LEASE L-7496 RE ELECTIONS AT AMARGOSA PALMDALE INVESTMENTS.PDF
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Lease No. L-7496
C-21-20-009-1-00
LEASE AGREEMENT
Between
MARICOPA COUNTY
And
AMARGOSA PALMDALE INVESTMENTS, LLC
This Lease Agreement, hereinafter referred to as “Agreement”, is made and entered into by and
between Amargosa Palmdale Investments, LLC, a California Limited Liability Company, registered to do
business in Arizona, 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 6036 S. 7th Ave., Phoenix Arizona
85041 (“Property”) and as depicted on Exhibit “A” attached hereto and made a part hereof. Lessor
hereby leases to Lessee approximately 5,500 rentable square feet (“RSF”) of retail space located within
the Property (“Premises”) as depicted on Exhibit “B” attached hereto and made a part hereof.
1.2
Use of Premises. Lessee shall have exclusive use of the Premises for the purpose of a providing
a Maricopa County polling location for the upcoming 2020 Primary and General elections 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
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.
1.4
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. This Agreement shall be effective upon full execution by the Parties (“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.
2.2
Term. The initial term of this Agreement shall commence on the Effective Date and shall be for
a period of Six (6) months (“Term”), unless terminated earlier as provided for herein.
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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.
Section 3. CONSIDERATION.
3.1
Rent. Within thirty (30) days of receipt of an invoice, in consideration for the use of Lessor’s
property, Lessee agrees to pay as full-service rent, in equal monthly installments, the sums as follow:
Lease Term
Rate
Monthly
Months 1-6
$19.09/RSF
$8,750.00 plus rental tax
The above rent includes applicable real estate taxes, insurances and all other operating expenses
(except rental tax, data/telephone (if needed), and janitorial service).
3.2
Operating Expenses Lessor will perform and bear all the costs of all necessary capital repairs
and capital replacements including but not limited to: the Property, parking areas, Common Areas and
major building systems (including, without limitation, those costs required for compliance with laws)
and property taxes. All operating expenses including but not limited to: electricity, gas, water, sewer
and trash removal, landscaping and other building maintenance services, are the full responsibility of
Lessor and are included in the full service rent set forth above.
No expenses, except such as is listed in sections 3.1 and 5.1 of this Agreement will be passed through
to the Tenant during the initial lease Term.
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.
Section 5. MAINTENANCE/UTILITIES/MISCELLANEOUS.
5.1
Utilities and Janitorial. As stated herein, Lessor, at its sole cost and expense, shall be
responsible for the payment of all utility services provided to the Property, Premises, and Common
Areas, including but not limited to electricity, gas, trash, water, and sewer services fees. Lessee shall
reimburse Lessor, within thirty (30) days of receipt of an invoice, for Lessee’s use of the electricity.
Lessee, at its sole cost and expense, shall be responsible for the payment of its use of the following
services: data/phone and security systems. Lessee, at its sole cost and expense, shall be responsible for
janitorial service for the Premises.
5.2
Maintenance. It is understood that the Premises are currently in a state of good repair. 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 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 or unsoundness and any unsafe condition. 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,
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HVAC (heating, ventilation, and air-conditioning) systems operating and in a state of good repair. Lessor
shall further keep the exterior grounds of the Property and all Common Areas clean and free from trash
and other rubbish. Lessee shall be responsible for window repair/replacement in the Premises if caused
by Lessee, its employees, agents, invitees, contractors, subcontractors, engineers, consultants,
suppliers and other representatives, and their respective employees.
5.3
Miscellaneous Services. Intentionally Omitted.
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.
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, overnight by a nationally recognized delivery service (e.g. Federal Express, UPS) with
confirmation receipt requested or hand delivered as follows:
Lessor:
Bilak Investments
Attn: Property Management
9301 Wilshire Blvd, Suite 206
Beverly Hills, CA 90210
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
9.2
Invoices to Lessee shall be in writing and sent by email as follows:
Lessee:
rgreene@risc.maricopa.gov
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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.
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, 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.
Section 12. TERMINATION; TERMINATION FEE.
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 Non-Appropriation of Funds. This Agreement may be terminated by Lessee at the end of any
fiscal year due to non-appropriation of funds without any penalty or liability to Lessee. County’s fiscal
year ends June 30th, Federal fiscal year ends September 30. Lessor and/or any of its employees, agents,
officers, directors, members, successors or assigns hereby waives any and all 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 these Sections 12.1 and 12.2.
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.
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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)
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 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.
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 Section 13.3 of this Agreement (beyond the expiration of all
applicable notice and cure periods), 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. SUBORDINATION AND ATTORNMENT. Within thirty (30) day after written request of
Lessor, or any first mortgage or first deed of trust beneficiary of Lessor, Lessee shall, in writing in
substantially the same form as Exhibit “C” which is attached hereto and made a part hereof, subordinate
its rights under the Agreement 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 Agreement shall remain in effect for the full Term. The holder of any
security interest may, upon written notice to Lessee, elect to have the Agreement 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 Agreement in 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 Agreement, provided such party acquires and accepts the Premises
subject to the Agreement.
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,
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stating the nature of any claimed default. Any such statement may be relied upon by a purchaser,
assignee, or lender.
Section 16. ALTERATIONS. Throughout the Term, Lessee may identify and request other alterations,
improvements and/or modifications (“Alterations”) of the Premises by Lessor as Lessee funds become
available. If the Lessor is amenable to the Alterations, the Parties shall proceed as follows:
1) The Lessor shall prepare a detailed cost estimate for the Alterations.
2) Upon mutual agreement to the scope of work and cost estimate, the Lessee shall provide the
Lessor with written authorization to proceed with the Alterations.
3) Upon receipt of an itemized invoice, Lessee shall reimburse Lessor an amount not to exceed
the pre-approved cost estimate for the Alterations. Full payment for the Alterations shall be
made by Lessee within 45 days of receipt of an invoice approved by Lessee.
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
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.
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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 full service 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.
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 or Property is damaged by fire or other casualty,
Lessor may terminate this Agreement, and if such damage is a Lessee Damage Event, Lessee may
terminate this Agreement in each case 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. In the event the Agreement is terminated pursuant to this
Section 17.15 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 Lessor shall restore the Premises and the Common Areas of the
Property providing access or essential services to the Premises, and Lessee shall not pay Rent if Lessee
cannot use the Premises during such restoration period.
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17.16 Condemnation. If the whole or any material part of the Premises or the Property shall be taken
by power of eminent domain, 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 part of the Premises or Parking Area is taken, 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 other than Western Retail Advisors,
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 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.
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IN WITNESS WHEREOF, the Parties have fully executed this AGREEMENT as of the last date written
below.
LESSOR:
Amargosa Palmdale Investments, LLC
By: ____________________________________
____________________________________
Name, Title
____________________________________
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
6036 S. Southern Ave, Phoenix, AZ 85041 (APN: 105-83-392)
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Exhibit “B”
Suite C100-108
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Exhibit “C”
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT CERTIFICATE
for
LEASE AGREEMENT NO. L-7496
THIS AGREEMENT (“SNDA”) is executed by and between (hereinafter referred to as Lender) and
Maricopa County, 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 ,
Assignment of Rents and Security Agreement on the Lessor’s interest in the premises (the “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 SNDA, 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 except monthly in advance 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, 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 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
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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 SNDA 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 in Section(s) 14 and
17.14 of the Lease.
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IN WITNESS WHEREOF, this SNDA is effective the day and year first written below.
LESSEE: Maricopa County, a political subdivision of the state of Arizona
______________________________________________
By: [Name]
Date
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
_______________________________________________
Deputy County Attorney
Date
The terms of the above SNDA are hereby consented and agreed to by Owner/Lessor:
LESSOR: [Name]
____________________________________
[Name], [Title]
Date
LENDER: [Name]
____________________________________
[Name], [Title]
Date
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Exhibit “D”
TENANT ESTOPPEL CERTIFICATE
for
LEASE AGREEMENT NO. L-7496
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-7496
C-21-20-009-1-00
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