YMCA/CoEM Lease Agreement
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Exhibit F
For vehicles and equipment provided to Tenant by Landlord under this Lease Agreement,
complete the following:
Unit
No.
Make
Model
Year
VIN Number
Or
Equipment
Identification
Number
State Mileage Condition
at Date of
Delivery
3409
StarCraft
Bus
2015
1GB6G5BG5F1123409 AZ
New
4501
StarCraft
Bus
2015
1GB6G58G9F1124501 AZ
New
ADDENDUM #5
CITY OF EL MIRAGE AND THE NORTHWEST VALLEY FAMILY YMCA, LLC
LEASE AGREEMENT
Th.is Addendum to the Lease Agreement dated September I. 2012, is hereby made and entered
into this~
ay of}h__{ 20 18, by and between the City of El Mirage ("'Landlord'') and the
Northwest Valley Family YMCA, LLC ('Tenant'}
RECITALS
WHEREAS, Landlord and Tenant entered into a lease agreement (the ·'Lease·') on
September I. 20 I 2; and
WHEREAS. Landlord and Tenant entered into Addendum # I to the Lease on August 20,
2013;and
WHEREAS. Landlord and Tenant entered into Addendum #2 to the Lease on May 8.
20 14; and
WHEREAS, Landlord and Tenant entered into Addendum #3 to the Lease on July 20,
20 15:and
WHEREAS, Landlord and Tenant entered into Addendum #4 to the Lease on December
2 1, 20 16; and
WHEREAS, Landlord and Tenant desire to further amend the Lease; and
WHEREAS. the Lease may be amended in writing by the parties.
ADDENDUM
OW THEREFORE, the Landlord and the Tenant hereby agree to amend the Lease and
Addendums as follows and add Article XXV of the Lease and add Section 25.0 I and 25.02. as
follows:
.. Section 3.0l(a) - Base RenC is hereby replaced with a new Section 3.0l(a) that reads as
follows:
(a) Tenant agrees to pay Landlord Base Rent for the Premises in equal monthly
installments of Eight 1710usand Three Hundred Thirty-Three and 34/ 100 Dollars ($8.333.34) per
Lease Year commencing on the Commencement Date. A ·'Lease Year .. shall be a period of
twelve ( 12) consecutive calendar months, the first of which shall commence on the
Commencement Date. except that if the Commencement Date is a day other than the first day of
the month. the Commenceme nt Date shall be the first day of the nex't succeeding calendar month.
Each succeeding Lease Year shall commence on the anniversary thereof All such Base Rent
shall be payable to Landlord on the first day of the month. Base Rent shall be payable to
Landlord at the address set forth in the first paragraph hereof, unless Landlord directs otherwise
in writing.
Notwithstanding the first paragraph of this Section .. 3.0l(af above. the Landlord hereby
reduces the Base Rent to $1 .00 per month and the rate will automatically renew for additiona I 12
month terms during the remainder of the Lease unless notice is provided by the Landlord. After
December 31. 2022, the Landlord may reinstate the Base Rent in equal monthly installments of
Eight l11ousand l11ree Hundred Thirty-Three and 34/100 Dollars ($8,333.34) per Lease Year by
giving written notice ninety (90) days before the start of the calendar year. and the Tenant agrees
to begin paying the reinstated monthly Base Rent the first of the following month, and no more
reductions in Base Rent shall be granted unless otherwise agreed to by the parties. In exchange
for the reduced rent the Tenant agrees not to invoke Section 2.05 of the Lease (including prior
Addendurns) prior to December 31, 2022.
Section 25.01 -Administration of Gateway Park Sports Fields: Tenant is responsible
for all administrative duties related to the reservation and use of the properties detailed in
Exhibit I. Administrative duties include:
(a) Reservation and programming of properties in Exhibit I. Reservation and
programming are defined as any and all administrative duties required to mainta in a schedule of
reservations and use of the properties detailed in this section. A reservation is defined as
removal of a designated property from open public use for a pre-determined function. The
Tenant is assumed to have the administrative capacity to handle reservations and programming
in any form, including but not limited to verbal, walk-up, and online reservation requests.
(b) Reservation of sports fields detailed in Exhibit I. This section covers reservation of
the five (5) general sports field areas at Gateway Park as identified in Exhibit I. This includes
three (3) multipurpose fields and two (2) basebalVsoftball fields. The Tenant has the authority to
divide these spaces to accon1rn0date programming but may not make any physical changes to the
field areas.
(c) Sports field programming. Programming is defined as the allotment of the properties
detailed in this section for a specific purpose. Generally acceptable purposes for these properties
include but are not limited to youth/adult sports activities (soccer. football, baseball) and related
events. Any use outside of the generally accepted activities outlined above will be agreed upon
by the Landlord and Tenant prior the use of the fields.
(d) Revenue collection/sharing from rentals for properties in Exhibit I. Revenues
collected from the reservation and use of the properties outlined in Exhibit I are considered
operating revenues for the Tenant. Tenant may charge fees to program participants and agrees to
pay the Landlord a total of fifty (50%) percent of the gross revenue over $25.000 received
annually from program registrations as a cost share. Any Landlord use of the properties are
exempt from any tenant program fees and take precedence over any other use of the fields. The
Landlord will provide the Tenant with a list of events, dates. and times annually. Tenant will
provide a swnmary of planned programs and program fee schedule for Landlord review and
approval prior to any fee collection taking place.
As such, all Tenant collected revenues generated from the reservation and use of these
properties shall be recorded and docwnented by the Tenant and provided for review on an annual
basis. Revenue share shall be paid by Tenant at the time that annual revenue report is produced.
(e) Advertising/sponsorship opportunities. Tenant may use property in Exhibit I to
advertise program sponsors. Any revenue collected from sponsor advertising will be included
and treated as operating revenues for the Tenant and will be subject to the revenue sharing and
reporting stipulations outlined in section (d) of this addendum.
(t) Sports field lighting and controls - Tenant shall be provided with access and training
on field lighting system controls (computer program). Tenant shall be responsible for ensuring
that field lights are used only for scheduled programming and training and are turned off when
programming is complete each night.
(g) Concession sales. Outside concession sales are prohibited on any of the properties
outlined in Exhibit I.
(h) Vehicles prohibited on sports fields. Vehicles are prohibited on any of the properties
outlined in Exhibit I.
(h) Addendum Tenn and Termination
i. This addendum will be in effect through December 31. 2022.
ii. This addendum may be terminated in whole or in part by either Party for
convenience and without cause upon ninety (90) days prior written notice.
iii. This addendum may be terminated in whole or in part by either party for cause
upon thirty (30) days prior written notice to the other party specifying the
effective date of termination and the reasons (cause) for such termination. Cause
for termination includes, but is not limited to, the failure of a patty to comply with
any tenn and condition of this addendum or compliance with any federal state
and/or local laws.
iv. Landlord may terminate this addendum imrned iate ly if the Landlord
determines that the health. welfare. or safety of any patticipant in the Program is
endangered.
Section 25.02 - Landscape maintenance and reporting terms.
(a)
Landscape maintenance. The Landlord agrees to regularly maintain landscaping
for the property located at 12450 W. C innabar Ave., El Mirage. AZ 85335.
(b)
Quarterly and annual reporting. The Tenant agrees to provide the Landlord with
timely quarterly financ ia I reports. The Tenant further agrees to provide the Landlord with an
annual financial report due within sixty days of the completio n of an annual financial review of
the Tenants finances by a Certified Public Accounting Firm (CPA). The quarterly and annual
financia l reports to the Landlord do not need to be certified to comply with Section 25.02. The
Tenant shall use the certified numbers from the CPA to complete the annual report and the report
shall be in a format that complies with Section 2.05 of the Lease.
fN WITNESS WHEREOF. the patties have set their hand this _ day of __
. 2018.
LANDLORD:
City of El Mirage. Arizona.
A political subdivision of the State of Arizona
:;~.0:J:::J't!l?ttl!UA
Title: City Manager
STATE OF ARJZONA
)
)SS
County of Maricopa
)
Before me, the undersigned. a Notary Public for Maricopa County, personally, appeared
J. Ct<ySTAJ.- -:DYCHE.5
the duly authorized C!..ir:y /11,4/VAGl:.R
of The City of El
Mirage. Arizona. a political subdivision of the State of Arizona. the Landlord in the foregoing
instrument who acknowledged the signing of the foregoing instrument to be his free act and deed
on behalf of the Landlord for the uses and purpose set forth therein.
IN WITNESS WHEREOF, I have hereunto signed by name and affixed my officia l seal on the
~'I- day of i.JOV. , 2018.
8
SHARON ANTES
Notary Pul»llc • Arizona
Maricopa County
My comml11ion Expires
February 11 • 2022
STATE OF ARJZONA
)
)SS
County of Maricopa
)
Notary PubLic
MyCommission fa7Jires:
..;:t/11/2o:22.
Type or Print Name
TENANT:
orthwest Valley Family YMCA. LLC
An Arizona Limited liability company
BY:
Valley of the Sun Young Men·s Christian
Association. an Arizona non-profit
corporation, its sole member
By:
_)4,U,~
--yv, ~
Print Name: Susan M. Suman
Title: Chief Financial Officer
Before me. the undersigned. a Notary Public for Maricopa County, personally. appeared
St,(s~°V'. ,vi. J 1,1.W'c,.~
the duly authorized
(,T-o
of Valley
of the Sun Young Men's Christian Association. an Arizona non-profit corporation, which is the
sole member of Northwest Valley Family YMCA. LLC, and Arizona Limited liability company.
the Tenant in the foregoing instrument who acknowledged the signing of the foregoing
instrument to be his free act and deed on behalf of the Landlord for the uses and purpose set forth
therein.
rN W11NESS WHEREOF. l have hereunto signed by name and affixed my official seal
on the ().J- day of f.t~,111-1, 20 l il.
Angelica R Martinez
Notary Public
Maricopa County, Arizona
My Comm. Expires 08/31/21
N~ ublic
I I
My Commission Expires:
g °';/ ~ I
Type or Print Name
EXHIBIT " I"
GATEWAY PARK SPORTS FIELDS
1. Field #1 (BasebalVSoftball)
2. Field #2 (BasebalVSoftball)
3. East Field (Soccer/Football)
4. Center Field (Soccer/FootbalO
5. West Field (Soccer/FootbalO
· ARBOR WAI.KITRAIL
Center Field
West Field
East Field
Gateway Park Sports Fields
NORTH
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Northwest Valley Family YMCA
Membership Rate Schedule
Agreement
Guaranteed
Maximum
Guaranteed
Current
Minimum
Resident
Proposed
Proposed
M inimum
Non-
Current
Subsidy per
YMCA
Rate
2019
2019 Non-
Subsidy per
YMCA
Resident
Current
Resident
Rate per
Resident
through
Resident
Resident
Proposed
Rate per
Resident
Rate
Discount
Rate
Agreement Subsidy
6/ 30/2019
Rate
Rate
Discount
Agreement
Subsidy
Teen
18.00
{5.00)
13.00
4.00
1.00
11.00 I 14.00
24.00
{10.00)
4.00
6.00
Young
I
Adult
22.00
(4.00)
18.00
4.00
36.00
19.00
29.00
{10.00)
4.00
6.00
Adult
35.00
(4.00)
31.00
4.00
36.00 I 36.00
40.00
{4.00)
4.00
Couple
55.00
{6.00)
51.00
6.00
54.00 I 54.00
65.00
{11.00)
6.00
5.00
Family
61.00
{4.00)
57.00
4.00
63.00 I 60.00
70.00
{10.00)
4.00
6.00
City of
EL MIRAGE
Arizona
GRAND HERITAGE, BRIGHT FUTURE!
November 21, 2018
orthwest Valley Family YMCA
Susan M. Suman, Chief Financial Officer
12450 W. Cinnabar Avenue
El Mirage. AZ 85335
City Clerk
10000 N El Mirage Road, El Mirage 85335
623-972-2943; Fax 623-876-4603; TDD 623-933-3258
www.eln1irageaz.gov
RE:
orthwest Valley Family YMCA, LLC Lease Agreement
Dear Ms. Suman,
Enclosed please find two copies of the above referenced agreement. Please have the documents
signed and return one fully executed agreement to:
City of El Mirage
Edith W. Hoover
10000 . El Mirage Road
El Mirage, AZ 85335
Thank you for your assistance.
Sincerely,
Edith W. Hoover
City Clerk Assistant