L-7510 V5 9-22-20 FINAL CLEAN EXECUTABLE.PDF
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Lease No. L-7510
C-36-21-005-X-00
LEASE AGREEMENT
Between
MARICOPA COUNTY
And
1900 UNIV AZ LLC
This Lease Agreement, hereinafter referred to as “Agreement”, is made and entered into by and
between 1900 UNIV AZ LLC, an Arizona limited liability company, hereinafter referred to as
"Lessor", and Maricopa County, a political subdivision of the State of Arizona, hereinafter referred
to as "Lessee". Lessor and Lessee are collectively referred to herein as the “Parties”, or individually
as a “Party”.
Section 1. PROPERTY AND PREMISES.
1.1
Leased Premises. Lessor owns certain real property located at 1900 E. University Dr., Mesa
Arizona 85203 (“Property”) and as depicted on Exhibit “A” attached hereto and made a part hereof.
Lessor hereby leases to Lessee approximately 12,800 rentable square feet (“RSF”) of retail space
located within the Property and identified as Suite 6A (“Premises”) as also depicted on Exhibit “A”.
1.2
Use of Premises. Lessee shall have exclusive use of the Premises for the purpose of
providing a Maricopa County polling location for the upcoming 2020 General election and
associated activities to support this use/service. Lessee shall have access to the Premises twenty-
four (24) hours per day, seven (7) days per week, including recognized holidays. Lessee is hereby
granted a non-exclusive right to use such parking areas, sidewalks, hallways, restrooms and other
common areas and facilities as Lessor shall from time to time designate for common use (“Common
Areas”).
1.3
Condition of Premises. Subject to the punch list items referred to below, Lessor, at its sole
cost and expense, shall be responsible to deliver the Premises to Lessee broom-clean, in its AS IS
condition and configuration, and with all building systems (except HVAC, which Lessee accepts in
its As-Is condition) , building structure and utilities fully operational (collectively, “Delivery
Condition”) as of the Effective Date, defined below, of this Agreement. Additionally, Lessor shall
have nine (9) days from the Effective Date to correct the punch list items set forth on Exhibits “B”
and “B-1”, attached hereto and made a part hereof. Lessee acknowledges that the restroom
facilities in the Premises may not be compliant with applicable laws, codes, regulations and
ordinances and accepts them as such (with no duty on the part of Lessor to bring them into
compliance) subject to the condition that the restrooms must be in good working order within nine
(9) days after the Effective Date as well. If it is determined, at Lessee’s reasonable discretion, that
the Premises is not Delivery Condition, or if the punch list items are not corrected as required
herein, then Lessee may immediately terminate this Agreement. Lessor and/or any of its
employees, agents, officers, directors, members, successors or assigns hereby waives any and all
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rights to bring any claim against County or its employees, agents, officers, directors, members,
successors or assigns from or relating in any way to County’s termination of this Agreement
pursuant to this Section 1.3. Lessee shall obtain and place its own portable heating, ventilation
and cooling (“HVAC”) units in the Premises. Lessee shall maintain said HVAC units and shall not be
responsible for any repair, maintenance and/or replacement of or to the Lessor’s HVAC system.
1.4
Parking. Lessee, its employees, agents, invitees, contractors, subcontractors, engineers,
consultants, suppliers and other representatives, and their respective employees, without charge
or fee to Lessee, shall have the right to use any of the available parking spaces located at the
Property on a first come, first serve basis.
1.5
Personal Property. Lessor and Lessee acknowledge that all Lessee furniture, trade fixtures
and equipment brought onto or placed on the Premises are the personal property of Lessee
(“Lessee Personal Property”) and Lessee shall retain title to said Lessee Personal Property.
Section 2. TERM.
2.1
Effective Date. The Effective Date of the Agreement shall be five (5) business days after
the mutual execution and delivery hereof (“Effective Date”). As of the Effective Date, Lessee and
its employees, agents, invitees, contractors, subcontractors, engineers, consultants, suppliers and
other representatives, and their respective employees, shall be permitted to enter and occupy the
Premises, provided that all contractors shall provide Lessor with the proof of insurance required
below before entering the Property.
2.2
Term. The term of this Agreement shall commence on the Effective Date and, shall be for
a period of three (3) months (“Term”), unless terminated earlier as provided for herein.
2.3
Options to Renew. Intentionally Omitted.
2.4
Hold Over. At the end of the Term, Lessee shall have thirty (30) days in which to vacate
the Premises, provided that during such thirty (30) day period Lessee shall continue to pay rent at
the rate of $15,000.00 per month.
Section 3. CONSIDERATION.
3.1
Rent. Lessee’s obligation to pay Rent shall commence on the Effective Date. Within thirty
(30) days of receipt of an invoice, in consideration for the use of Lessor’s property, Lessee agrees
to pay as rent, in equal monthly installments, the sums as follow:
Lease Term
Rate
Monthly
Months 1-3
$45,000/Gross
$15,000.00
The above rent includes applicable real estate taxes, insurances, rental tax, and all other operating
expenses (except janitorial services, and data/telephone/security systems, and except as provided
below) (see also Sections 3.2, 5.1 and 5.2 for further information about operating expenses).
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3.2
Operating Expenses Lessor will perform and bear all the costs of all necessary capital
repairs and capital replacements to the Property, Premises, parking areas and Common Areas and
major building systems. All operating expenses including but not limited to: electricity, gas, water,
sewer service fees and trash removal, landscaping and other building maintenance services, are
the full responsibility of Lessor and are included in the rent set forth above except such
utilities/services as listed in Sections 3.1, 5.1 and 5.2 of this Agreement, which will be passed
through to the Lessee during the Term, and except as expressly provided to the contrary in this
Agreement.
3.3
Security Deposits. No security deposit is required.
Section 4. INSURANCE. Lessee represents and Lessor acknowledges that Lessee is self-insured.
Lessee shall provide Lessor with a Letter of Self-Insurance prior to the Effective Date of this
Agreement. Before entering the Property, Lessee’s contractors shall provide proof of insurance to
Lessor as described in Exhibit “C”, attached hereto and made a part hereof, by email to
l.williams@mlgpllc.com and v.sechler@mlgpllc.com, and by facsimile transmission to 702-973-
5444, attention: Leon Williams and Vicki Sechler-Bernardi.
Section 5. MAINTENANCE/UTILITIES/MISCELLANEOUS.
5.1
Utilities and Janitorial. As stated herein, Lessor shall be responsible for the account set-
up and payment of all utility services provided to the Premises, including but not limited to
electricity, gas, trash, water, and sewer services fees. Lessee shall then reimburse Lessor, within
thirty (30) days of receipt of an invoice, for Lessee’s use of the utilities in the Premises. Lessee, at
its sole cost and expense, shall be responsible for the set-up and payment of its use of the following
services: janitorial, data/phone/security systems.
5.2
Maintenance. Lessor agrees to provide all necessary maintenance services to the Property,
Common Areas, and Premises throughout the Term of this Agreement or any extensions thereof.
Lessor shall also maintain the structure of the building and Premises in good repair and shall correct
any hazardous conditions existing as the result of any structural defect and any unsafe condition
on the Property or Premises, except to the extent such hazardous condition was caused or
exacerbated by Lessee, its employees, agents and/or contractors. The term “structure” as used
herein, includes walls, roofs, floors, foundations, stairways, and exterior sidewalks. Lessor shall
also keep all utility systems serving the building as well as keep all building mechanical, plumbing,
electrical, operating and in a state of good repair. Lessee shall reimburse Lessor, in an amount not
to exceed $5,000.00, for any repairs to the Premises necessary to keep the polling location
operational during the Term, within thirty (30) days of receipt of an invoice from Lessor. Lessor
shall not be responsible to maintain, repair, upgrade or replace its HVAC system serving the
Premises but shall keep the exterior grounds of the Property and all Common Areas reasonably
clean and free from trash and other rubbish.
5.3
Miscellaneous Services. Intentionally Omitted.
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Section 6. RETURN OF PREMISES. At the expiration or termination of the Agreement, Lessee will
leave the Premises in a good and clean condition, normal wear and tear excepted, with Lessee’s
Personal Property removed.
Section 7. ASSIGNMENT. Lessee will not assign this Agreement or sublet the Premises without
the prior written consent of Lessor, which consent shall not unreasonably be withheld. This
Agreement shall be binding upon the Parties hereto and their respective heirs, successors, and
assigns.
Section 8. ENTRY. Lessor shall have the right, but not the obligation, to inspect the Premises at
reasonable times after reasonable notice to Lessee. Lessor shall also have the right of entry without
notice in the event of an emergency that may, in the Lessor’s sole discretion, endanger the life or
safety of the building and/or its occupants.
Section 9. NOTICE.
9.1
All notices herein required shall be in writing and sent via certified mail with return-receipt
requested, or overnight by a nationally recognized delivery service (e.g. Federal Express, UPS) with
confirmation receipt requested or hand delivered as follows:
Lessor:
1900 UNIV AZ LLC
Attn: Property Management
9101 Alta Dr., Suite 1801
Las Vegas, NV 89145
With copy to:
Moonbeam Leasing & Management LLC
Attn: Dino Reynosa
2245 Renaissance Drive, Suite A
Las Vegas, NV 89119
Lessee:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
With copy to:
Maricopa County Elections
Attn: Deputy Recorder for Operations
111 S. 3rd Avenue, Suite 102
Phoenix, AZ 85003
Notices shall be deemed delivered upon receipt.
9.2
Invoices to Lessee shall be in writing and sent by email to rgreene@risc@maricopa.gov.
Section 10. NOTICE OF SALE. If the Property is sold during the Term of the Agreement, Lessor shall
be required to notify Lessee in writing, via certified mail, within thirty (30) days of the transfer date.
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Section 11. INDEMNIFICATION. Each Party (as “indemnitor”) agrees to indemnify, defend and
hold harmless the other Party (as “indemnitee”) from and against any and all claims, losses, liability,
costs or expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as
“claims”) arising out of bodily injury of any person (including death) or property damage, 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.
Section 12. TERMINATION.
12.1 Conflicts. This Agreement is subject to A.R.S. § 38-511 and may be canceled by Lessee
pursuant thereto without any penalty or liability to Lessee.
12.2 Intentionally deleted.
12.3
General Termination. The Parties may terminate this Agreement by mutual written
consent.
Section 13.
DEFAULT; REMEDIES.
13.1 Lessee Default. Each of the following shall constitute a material breach of this Agreement
and an event of default by Lessee (“County Event of Default”) hereunder:
(a)
Lessee’s failure to pay any consideration or any other dollar amount under this
Agreement 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’s failure to observe or perform any of the material covenants, conditions or
provisions of this Agreement to be observed or performed by Lessee, other than as
described in Subsection 13.1(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 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.
13.2 Lessor Remedies. Upon the occurrence of any County Event of Default and at any time
thereafter (beyond the expiration of all applicable notice and cure periods), Lessor may terminate
this Agreement. Further, upon any occurrence of any County 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, as provided for in this Agreement.
13.3 Lessor Default. Each of the following shall constitute a material breach of this Agreement
and an event of default by Lessor (“Lessor Event of Default”) hereunder:
(a)
Except as provided otherwise in Section 1.3, Lessor’s failure to observe or perform any of
the material covenants, conditions or provisions of this Agreement to be observed or performed
by Lessor where such failure shall continue for a period of ten (10) days after Lessor receives
written notice thereof from Lessee, or such additional period of time thereafter as Lessor and
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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 ten (10) day period and
thereafter diligently proceeds to cure such default.
13.4
Lessee Remedies. In the event Lessor fails to perform any of its material obligations under
this Agreement and is in default pursuant to Sections 1.3 and 13.3 of this Agreement (beyond the
expiration of all applicable notice and cure periods, if any), Lessee may, at its option, terminate this
Agreement without penalty and demand and be entitled to reimbursement from Lessor of any pre-
paid rent. 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, as provided for in this Agreement.
13.5 Attorneys’ Fees and Costs. In the event Lessor or Lessee resort to legal proceedings to
enforce any right under this Agreement 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 14. INTENTIONALLY DELETED.
Section 15. ESTOPPEL CERTIFICATES. 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 “D” which is attached hereto and made a part hereof certifying: (a) that
the Agreement 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 base consideration and the date to which the base
consideration and additional consideration 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 claimed default. Any such statement may
be relied upon by a purchaser, assignee, or lender.
Section 16. ALTERATIONS. Lessee shall not make any alterations, improvements and/or
modifications (“Alterations”) of the Premises without Lessor’s prior written consent, which shall
not be unreasonably withheld.
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 Agreement. The word(s) “day” or
“days” as utilized in this Agreement 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 Agreement shall create any
partnership, joint venture or other arrangement between Lessor and Lessee. Except and expressly
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provided herein, no term or provision of this Agreement 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 or under
the provisions for arbitration shall be Maricopa County, Arizona and the Lessor and Lessee hereby
waive any right to object to venue. This Agreement shall be construed in accordance with and be
governed by the laws of the State of Arizona.
17.5 Entire Agreement. This Agreement, 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 Agreement 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 Agreement. This Agreement cannot be modified or changed except
by a written instrument executed by Lessor and Lessee. Lessor and Lessee have reviewed this
Agreement 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 all 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 Term 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 Agreement.
17.8 Authority to Execute. No later than the date of full execution of this Agreement, any
individual executing this Agreement on behalf of Lessor shall provide documentation that he/she
is duly authorized to execute and deliver this Agreement on behalf of said corporation, person,
firm, partnership or other entity and that this Agreement is binding on said entity in accordance
with its terms.
17.9 Partial Invalidity. If any term, covenant, condition or provision of this Agreement 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 Headings. Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
17.11 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 Agreement.
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17.12 Counterparts. This Agreement 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.
17.13 Not Binding Until Signed. Submission of this instrument for examination shall not bind
Lessor or Lessee in any manner, and no lease or obligation on Lessor or Lessee shall arise until this
Agreement is executed and delivered by both Lessor and Lessee.
17.14 Administration of Agreement. The Assistant County Manager for Maricopa County, and
the Real Estate Director for Maricopa County shall administer this Agreement.
17.15 Damage and Destruction. If the Premises is damaged by fire or other casualty which is not
caused by Lessee, its employees, agents, invitees and/or contractors and such damage is a Lessee
Damage Event, either Party may terminate this Agreement upon written notice to the other Party
sent within thirty (30) days of the damage. As used herein, a “Lessee Damage Event” shall mean
damage by fire or other casualty to all or a substantial part of the Premises, or any Common Areas
of the Property providing access or essential services to the Premises, such that Lessee cannot use
the Premises for more than two (2) business days, there is no access to the Premises for more than
two (2) business days, essential services to the Premises are interrupted for more than two (2)
business days and/or there are insufficient spaces remaining in the Parking Area for the public on
the date when the polls open. In the event the Agreement is terminated pursuant to this Section
17.15 and Lessee vacates the Premises at any time before the end of a month, Lessor shall repay
to Lessee the pro rata amount of rent paid by Lessee for the portion of the month that Lessee will
not occupy the Premises. If neither Party terminates this Agreement, then commencing on the
third (3rd) business day after the Lessee Damage Event, Lessee shall not pay Rent to the extent that
Lessee cannot use the Premises
17.16 Condemnation. If the whole or any material part of the Premises shall be taken by power
of eminent domain, or the whole or any material portion of the parking lot shall be taken by power
of eminent domain and on the date the polls open the remaining Parking Area shall provide
insufficient parking for the public, Lessor shall have the right to terminate this Agreement as of the
date possession is required to be surrendered to the applicable authority by giving Lessee written
notice thereof. If any material part of the Premises is taken and the remaining Premises is
inadequate for Lessee’s intended purpose, or if any material portion of Parking Area is taken and
the remaining Parking Area shall provide insufficient parking for the public on the date the polls
open, Lessee shall have the right to terminate this Agreement upon giving Lessor written notice
thereof.
17.17 Brokers. Lessor and Lessee hereby represent and warrant to the other Party that it has not
retained or dealt with any broker with respect to this transaction on behalf of Lessor, and Jones
Lang LaSalle, on behalf of Lessee (collectively, “Brokers”), and that they know of no other real
estate broker or agent who is entitled to a commission in connection with this Agreement. Lessor
and Lessee each agree to indemnify, protect and hold the other harmless for, from and against any
costs, losses, damages and expenses, including costs and expenses reasonably incurred with
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respect thereto, incurred by the other which arise directly or indirectly out of the breach of such
representation and warrant by the indemnifying party. The terms of this Section shall survive the
expiration or earlier termination of the Agreement.
17.18 Disputes. Unless either Party elects to terminate as permitted herein, disputes arising from
this Agreement shall be subject to arbitration as may be required by A.R.S. § 12-1518. A notice of
a dispute must be provided in writing to the other Parties and provide a summary of the issue that
is the subject of the dispute.
17.18.1 The Parties shall confer within thirty (30) days of receipt of a notice of dispute to
resolve the dispute and/or decide, within ten (10) days after conferring, on a mutually acceptable
arbiter. If a mutually acceptable arbiter cannot be agreed upon within thirty (30) days after
conferring, the Parties agree that each Party shall name one (1) arbiter and those two (2) arbiters
shall select a third arbiter. Any decisions made shall be made by a majority of the panel of three
arbiters.
17.18.2 If the Parties mutually agree to proceed to arbitration in lieu of terminating this
Agreement, arbitration shall be binding. The cost of any arbitration shall be shared equally by the
Parties.
17.19 Force Majeure Event. As used herein, a “Force Majeure Event” is any act of God,
government or public enemy, Lessee, its employees, agents and/or contractors, labor dispute,
inability to obtain material or labor on reasonable terms, and/or any other cause beyond the
reasonable control of Lessor, including but not limited to governmental orders, recommendations
of the U. S. Center for Disease Control and/or health and safety restrictions related to COVID-19.
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IN WITNESS WHEREOF, the Parties have fully executed this AGREEMENT as of the last date written
below.
LESSOR:
1900 UNIV AZ LLC, an Arizona limited liability company
____________________________________
Shawl Pryor, Chief Operating Officer
____________________________________
Date
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LESSEE:
Maricopa County,
a political subdivision of the state of Arizona
____________________________________
Clint Hickman,
Chairman, Board of Supervisors
ATTEST:
_______________________________________
Clerk of the Board
Date
APPROVED AS TO FORM:
_______________________________________
Deputy County Attorney
Date
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Exhibit “A”
The Property located at
1900 E. University Dr., Mesa Arizona 85203
and Premises (Suite 6A)
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Exhibit “B”
Punch List Items
Lessor to:
1. Turn on and confirm all utility services to the Premises (excluding data/telephone/security
systems) are operational on or before the Effective Date.
2. Remove the two (2) temporary interior walls at the north end of building (depicted on the
attached Exhibit “B-1”) to allow for air movement from the placement of Lessee’s portable
self-contained HVAC units.
3. Remove and/or replace missing/damaged ceiling tiles, properly cap and/or disconnect any
hanging low voltage wires and place them safely above the ceiling tiles, and remove that
portion of the grid ceiling that is falling down
4. Ensure all electrical outlets have covers and that none have exposed wiring.
5. Repair any malfunctioning light fixtures and replace any burned out bulbs.
6. Correct the missing water heater loop and/or add a bypass.
7. Correct any plumbing issues and ensure the restrooms are functional.
8. Remove any trip hazards from the floor and clean/remove sticky residue on the floor.
9. Remove all loose materials and shelving or relocate all loose material and shelving to an
agreed upon area at the north end of the space leaving the exit door, roll up door and
electrical panels accessible.
10. Remove trash/debris so that the Premises is in broom clean condition.
Premises Accepted by Maricopa County:
Signature
Date
Printed Name:
Title:
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Exhibit “B-1”
Remove temporary walls indicated
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Exhibit “C”
INSURANCE REQUIREMENTS FOR CONTRACTORS for
LEASE AGREEMENT NO. L-7510
All of the following insurance shall be placed with insurance companies rated A minus VII or better
by Best’s Key Rating Guide which are authorized to do business in the State of Arizona.
1.
Workers Compensation insurance in compliance with applicable Federal and State laws.
2.
Employers liability insurance with limits of liability not less than $1,000,000.00 for each
accident, each bodily injury by disease and each employee.
3.
Commercial general liability insurance including blanket contractual liability, broad form
property damage and products/completed operations coverage, with limits of not less than
$1,000,000.00 for each occurrence and $2,000.000.00 general aggregate which shall apply
on a "per project" basis; and containing a severability of interest clause or a cross-liability
endorsement clarifying that, except with respect to the policy limits, the insurance coverage
applies to each insured as though a separate policy were issued to each. The self-insured
retention or deductible shall not exceed $5,000.
4.
Vehicle liability insurance including coverage for owned, hired and non-owned autos;
blanket contractual liability, with bodily injury and property damage combined single limits
of not less $1,000,000.00 for each occurrence.
5.
All risk property insurance including replacement cost property insurance to cover all
equipment and supplies that the contractor owns, leases or rents and brings onto the
Property.
6.
If umbrella liability insurance is needed to satisfy any other limits of liability requirements
in said table, the coverage will be at least at broad as the underlying policies.
The per occurrence and/or aggregate limits may be satisfied with a combination of primary and
umbrella liability policies.
The commercial general liability, automobile liability and any umbrella liability policies shall name
Lessor as an additional insured and certificate holder. The coverage afforded the additional
insureds shall provide that such insurance is primary to any liability insurance carried by Lessor and
not contributing with or in excess of insurance carried by Lessor.
All insurance policies shall provide coverage for eachoccurrence rather than on a claims-made
basis, provided that professional liability (errors and omissions) policies may be provided on a
claims made basis so long as coverage remains in force for three (3) years after the expiration or
earlier termination of the Agreement.
Prior to entering onto the Property, each contractor shall furnish to Lessor insurance certificates
completed by a duly authorized representative of their insurers certifying that at least the
minimum insurance coverages required are in effect and that the insurers will endeavor to give not
less than thirty (30) days’ written notice prior to any cancellation or reduction in limits or coverage,
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with notice sent to Lessor. A certificate of insurance stating coverage applies to "all operations
during the policy period" at the Property is acceptable.
Any approval by Lessor of any of Lessee’s contractors’ insurance policies shall not relieve Lessee of
any obligation contained in the Agreement, at law or in equity, including liability for claims in excess
of policy limits.
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Exhibit “D”
TENANT ESTOPPEL CERTIFICATE for
LEASE AGREEMENT NO. L-7510
THE PURPOSE of this certificate 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, a political subdivision of the state of Arizona, is the Lessee or Tenant under a
lease agreement (hereinafter the “Lease”) with, as Lessor dated , 20 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 Exhibit “ ” of said Lease agreement. Other than as set forth 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 ,
20 .
3. The Lease will expire unless terminated earlier as provided for in the Lease and is subject
to the right to holdover.
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 month plus rental tax. Tenant has
paid the current month’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 month 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 month, 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.
Lease No. L-7510
C-36-21-005-X-00
10. 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.
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 in Section(s) 15
and 17.14 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 _____________________, 20____.
Lessee: Maricopa County, a political subdivision of the state of Arizona
_______________________________________________
By: [Name]
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
_______________________________________________
Deputy County Attorney
Date