LEASE AGRMT RE SPACE RENTAL WITH CITY OF PEORIA.PDF

LEASE AGREEMENT FOR THE USE OF PEORIA COMMUNITY CENTER
BETWEEN CITY OF PEORIA AND MARICOPA COUNTY BY AND THROUGH ITS
DEPARTMENT OF PUBLIC HEALTH –Women/Infant/Children (WIC) PROGRAMS
The Lease (agreement) is made on the ____ day of ___________, 2013, between the
CITY OF PEORIA, an Arizona municipal corporation in the County of Maricopa and
State of Arizona (“City”), and Maricopa County by and through its Department of Health
Programs –Women/Infant/Children (Maricopa County ) Outreach (“Lessee”).
1. Term. The Term of this Lease shall commence on the Effective Date, being the date
this Lease has been executed by both Parties, and end on the 31st day of December
2018. On an annual basis, either Party may elect to terminate this Lease on May 1st
of each year of the Lease term. If a Party elects to terminate this Lease, such Party
shall provide written notice to the other Party no later than April 1st.
Rental. Lessee agrees to pay the City as rent for that certain property commonly
known as Peoria Community Center, located at 8335 W. Jefferson St., Peoria,
Arizona 85345 (“Premises”) the amount of One Dollar ($1.00) per year. The
Community Center Premises subject to this Lease may be occupied by Lessee
daily Monday through Friday except on observed City of Peoria holidays.
Additionally, offices have windows in full view of the public; Lessee agrees to
keep occupied space clean and free of clutter that would project an unfavorable
image of the City of Peoria.
2. Purposes. The Premises shall be used for the WIC programs and for no other
purpose without the prior written consent of the City being first obtained. The City
and the Lessee acknowledge that this is a Lease for commercial or business space
and not subject to the Arizona Residential Landlord and Tenant Act, A.R.S. §°33-
1301, et.seq
WIC will provide monthly reports to the Community Services Department of
clients served by Lessee from the Community Center. Monthly reports should be
given to or mailed to the Recreation Supervisor at the Peoria Community Center
by the 30th of the following month.
WIC will schedule clients between the hours of 8am – 5pm, Monday – Friday as
needed.
3. Buildings and Improvements.
The amount of equipment that is located in the Community Center must remain
the same and new equipment will be for replacement only. Any repairs and
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replacements will be at the Lessee’s sole expense. In the event that the Lessee
shall fail to remove the buildings, fixtures and improvements after receipt of
notice from the City, the City may remove them and dispose of them as it sees fit,
and Lessee agrees to sell, assign, transfer and set over to the City all of Lessee’s
right, title and interest in the buildings, fixtures, improvements and any personal
property not removed by Lessee, for the sum of One Dollar ($1.00). Lessee
further agrees that should the City remove the buildings, fixtures and
improvements as above provided, that Lessee will pay the City upon demand the
cost of that removal, plus the cost of transportation and disposition of that
removed.
Lessee’s use of property covered in this Lease includes permanent office in the
newly renovated building in the Premises. . Regular operating hours is 8:00
a.m. – 5:00 p.m., Monday through Friday, year round, except on City of Peoria
observed holidays. Access to the leased offices may be made twenty-four (24)
hours a day, seven (7) days a week, year round. .
4. Taxes. Lessee shall pay all taxes levied and assessed upon any personal property,
buildings, fixtures and improvements belonging to Lessee and located upon the
Premises, and all leasehold and possessory interest taxes levied or assessed by
any proper taxing authority.
5. Repair and Maintenance. Lessee, at Lessee’s expense, shall maintain the Premises
in good, sanitary, and safe condition, as determined by the City. Notwithstanding
the foregoing, the City has no obligation to inspect the Premises, or to report the
condition of same to Lessee or others.
Lessee represents that Lessee has inspected and examined the Premises and
accepts them in their present condition, and agrees that the City shall not be
required to make any improvements or repairs upon the Premises or any part of
them; Lessee agrees to make all improvements and repairs at Lessee’s sole cost
and expense, and agrees to keep the Premises safe and in good order and
condition as the Premises were at the commencement of the term, reasonable
wear and tear by the elements is excepted; Lessee further agrees to leave the
Premises free from all nuisance and dangerous and defective conditions.
6. Assignment and Mortgage. The Premises and any portion of them shall be sublet,
and this Lease, or any interest in it shall be assigned, hypothecated or mortgaged by
Lessee, and any attempted assignment, subletting, hypothecating or mortgaging of
this Lease shall be of no force or effect, and shall confer no rights upon any
assignee, sublessee, mortgagee or pledgee.
In the event that Lessee shall become incompetent, bankrupt, or insolvent, or
should a guardian, trustee, or receiver be appointed to administer Lessee’s
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business or affairs, neither this Lease nor any interest herein shall become an
asset of such guardian, trustee, or receiver, and in the event of the appointment
of any such guardian, trustee, or receiver, this Lease shall immediately terminate
and end.
7. Insurance. Without limiting any liabilities or any other obligations of Lessee, Lessee,
at Lessee’s sole cost and expense, shall obtain and maintain, with forms and
insurers acceptable to the City, the following minimum coverage:
Public liability and property damage insurance indemnifying and holding the City
harmless against any and all claims, and naming the City as an additional
insured, in the amount of One Million Dollars ($1,000.000.00) for injury to any
one person, and One Hundred Thousand Dollars ($100,000.00) for property
damage, and such insurance shall be maintained during the term of this Lease.
8. Indemnification. Lessee shall indemnify and hold harmless the City, its directors,
officers, employees, and agents, for, from and against all claims, demands, suits
and costs including, but not limited to, cost of defense, reasonable attorneys’
fees, losses, damages, expenses and liabilities, whether direct or indirect, and
whether to any person including, but limited to employees of the City or Lessee,
or property to which the City, its directors, officers, employees, or agents may be
put or subject to by reason of (i) any act or omission by Lessee, or any of its
employees, agents, or invitees; (ii) Lessee’s use of the Premises or any
improvements (construction), maintenance, repair and use of the Premises by
any person or entity, including but not limited to Lessee, Lessee’s employees,
agents, contractors, invitees, or customers; (iii) the use of the Premises by any
person; or (iv) any failure on the part of Lessee, or any of its employees, or
agents to fulfill its obligations hereunder. The provisions of this Section 9 shall
survive revocation and/or termination of this Lease.
9. Mechanic’s Liens. Lessee agrees that at least thirty (30) days before any
construction work, labor or materials are done, used or expended by Lessee or
on Lessee’s behalf by any person, firm or corporation or by any contractor, that
Lessee will post and record, or cause to be posted and recorded, as provided by
law, a notice of non-responsibility on behalf of the City, giving notice that the City
is not responsible for any work, labor or materials used or expended or to be
used or expended on the Premises.
10. Permits Statutes and Codes. Lessee shall comply with the applicable
requirements of all statutes, acts, ordinances, regulations, codes and standards
of all legally constituted authorities with jurisdiction. Lessee shall obtain or cause
to be obtained, at Lessee’s expense, all permits, approvals, and authorizations
required by Lessee’s or other’s actions pursuant to this Lease.
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11. City’s Right to Inspect. The City may enter any part of the Premises at all
reasonable times to make an inspection thereof. During any construction, the
City may inspect all such work and require conformance with applicable
requirements of all legally constituted authorities with jurisdiction. Said
inspection, however, is not intended nor understood to be nor constitutes more
than a determination that the specifications set forth herein have been complied
with and is not an approval or ratification by the City of the quality or fitness of the
improvements.
12. Storage and Use of Regulated Products. Lessee shall ensure that there is not
storage or use of any hazardous materials, fuels or other petroleum products,
chemicals, herbicides, pesticides, fertilizers, paint or any other such regulated
products on the Premises without the prior written approval from the City. In the
event of a spill on the Premises of any authorized or unauthorized materials or
products by reason of or related to the exercise of the rights herein granted to
Lessee, Lessee shall immediately notify the City and shall be responsible for the
remediation of such spill and any costs associated therewith. Any remediation
shall be performed in a timely manner in accordance with a plan approved by the
appropriate governmental authority and reasonably acceptable to the City.
13. Termination by the City. The City may terminate this Lease at any time it should
be determined by its City Council that public necessity and convenience require it
to do so, by serving upon Lessee in the manner subsequently provided, a written
notice of its election to terminate, which notice shall be served at least thirty (30)
days prior to the date in the notice named for such termination.
14. Default; Attorneys’ Fees Upon Default. In the event that Lessee shall be in
default of any payment of any rent or in the performance of any of the terms or
conditions agreed to be kept and performed by Lessee, then in that event, the
City may terminate and end this Lease, immediately and the City may enter upon
the Premises and remove all persons and property, and Lessee shall not be
entitled to any money paid or any part of that money; in the event the City shall
bring a legal action to enforce any of the terms of this Lease, or to obtain
possession of the Premises by reason of any default of Lessee, or otherwise,
Lessee agrees to pay the City all costs.
If the City or Lessee defaults in the timely performance of its obligations under
this Lease, the Party not in default shall be entitled to recover court costs and
reasonable attorneys’ fees, as determined by a court, in any suit or proceeding to
enforce its rights under this Lease. The foregoing shall not in any way limit or
restrict any right or remedy at law or equity, which would otherwise be available
to such Party in default.
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15. Notices. Notices required or permitted hereunder shall be given in writing and
personally delivered or sent by registered or certified mail, return receipt
requested, postage prepaid, or by a nationally recognized overnight courier
service (e.g., Federal Express, DHL) addressed as follows:
To the City: City of Peoria
Attention: Carl Swenson, City Manager
8401 West Monroe Street
Peoria, AZ 85345
With a Copy to: City of Peoria
Walt Begley, Facilities Manager
8401 West Monroe Street
Peoria, Arizona 85345
To Lessee: Maricopa County by and through its
Department of Public Health
Attention: Grants and Contracts
4041 N. Central Ave #1400
Phoenix, AZ 85012
All notices and demands shall be deemed effective upon delivery, if delivered
personally or by overnight courier; or twenty-four (24) hours after deposit in the
U.S. Mail, if by registered or certified mail.
16. Assignment. Lessee shall not assign, encumber, mortgage or transfer any rights
under this Lease, or the rights and privileges herein, in whole or in part, without
the City’s prior written consent, which consent may be withheld for any reason.
17. Compliance with Laws. Lessee agrees to comply with all laws, ordinances, rules
and regulations that may apply to the Premises and their use.
18. Entire Lease; Change after Execution. This Lease represents the entire
agreement of the Parties with respect to its subject matter, and all agreements,
oral or written, entered into prior to this Lease are revoked and superseded by
this Lease. No representations, warranties, inducements, or oral agreements
have been made by any of the Parties except as expressly set forth herein. This
Lease may not be changed, modified, or rescinded, except in writing, signed by
both Parties hereto, and any attempt at oral modification of this Lease shall be
void and of no effect.
19. Governing Law; Choice of Forum. This Lease shall be deemed to be made
under, shall be construed in accordance with, and shall be governed by the laws
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of the State of Arizona. Any action brought to interpret, enforce, or construe any
provision of this Lease shall be commenced and maintained in the Superior
Court of the State of Arizona in and for the County of Maricopa (or, as may be
appropriate, in the Justice Courts of Maricopa County).
20. Waiver. Failure of the City or Lessee to exercise any right, remedy, or option
arising out of a breach of this Lease shall not be deemed a waiver of any right,
remedy, or option with respect to any subsequent or different breach, or the
continuance of any existing breach.
21. Right of Entry. The City may enter onto the Premises on an as-needed basis,
despite inconvenience to the Lessee, and Lessee agrees to cooperate with such.
22. Cancellation. This Lease is subject to cancellation for conflict of interest without
penalty or further obligation as provided by A.R.S. § 38-511.
[Signatures on following page]
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IN WITNESS WHEREOF, the Parties executed this Lease the date set forth above.
CITY OF PEORIA,
an Arizona municipal corporation
By: ________________________________
Name: Carl Swenson
Its: City Manager
ATTEST:
By:_________________________________
City Clerk
APPROVED AS TO FORM
By:_________________________________
Name: Stephen M. Kemp
Its: City Attorney
Maricopa County
By:_________________________________
Name: Andrew Kunasek
Its: Chairman, Board of Supervisors
ATTEST:
By: ---------------------------------------------------------
Clerk of the Board
APPROVED AS TO FORM:
By:-----------------------------------------------------------
Name: David Benton
its: Attorney for Maricopa County
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STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2013 by .
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2013 by Carl Swenson, City Manager for the City of Peoria,
Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
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