. Any additional fire extinguishers and
alarms required by LESSEE are to be furnished and maintained by the LESSEE.
5) If LESSOR, for any reason whatsoever, cannot deliver possession of the Premises to
LESSEE within sixty (60) calendar days of receiving a signed AGREEMENT from LESSEE, this
AGREEMENT shall be voidable, at LESSEE’S option, and LESSOR shall reimburse LESSEE
for tenant improvement costs incurred by LESSEE. LESSEE shall notify LESSOR within thirty
(30) days that the AGREEMENT is being terminated for non-delivery. However, in the event the
LESSEE desires to continue the AGREEMENT, the rental period shall commence upon delivery
of possession by LESSOR. If LESSEE has prepaid the said rent, LESSOR shall refund or credit
LESSEE on a pro rata basis.
6) LESSOR shall, at its own expense conform to all applicable standards contained in the
“Uniform Building Code for Life Safety” (“U.B.C”), and all applicable standards in “Arizona
Revised Statutes for Handicapped Accessibility” in Title 9-499.02 and Title 41-1492 through 41-
1492.11. This will include but not be limited to Handicapped Accommodations such as
restrooms, drinking fountains, pedestrian ramps, etc. LESSOR shall also, at its own expense,
conform to all Americans with Disabilities Act requirements for Public Accommodations that are
“readily achievable unless an undue burden would result”.
7) Subject to ordinary wear and tear, at the expiration of this AGREEMENT, LESSEE will
return the Premises to the LESSOR in good condition. LESSEE may, in its discretion, abandon
the improvements made by LESSEE or remove said improvements and restore the Premises to its
original condition, ordinary wear and tear excepted.
8) LESSOR hereby grants to LESSEE the option of renewing this AGREEMENT for one
(1) additional three-year term. To exercise this option, LESSEE shall give LESSOR written
notice of their intent to renew not less than 180 days prior to the expiration of this
AGREEMENT. The Base Rent during the renewal term of this AGREEMENT shall be at $12.50
per square foot per year during the renewal term. In the event of termination of this
AGREEMENT without renewal, LESSOR hereby grants to LESSEE the right of continued
occupancy of the Premises as “hold over tenant” on a “month to month” basis for up to six
months at the Base Rent for the last month of the initial term of the AGREEMENT.

9) LESSEE may terminate this AGREEMENT during the term hereof by giving LESSOR
90-days prior written notice by certified mail of intent to terminate. In the event LESSEE
terminates this AGREEMENT during the initial term hereof, or any subsequent term, the rent
payment heretofore made by LESSEE shall be pro rated based on the number of days remaining
in the final month of occupancy. LESSOR shall refund the pro rated amount to LESSEE within
30 days after termination. The LESSEE may terminate this AGREEMENT at the end of any
fiscal year during the term of the AGREEMENT provided the funds are not available from the
governing legislature or funding body for the continuation of this AGREEMENT. The
LESSEE’S fiscal year ends on June 30 of each year.
10) In the event of material or complete damage or destruction of the Premises not due to the
fault or negligence of LESSEE, LESSEE or LESSOR may terminate the AGREEMENT. If
LESSOR restores Premises to the former condition, LESSEE may, at LESSEE’S option, re-enter
said Premises. 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
AGREEMENT pursuant to the provisions of this paragraph. If at any time during the term of the
AGREEMENT more than thirty percent (30%) of the Premises or common areas of 3003 W.
Thomas Rd, Phoenix, AZ is permanently taken for any public or quasi-public purpose by
condemnation or eminent domain or by agreement in lieu thereof (a “Taking”) then this
AGREEMENT shall not terminate any sooner than 120 days from the date of such Taking and
LESSOR shall be entitled to the award for the fee interest in 3003 W. Thomas Rd., Phoenix, AZ
and the Tenant shall be entitled to the award for LESSEE’s leasehold interest in 3003 W. Thomas
Rd., Phoenix, AZ.
11) LESSEE shall not assign this AGREEMENT, or sublet Premises without written consent
of LESSOR.
12) LESSOR shall have the right to inspect the Premises at reasonable times after reasonable
notice to LESSEE.
13) The terms “LESSOR” and “LESSEE” as used herein includes the singular as well as the
plural, the masculine and feminine as well as the neuter.
14) If the Premises is sold during the term of this AGREEMENT, LESSOR shall be required
to notify LESSEE in writing, via certified mail, within thirty (30) days of the transfer date.
15) LESSEE shall have the right to use, free of charge, twenty-five (25) parking spaces
adjacent to the Premises as designated by LESSOR. In addition, LESSEE shall have access to the
remaining unreserved parking spaces for LESSEE’s visitors and guest. LESSOR shall provide
standard suite and directory signage for LESSEE at no additional cost to LESSEE. In addition,
LESSOR, at no cost to LESSEE, shall provide monument signage for LESSEE in front of the
Building to the extent allowed by the City of Phoenix.
16) Time is of the essence of this AGREEMENT.
17) The parties agree that the laws of Arizona shall govern performance and conditions of
this AGREEMENT.

18) All notices herein required to be given to LESSOR and all rent payments herein required,
shall be sent to LESSOR at:
St. Mary’s Food Bank Alliance
Attn: Sara Stuckey, Chief Financial Officer
2831 N. 31st Avenue
Phoenix, AZ 85009-1518
Notices to LESSEE shall be sent to:
Maricopa County Department of Finance
Real Estate Services Manager
301 W. Jefferson, Suite 960
Phoenix, AZ 85003
All rent request, herein required given LESSEE, shall be sent to LESSEE at:
Maricopa County Department of Public Health
Women, Infants and Children (WIC)
4041 N. Central Ave.
Phoenix, AZ 85004
19) This AGREEMENT is subject to A.R.S. §38-511 and may be canceled pursuant thereto.
20) Subordination and attornment: Upon written request of LESSOR, or any first mortgage
or first deed of trust beneficiary of LESSOR, or ground LESSOR of LESSOR, LESSEE shall, in
writing, subordinate its rights under this AGREEMENT to the lien of any first mortgage or first
deed of trust, or to the interest of any lease in which the LESSOR is LESSEE, and to all advances
made or hereafter to be made thereunder. However, before signing any subordination agreement,
LESSEE shall have the right to obtain from any lender or LESSOR requesting such
subordination, an agreement in writing providing that, as long as LESSEE is not in default
hereunder, this AGREEMENT shall remain in effect for the full term. The holder of any security
interest may, upon written notice to LESSEE, elect to have this AGREEMENT 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 the lease in
which LESSOR is lessee, LESSEE shall attorn to the purchaser or the transferee of LESSOR as
the case may be, and recognize that party as LESSOR under this AGREEMENT, provided such
party acquires and accepts the Premises subject to this AGREEMENT.
21) LESSEE 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 AGREEMENT is unmodified and in full force and effect, or is
in full force and effect as modified and stating the modifications; (b) the amount of base rent and
the date to which the base rent and additional rent have 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 any claim default. Any such
statement may be relied upon by a purchaser, assignee, or lender.
22). 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 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 which result in vicarious/derivative liability to the indemnitee are caused only by the
willful misconduct or gross negligence of the indemnitor, its officers, officials, agents employees,
or volunteers.
23) This AGREEMENT, together with any supplemental provisions attached hereto,
constitutes the entire AGREEMENT between the parties. Waiver of any breach of any term,
conditions 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.

Lease No. L-7455
C-
IN WITNESS WHEREOF, the parties have signed this Lease:
LESSOR: LESSEE:
ST. MARY’S FOOD MARICOPA COUNTY
BANK ALLIANCE
_____________________________ _____________________________________
Signature Date Chairman of the Board Date
______________________________
Title ATTEST:
_____________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
________________________________
Deputy County Attorney Date

EXHIBIT “A”
PREMISES
3003 W. Thomas Road, Phoenix, AZ, 85009
Areas 1, 2 and 3 (and use of the Common Area) as shown on the floor plan below.