YMCA/CoEM Lease Agreement

City of El Mirage — Regular Meeting (2020-10-06)

View PDF Item 8 Meeting page

Extracted text (via pymupdf) 12832 characters
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 
r·.·.· . ·.·;.· · 
. · 
. -:-~ . 
•
.. . 
-~'J•~~:. \-: 
• 
.,1, 
I 
. 
;~ · .. ~~···~;, -i· : ;_ . 
. 
' 
•·· 
: . 
~ ... t 
"' ... ' . 
... . :/' 
. -
( 
,-
I 
( 
.... ' 
.... •, 
.... - ' .i' 
I ,~ 
'o ,~ 
'(!) ,~ 
,::::i:; 
rn

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