G-30123.PDF

FACILITY USE AGREEMENT FOR USE OF REAL PROPERTY
C-%5-10- 001- 1-00
C-18-09-xxx-xx-x

IGA Number G-30123

THIS FACILITY USE AGREEMENT is entered into this uth day of
A , 2009, by and between the Maricopa County, a political subdivision
of the ‘State of Arizona, hereinafter referred to as County, and Peoria Unified School

District, a political subdivision of the State of Arizona, hereinafter referred to as District,
collectively, the “Parties”.

WHEREAS, District owns certain real property at 10851 W. Williams Road in Sun City,
Arizona, 85373, known as Zuni Hills Elementary School, as depicted in attached Exhibit
“A” (the “Property”), and

WHEREAS, District is authorized to enter into this Facility Use Agreement with County
per ARS 11-951 and ARS 11-952, and

WHEREAS, County requires access to, and use of, the Property previously referred to
for the purpose of establishing and operating an air quality monitor site (the “Monitor
Site”) on the Property as indicated on Exhibit “A”, and

WHEREAS, County is authorized to enter into this Facility Use Agreement with District
per ARS 11-951 and ARS 11-952, and

WHEREAS, the Parties desire to enter into this Facility Use Agreement, hereinafter
referred to as “Agreement”, under which County may enter upon and use the Property
of District as described herein;

NOW, THEREFORE, in consideration of the following mutual covenants, the sufficiency
of which is hereby acknowledged, the Parties agree as follows:

1. District hereby grants to County the right to enter and use that real property
described in said Exhibit “A” for the purpose previously stated, commencing on
the date of execution by the Parties, and continuing until two years after the date
of execution. The Agreement will automatically renew for five subsequent one-
year terms thereafter unless terminated by either party by giving the other party
at least 90-day written notice prior to the anniversary date of the Agreement. The
area of the Monitor Site will be approximately five feet in width by twenty feet in
length (5'X20'), together. with vehicular and pedestrian access rights to the
Monitor Site across the Property. Furthermore, County, at County’s sole cost
and expense, shall have the right to attach to District’s electrical facilities at a

mutually agreeable location at the Property and County shall have the right to
use said electrical power during the term of this Agreement for the safe operation
of the Monitor Site.

. Upon the execution of the Agreement and upon District's proper invoicing of
County, County shall pay District a first year license fee of $400.00 for entering
into the Agreement. Thereafter, at the anniversary date of the Agreement and
upon District's proper invoicing of County, County shall pay District an annual
Facility Use Fee of $100.00 until such time that the Agreement is terminated by
either party as allowed herein. Additionally, upon District's invoicing of County,
County shall pay District an Electrical Usage Fee of $1,200.00 per year for
County’s use of District's electrical system for powering the Monitor Site.

. Each party (as “indemnitor’) agrees to indemnify to the extent permitted by
Arizona law, 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.

. The Agreement shall be automatically revoked in the event of, or at such time
that County fails to comply with the expressed terms of the Agreement, unless
said failure is not cured within 60 days of date of written notice via certified mail
to cure. District and County acknowledge that the Agreement is subject to A.R.S.
38-511 and may be cancelled pursuant thereto.

. District’s noticing address:

Peoria Unified School District
District Administration Center
Attention: Steve Highlen
6330 W. Thunderbird Road
Glendale, AZ 85306

. County's noticing address:

Maricopa County Finance Department
Attention: Real Estate Manager

301 W. Jefferson, Suite 960

Phoenix, AZ 85003

. County shall not assign the Agreement without the express written permission of
District, and District agrees that said permission will not be unreasonably
withheld.

. District acknowledges that County is self-insured.

9. The Agreement shall be binding upon and inure to the benefit of the respective
parties, their successors, personal representatives and assigns, and shall be
governed by, and constructed under the laws of the State of Arizona. ;

10. Agreed upon amendments to this Agreement shall be in writing and executed by
both parties.

11.Upon expiration or termination of this Agreement, County shall retain ownership
of the air quality monitoring equipment, related personal property and any related
improvements to the Property (“Equipment”). County shall have the right to
remove the Equipment for a period of thirty (30) calendar days from the
expiration or termination of this Agreement.

HIRI IIR IIR IIKAIII IAI IASI SSA ISI IAA- RR ik FRI RII IIR III IKI RIAA II IIIA SAIS IIASA

C-18-09-xXxXx-XX-X
G-30123

IN WITNESS WHEREOF, the Parties have hereunder set their signatures on the day
and year first written above.

MARICOPA COUNTY PEORIA UNIFIED SCHOOL DISTRICT
ay Woy WS DiS WO,
Chairman of the oe Dr! Denton Santarelli, Superintendent

Approved as to form:
ChrveTen LAW orfizes, Pee.
Dw let.

fay

Attdrney for Peoria Unified School District

EXHIBIT “A”
Property
: 10851 W. Williams Road
Sun City, Arizona 85373

and

Monitor Site