RCSC MARICOPA COUNTY LIBRARY LEASE BELL FAIRWAY 7.12.2024 MCAO CLEAN 9.1.24.PDF
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RCSC / MCLD Lease 9/1/24
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LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made and entered into as of the last date executed below
by and between Recreation Centers of Sun City, Inc., an Arizona non-profit corporation("Lessor"), and
Maricopa County Library District, a political subdivision of the State of Arizona ("Lessee"). The Lessor
and Lessee are collectively referred to herein as the "Parties", or individually as a "Party".
Section 1. PREMISES
1.1 Leased Premises. Lessor owns the property located at 16828 N. 99th Avenue, Sun City, Arizona
and Lessor owns the property located at 10600 W Peoria Avenue, Sun City, Arizona. Lessor hereby leases
to Lessee, and Lessee hereby leases from Lessor, the following two (2) locations:
a) Approximately 15,470 rentable square feet (RSF) of space located at 16828 N. 99th Avenue,
Sun City, Arizona ("Premises l"), aka the Bell Branch, as shown in Exhibit "A.1", which is attached
hereto and made a part hereof.
b) Rooms 143 and 144 of the building located at 10600 W. Peoria Avenue, Sun City, Arizona,
which contain a combined 4,365 RSF ("Premises 2"), aka the Fairway Branch, as shown in Exhibit "A.2",
which is also attached hereto and made a part hereof.
Premises 1 and Premises 2 may hereinafter be collectively referred to as "Premises".
1.2 Use of Premises.
a) Lessee shall use the Premises only as public libraries.
b) Lessee shall have access to the Premises during the normal operating hours of the Lessor’s
recreation facility at which the particular Premises are located. Lessee is also hereby granted a
non-exclusive right to use in common with Lessor, other tenants and occupants, and other parties
authorized by Lessor, common areas, which include parking areas, sidewalks, and breezeways
adjacent to the Premises which Members and guests need to use in order to park and walk on to
access the Premises. ("Common Areas"). The use of the Common Areas by the Lessee is subject
to the rules and regulations of the Lessor in effect from time to time (available on Lessor's website)
which control the use of the Common Areas by the Lessor's members.
c) Lessee shall have the right, with Lessor’s prior approval and at no cost to the Lessee, to allow for
the use of space within Premises 1 by charitable organization(s) whose sole purpose is to provide
support services to the MCLD. Each of these charitable organizations will sign a document
acceptable to Lessor that indicates that they will comply with the terms of this Lease, including
Section 1.2: Use of Premises, Section 6: Lessee Responsibilities, and Section 11: Indemnification.
On an annual basis, each of these charitable organizations will provide Lessor with a current
certificate of insurance that includes general liability insurance in an amount of $1 million per
occurrence / $2 million aggregate, and Worker’s Compensation coverage.
1.3 Parking. Lessee, and its customers, visitors, volunteers, guests, employees, and agents, shall have
the non-exclusive right to use, free of charge, the unreserved parking stalls in the Bell and Fairway
Recreation Center parking lots located adjacent to the Premises. The use of the parking lots by the Lessee
is also subject to the rules and regulations of Lessor in effect from time to time (available on Lessor's
website) which govern the use of the parking lots by the Lessor's members.
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Section 2. TERM
2.1 Term. The initial term of this Lease shall be for five (5) years, shall commence on September 1,
2024 ("Initial Term"), and will expire on August 31, 2029 ("Expiration Date"), unless terminated earlier
as provided for herein.
2.2 Hold Over. In the event of expiration of the Lease 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 (6) months at the lease rate in effect for the last month of the term of the Lease pursuant to the terms,
provisions, and conditions of this Lease.
Section 3. CONSIDERATION
3.1 Rent. Lessee agrees to pay to Lessor, upon demand, full service rent of Ten Dollars ($10.00) per year
for the Initial Term ("Full Service Annual Rent"). The Full Service Annual Rent includes applicable real estate
taxes, insurances and all other Premises operating expenses (except expenses for telephone and internet as
agreed to below).
Section 4. INSURANCE
4.1 Lessor shall, at its own expense, insure the Premises and Common Areas. Lessee, at its own expense,
shall insure Lessee's personal property located within the Premises and Common Areas. Lessor
understands and acknowledges that Lessee is self-insured with respect to General Liability and
Automobile coverage. On an annual basis, Lessee will provide Lessor with a current Certificate of
Insurance that includes Worker’s Compensation coverage.
Section 5. LESSOR RESPONSIBILITIES
5.1 Utilities. Lessor, at its sole cost and expense, shall be responsible for the payment of normal and
customary utility services provided to the Premises, and Common Areas, including but not limited to
electricity, gas, water, trash service, sewer service fees and similar services, as required for Lessee's
comfortable use and occupancy of the Premises.
5.2 Maintenance. Lessor is solely responsible for all repair and maintenance of the Premises and the
Common Areas. Lessor shall maintain the Premises and Common Areas to the same standards as Lessor
uses to repair and maintain the Lessor's recreation center building and structures which include the
Premises. It is understood that the Premises are currently in a state of good repair. Landscape services
shall be provided by Lessor at the sole cost and expense of Lessor.
Section 6. LESSEE RESPONSIBILITIES
6.1
Utilities. Lessee shall be responsible for the installation and all recurring charges for telephone and
internet services to the Premises.
6.2 Maintenance. Any additional fire extinguishers and alarms required by Lessee are to be furnished
and maintained by the Lessee. Paper recycling and pest control services shall be provided by Lessee at
the sole cost and expense of Lessee.
6.3
Return of Premises. Subject to ordinary wear and tear, at the expiration or termination of this Lease,
Lessee will return the Premises to the Lessor in good condition, ordinary wear and tear excepted. T h e
L e s s e e w i l l m a k e n o i m p r o v e m e n t s o r m a t e r i a l c h a n g e s t o t h e P r e m i s e s
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w i t h o u t t h e p r i o r w r i t t e n a p p r o v a l o f t h e L e s s o r . Lessee may, at its sole discretion,
abandon any tenant improvements made to the Premises by Lessee or remove said improvements and restore
the Premises to its original condition, ordinary wear and tear excepted.
6.4
Usage Data. On an annual basis, Lessee agrees to provide Lessor with available data regarding
circulation usage of both facilities using RCSC zip codes.
6.5
Security Guard. Lessee will provide, at Lessee’s sole expense, an on-site Security Guard at both
Premises (Fairway Branch Library and Bell Branch Library) during all hours of operation of the two branch
Libraries.
6.6
Meetings. On a schedule acceptable to both Parties, but at a minimum semi-annually, the Parties agree
that appointed representatives of the Lessor and Lessee will meet at the Bell Branch to discuss any concerns
that either Party has concerning operations of the Libraries and maintenance of the facilities.
Section 7. DAMAGE OR DESTRUCTION
7.1 In the event of partial or complete damage or destruction of the Premises from any cause, Lessee or Lessor
may terminate the Lease. If the Lease is not terminated, and Lessor restores the Premises to the former condition,
Lessee may, at Lessee’s sole 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 Lease pursuant to the provisions of this paragraph. If at any time during the term of the Lease more than
thirty percent (30%) of the Premises or Common Areas are permanently taken for any public or quasi-public
purpose by condemnation or eminent domain or by agreement in lieu thereof (a “Taking”), the Lease shall
not terminate any sooner than120 days from the date of such Taking and Lessor shall be entitled to the award
for its fee interest in the Premises and Lessee shall be entitled to award for Lessee’s leasehold interest in the
Premises.
Section 8. ASSIGNMENT
8.1 Lessee shall not assign this Lease, or sublet the Premises without the prior written consent of Lessor,
which consent shall not unreasonably be withheld. This Lease shall be binding upon the parties hereto and
their respective heirs, successors and assignees.
Section 9. ENTRY
9.1 Lessor shall have the right to inspect the Premises at reasonable times after reasonable notice to
Lessee. Notwithstanding this provision regarding reasonable notice, in the event of an emergency, Lessor may
enter the Premises without advance notice to the Lessee.
Section 10. BROKERS
10.1 Lessor hereby represents and warrants to Lessee that it has not retained or dealt with any broker
with respect to this transaction. Lessee hereby represents and warrants to Lessor that it has not retained or
dealt with any broker with respect to this transaction. Lessor and Lessee each agree to indemnify, protect and
hold the other harmless for, from and against any costs, losses, damages and expenses, including reasonable
attorneys' fees, incurred by the other which arise directly or indirectly out of the breach of such
representation and warranty.
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Section 11. INDEMNIFICATION
11.1
Each party (as "indemnitor") agrees to indemnify, defend and hold harmless the other party, and its
officers, officials, agents, employees or volunteers (collectively, "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), property damage, (but
only to the extent that such claims are caused by the willful misconduct or gross negligence of the indemnitor,
its officers, officials, agents employees, or volunteers) or mechanics or workman's lien placed against the
Premises due to indemnitor's actions.
Section 12. NOTICE
12.1
All notices herein required shall be in writing and sent via certified mail or hand delivered as follows:
To Lessor:
Recreation Centers of Sun City, Inc.
Attn: General Manager
10626 W. Thunderbird Blvd.
Sun City, Arizona 85351
To Lessee:
Maricopa County Library District
Attention: Director
9330 E. Riggs Rd.
Sun Lakes, Arizona 85248
With a copy to:
Maricopa County Real Estate
Department Attn: Director
2801 West Durango Street Phoenix, AZ 85009
12.2
Notice of Sale. If the Premises are sold during the term of the Lease, Lessor shall be required to notify
Lessee in writing, via certified mail, within thirty (30) days of the transfer date.
Section 13. TERMINATION
13.1
Conflicts. This Lease is subject to A.R.S. § 38-511 and may be canceled by Lessee pursuant thereto
without any penalty or liability to Lessee.
13.2
Termination. After the first full year of this Lease, and with 365 days advance notice, this
Lease may be terminated by either Party without any penalty or liability to the other Party. Such advance notice
shall not be given until after the first full year of this Lease. Lessee acknowledges that any tenant improvements the
Lessee has made to the Premises shall become the property of the Lessor free and clear in the event Lessee
terminates this Lease. Both Parties hereby waive any and all rights to bring any claim against the other
Party or its employees, agents, officers, directors, members, successors or assigns from or relating in any way
to that Party’s termination of this Lease pursuant to these Sections 13.1 and 13.2.
Section 14. DEFAULT; REMEDIES
14.1
Lessee Default. Each of the following shall constitute a material breach of this Lease and an event of
default by Lessee ("Lessee Event of Default") hereunder:
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(a) Lessee's failure to pay any installment of full-service gross rent or any other dollar amount under this
Lease when due, where such failure shall continue for a period of ten (10) business days after Lessee receives
written notice thereof from Lessor.
(b) Lessee assigning or subleasing the Premises without Lessor's prior written consent.
(c) Lessee's failure to observe or perform any of the covenants, conditions or provisions of this Lease to be
observed or performed by Lessee, other than as described in Subsection 14.l(a), where such failure shall
continue for a period of thirty (30) days after Lessee receives written notice thereof from Lessor, or such
additional period of time thereafter as Lessor and Lessee may agree in writing and may be reasonably
necessary under the circumstances to cure such default if Lessee commences to cure such default within
said thirty (30) day period and thereafter diligently proceeds to cure such default.
14.2
Lessor Remedies. Upon the occurrence of any Lessee Event of Default, and at any time thereafter, Lessor
may, but shall not be required to, exercise any remedies now or hereafter available to Lessor at law or in equity
without such exercise being deemed (a) an acceptance of surrender of the Premises; or (b) a termination of this
Lease.
14.3
Lessor Default. Each of the following shall constitute a material breach of this Lease and an event of
default by Lessor ("Lessor Event of Default") hereunder:
(a)
Lessor's failure to observe or perform any of the covenants, conditions or provisions of this
Lease to be observed or performed by Lessor, where such failure shall continue for a period of thirty
(30) days after Lessor receives written notice thereof from Lessee, or such additional period of time
thereafter as Lessor and Lessee may agree in writing and may be reasonably necessary under the
circumstances to cure such default if Lessor commences to cure such default within said thirty (30) day
period and thereafter diligently proceeds to cure such default.
14.4
Lessee Remedies. In the event Lessor fails to perform any of its obligations under this Lease and is
in default pursuant to Section 14.3 of this Lease, Lessee may, at its option, terminate this Lease without any
liability to Lessee. Further, upon the occurrence of any Lessor Event of Default and at any time thereafter,
Lessee may, but shall not be required to, exercise any remedies now or hereafter available to Lessee at law or
in equity.
14.5
Attorneys' Fees and Costs. In the event Lessor or Lessee resorts to legal proceedings to enforce
any right under this Lease, or to obtain relief for any default by the other party, the party prevailing in such
proceedings shall be entitled to recover from the defaulting party the costs thereof, including reasonable
attorneys' fees and costs.
Section 15. SUBORDINATION AND ATTORNMENT
15.1
Upon written request of Lessor, or any first mortgage or first deed of trust beneficiary of Lessor, or
ground lessor of Lessor, and within thirty (30) days, Lessee shall, in writing, in substantially the same form
as Exhibit "B" which is attached hereto and made a part hereof, subordinate its rights under the Lease 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 the 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, the Lease shall remain in
effect for the full term. The holder of any security interest may, upon written notice to Lessee, elect to have
the Lease 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
RCSC / MCLD Lease 9/1/24
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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 the Lease, provided such party acquires and accepts the Premises subject
to the Lease.
Section 16. ESTOPPEL CERTIFICATES
16.1
Within thirty (30) days after written request from Lessor, Lessee shall execute and deliver to Lessor
or Lessor's designee, a written statement in substantially the same form as Exhibit "C" which is attached
hereto and made a part hereof certifying: (a) that the Lease 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 rent and the date to which
the rent and/or 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.
Section 17. GENERAL
17.1
Lessor. The term "Lessor" as used herein includes the singular as well as the plural, the masculine
and feminine as well as the neuter.
17.2
Time is of the Essence. Time is of the essence of this Lease. The word(s) "day" or "days" as utilized
in this Lease shall mean calendar days unless expressly stated otherwise. If the date for performance of any
obligation hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday or legal
holiday, then said date for performance or time period shall expire on the first day thereafter which is not a
Saturday, Sunday or a legal holiday.
17.3
No Partnership or Joint Venture. Nothing contained in this Lease shall create any partnership, joint
venture or other arrangement between Lessor and Lessee. Except and expressly provided herein, no term or
provision of this Lease is intended or shall be for the benefit of any person or entity not a party hereto, and no
such other person or entity shall have any right or cause of action hereunder.
17.4
Venue; Governing Law. The proper venue for any proceeding at law or in equity shall be Maricopa
County, Arizona and the Lessor and Lessee hereby waive any right to object to venue. This Lease shall be
construed in accordance with and be governed by the laws of the State of Arizona.
17.5
Entire Agreement. This Lease, together with any supplemental provisions attached hereto,
constitutes the entire agreement between the Parties and sets forth all of the covenants, promises, agreements,
conditions and understandings between Lessor and Lessee, and there are no covenants promises, agreements,
conditions or understandings, either oral or written, between Lessor and Lessee other than as set forth herein,
and those agreements that are executed contemporaneously herewith. This Lease shall be construed as a
whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring
construction against the Party drafting this Lease. This Lease cannot be modified or changed except by a
written instrument executed by Lessor and Lessee. Lessor and Lessee have reviewed this Lease and have
had the opportunity to have it reviewed by legal counsel.
17.6
Waiver. 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.
17.7
Quiet Enjoyment. Lessor covenants that Lessee, upon paying the rent as provided herein and upon
complying with all of its other obligations hereunder, shall lawfully and quietly hold, occupy and enjoy the
Premises during the rental period without hindrance or molestation by Lessor or by anyone lawfully claiming by,
through or under Lessor, subject, however, to the terms and conditions of this Lease.
RCSC / MCLD Lease 9/1/24
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17.8
Authority to Execute. The Chairman of the Board of Directors of the Library District is the
individual authorized to execute this document on behalf of Lessee. The Board President of the Lessor is the
individual authorized to execute this Lease on behalf of Lessor.
17.9
Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
17.10 No Recording. Neither Lessor nor Lessee shall record this Lease.
17.11 Headings. Sections and other headings contained in this Lease are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Lease.
17.12 Cooperation. Lessor and Lessee agree to execute and/or deliver to each other such other instruments
and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by
Lessor and/or Lessee pursuant to this Lease.
17.13 Counterparts. This Lease may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
17.14 Not Binding Until Signed. Submission of this instrument for examination shall not bind Lessor in any
manner, and no lease or obligation on Lessor shall arise until this Lease is executed and delivered by both
Lessor and Lessee.
17.15 Delegation of Authority. Since this Lease will require administrative action, including execution
of documents, from time to time to carry out the intent of the Lease, the Director of the Maricopa County
Library District, the Assistant County Manager for Maricopa County, and the Real Estate Director for
Maricopa County are hereby given the authority and charged with the responsibility for proper administration
of this Lease, whether or not specific authority is granted in any provision of this Lease.
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IN WITNESS WHEREOF the parties have caused this Lease to be effective as of the last date written below.
LESSEE: MARICOPA COUNTY LIBRARY DISTRICT
________________________________________________
Name, Title
Date
APPROVED as to FORM:
________________________________________________
Deputy County Attorney
Date
LESSOR: RECREATION CENTERS OF SUN CITY, INC.
________________________________________________
Kat Fimmel, Board President
Date
RCSC / MCLD Lease 9/1/24
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Exhibit A.1.
Premises 1
Bell Branch
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Exhibit A.2.
Premises 2
Fairway Branch
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Exhibit B
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT CERTIFICATE
for
LEASE AGREEMENT NO. L-7483
THIS AGREEMENT dated the
day of
., 20
between
(hereinafter referred to as Lender) and
Maricopa County Library District, a political subdivision of the state of Arizona (hereinafter referred to as
Lessee or County),
WITNESSETH:
WHEREAS, Lessee has entered into a lease dated
(hereinafter referred to as
"Lease") for certain premises located at
,
said
premises
more particularly described in said Lease, and
WHEREAS, Lender has made a loan to Lessor ------- in the sum
of
$
secured by a [choose one: Deed of Trust, Mortgage or Deed to Secure Debt],
Assignment of Rents and Security Agreement on the Lessor's interest in the premises ("Security Agreement")
of which the leased premises are a portion, recorded in the official records of the Maricopa County Recorder's
Office, and
WHEREAS, Lessee has agreed to the subordination of the Lease to the Security Agreement on the
condition that it is assured of continued use and occupancy of the premises under the terms of said Lease and this
Agreement, and
WHEREAS, Lender agrees to such continued use and occupancy by Lessee provided that by these
presents Lessee agrees to recognize and attorn to Lender or purchaser in the event of foreclosure or otherwise.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,
it is hereby mutually covenanted and agreed as follows:
1. In the event it should become necessary to foreclose the Deed of Trust or Lender should otherwise
come into possession of the premises, Lender will not join Lessee under said Lease in summary or
foreclosure proceedings and will not disturb the use and occupancy of Lessee under said Lease so
long as Lessee is not in default under any of the terms, covenants, or conditions of said Lease; and has
not prepaid the rent as provided by the terms of said Lease.
2. Lessee agrees that in the event any proceedings are brought for the foreclosure of any such Deed of Trust
it will attorn to the purchaser of such foreclosure sale and recognize such purchaser as the Lessor under
said Lease. Said purchaser, by virtue of such foreclosure to be deemed to have assumed and agreed to
be bound, as "Substitute Lessor", by the terms and conditions of said Lease until the resale or other
disposition of its interest by such purchaser, except that such assumption shall not be deemed of itself
an acknowledgement of such purchaser of the validity of any then existing claims of Lessee against the
prior Lessor. All rights and obligations herein and hereunder to continue as though such foreclosure
proceedings had not been brought, except as aforesaid. Lessee agrees to execute and deliver to any such
purchaser such further assurance and other documents, including a new lease upon the same terms and
conditions as the said Lease, confirming the foregoing as such purchaser may reasonably request.
Lessee waives the provisions of any statute or rule of law now or hereafter in effect which may give or
RCSC / MCLD Lease 9/1/24
Page 12 of 14
purport to give it any right or election to terminate, except as expressly provided for in said Lease, or
otherwise adversely affect the said Lease and the obligations of Lessee thereunder by reason of any such
foreclosure proceeding. Accordingly, from and after such event "Substitute Lessor" and Lessee shall have
the same remedies against each other for the breach of an agreement contained in the Lease as Lessee and
Lessor had before "Substitute Lessor" succeeded to the interest of the Lessor; provided however, that
"Substitute Lessor" shall not be;
a. liable for any act or omission of any prior lessor (including Lessor); or
b. subject to any offsets or defenses that Lessee might have against any prior lessor
(including Lessor); or
c. bound by any rent or additional rent that Lessee might have paid for more than one month
in advance to any prior lessor (including Lessor); or
d. liable for the return of any security deposit.
3. The provisions of this Agreement are binding upon and shall inure to the benefit of the heirs, successors
and assigns of the parties hereto.
4. The execution of this document is expressly authorized by the Maricopa County Library District
in Sections 15 and 17.15 of the Lease.
IN WITNESS WHEREOF the parties hereto have executed these presents the day and the year first
above written.
Executed this
day of
,
_
LESSEE: Maricopa County Library District
[Name]
[Title]
APPROVED as to FORM:
Deputy County Attorney
Date
The terms of the above Agreement are hereby consented and agreed to by Owner/Lessor:
LESSOR: [Name]
[Name], [Title]
LENDER:
[Name]
Date
[Name], [Title]
Date
Page 13 of 14
Exhibit C
TENANT ESTOPPEL CERTIFICATE
for
LEASE AGREEMENT
THE PURPOSE of this ce1tificate is to confirm the current status of matters relating to the Lease described
below. This Estoppel Certificate is for the benefit of the Lessor and
, its
successors and/or assigns (hereinafter "Lender") and for no other person or entity.
1. Maricopa County Library District, a political subdivision of the state of Arizona, is the Lessee or
Tenant under a lease agreement (hereinafter "Lease") with
as Lessor
dated
covering the premises described as: a lease located
at
. The Premises are more fully described in the
attached fully executed copy of the Lease agreement (and all amendments or modification thereto,
if any) and Exhibits "A", "B", and "C" of said Lease agreement. Other than as set fo1th above,
there are no other modifications or amendments to the Lease.
2. The Premises have been accepted by the Tenant; and the Tenant now occupies the Premises pursuant
to the Lease terms. The commencement date for the term of the Lease is -----------
3. The Lease will expire
unless terminated earlier as provided for in the
Lease and subject to any holdover as described in the Lease.
4. Lessor has completed all tenant improvement work, if any, as required under the terms of the Lease.
5. Tenant claims that the Lessor has not performed the following Lessor's obligations as directed by
the Lease:
6. The current fixed consideration for the Premises is $
per year. Tenant has paid the
current year's consideration in full. There are no other rents or other charges under the Lease which
are due and unpaid at this time. Considerations are fully paid (if required by the Lease) through the
last day of the year in which this Estoppel Certificate has been executed.
7. The Tenant has made no security deposit.
8. Except for rents (if any) which may be due under the Lease for the current year, there are no rents,
offsets or credits against future accruing rents, or other charges which have been prepaid to the
Lessor under the Lease.
9. Tenant has no right or option to purchase any portion of the real property upon which the Premises
are situated.
I 0. Tenant has received no notice of a prior sale, transfer, assignment, hypothecation or pledge of said
Lease or of the rents secured therein, except to Lender.
11. Tenant acknowledges that this Estoppel Certificate and the statements herein may be conclusively relied
upon by the Lessor and other person(s) or entity(ies) named above in the first paragraph.
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12. This agreement shall be binding upon and inure to the benefit of the Lessor, and any other person(s)
or entity(ies) named above in the first paragraph.
13. The execution of this document is expressly authorized by the Maricopa County Library District
in Sections 16 and 17.15 of the Lease.
The Tenant understands and acknowledges that Lender will rely on this Estoppel Certificate in acquiring or
making a mortgage loan to Lessor and that in connection with said loan, Lessor's interest in the Lease is being
assigned to Lender as additional security for the loan.
Executed this
day of
_
Lessee: Maricopa County Library District
[Name]
[Title]
APPROVED as to FORM:
Deputy County Attorney
Date