LEASE RE L-7487 ROOSEVELT SCHOOL DIST NO. 66.PDF
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LEASE AGREEMENT
Between
ROOSEVELT ELEMENTARY SCHOOL DISTRICT NO. 66
And
MARICOPA COUNTY
This Lease Agreement (the "Agreement") is entered into as of the date last signed below,
between Roosevelt Elementary School District No. 66, a political subdivision of the State of Arizona,
hereinafter referred to as ("Landlord" or "District"), and Maricopa County, a political subdivision of the
State of Arizona, hereinafter referred to as ("Tenant"). The District and Tenant shall be collectively
referred to here as the “Parties”.
WITNESSETH
WHEREAS, District owns the property identified as King Early Childhood Center that is located at
4615 S. 22nd Street, Room 105, Phoenix, AZ 85040 (the "School Site"), as described on Exhibit A,
attached hereto and incorporated herein by this reference; and
WHEREAS, the County previously used the School Site and the Premises (defined below) for
the operation of the Women Infant Children Program under Lease P-50306 (C-86-18-007-1-00), as
amended by Amendment No. 1 to P-50306 (C-86-18-007-1-01), which Lease expired on June 30,
2019 and a new lease number is being assigned for this Agreement; and
WHEREAS, the District and Tenant desire to enter into this Agreement whereby the Tenant will
continue to use Room #105, an area within the School Site (the "Premises"), also as depicted on
Exhibit A; and
WHEREAS, Tenant desires to use the Premises solely for the operation of the Women Infant
Children Program (WIC) (the "Permitted Use"); and
WHEREAS, Tenant has determined that the Premises is suitable for the Permitted Use; and
WHEREAS, the District is permitted to lease District property to organizations in accordance
with A.R.S. §15-1105; and
WHEREAS, the governing board of the District (“Governing Board”) is permitted to enter into
leases for school buildings or grounds for a period of less than fifteen (15) years as permitted by
A.R.S. § 15-342(9).
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The recitals, by this reference, are incorporated herein and made a part of this Agreement.
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I.
TERM, PERMITTED USE AND RENT
Upon execution of this Agreement, Landlord shall make the Premises available to Tenant for the
Permitted Use subject to the following:
1. Tenant shall have exclusive use of the Premises. The Premises may only be used for the
Permitted Use. Tenant shall have access to the Premises during school business hours of 7:30
am - 4:30 pm Monday - Friday and, by special arrangement with the District, Tenant may be
permitted access to the Premises at other times. Tenant is hereby granted a non-exclusive right
to use in common with Landlord, other tenants and occupants authorized by Landlord, their
respective employees, agents, contractors, customers and invitees, such sidewalks, hallways,
stairways, -restrooms and other common areas and facilities as Landlord shall from time to time
designate for common use (the "Common Areas").
2. Upon receipt of an invoice to the email or address listed below, the Tenant agrees to pay the
sum of $284.00 per month to rent the Premises for each month, from July 1, 2019, through June
30, 2020 and $316.00 per month to rent the Premises for each month from July 1, 2020 through
June 30, 2021. Provided however, Tenant shall pay the currently due rent within thirty (30) days
of full execution of this lease and receipt of invoice by Tenant from District. Upon extension of
this Agreement in writing and upon the approval of both Parties, the rental rate may be changed
to reflect increased costs to the Landlord.
Maricopa County Public Health
or to: WIC@maricopa.gov
Attn: Accounts Payable
4041 N. Central Avenue, 7th Floor
Phoenix, AZ 85012
3. All rental payments will be directed to Facilitron, Inc. Facilitron, Inc. is an authorized third party
for the Landlord and is authorized to collect payments on behalf of the Landlord. Tenant will use
the following URL for Online Payments: https://www.facilitron.com and will use the following
address to mail payments:
Facilitron Inc.
Attn: Jennifer Ford
PO Box 1935
Los Gatos, CA 95031-1935.
4. The term of this Agreement shall be retroactive beginning as of July 1, 2019 and expiring on June
30, 2021, (the “Term”). The Agreement may be renewed for up to one (1) additional (1) one-year
term upon written agreement of the Parties, which decision to renew may be granted or withheld
by each party in its sole and absolute discretion.
5. Tenant, at its sole cost and expense, shall comply with any and all security procedures and
background checks as may be required by Landlord.
6. Tenant, at its sole cost and expense, shall keep the Premises in a clean, safe and usable
condition at all times.
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7. Landlord shall provide facilities for trash removal to the School Site and Premises. Tenant, at its
sole cost, will be responsible for all janitorial services at the Premises.
8. Either party may terminate this Agreement at any time for any reason or for no reason by giving the
other party a minimum of 90 days’ prior written notice, delivered by personal delivery or by
certified mail to the persons at the addresses set forth in Section XXVII.
9. This Agreement may be terminated by Tenant at the end of any fiscal year due to non-
appropriation of funds without any penalty or liability to Tenant. County and State fiscal years
end June 30, Federal fiscal year ends September 30.
Ill. ENTRY AND INSPECTION
Landlord shall have the right but not the obligation at all times after reasonable notice to Tenant
to enter onto and inspect the Premises. Landlord will notify Tenant of any unsatisfactory condition
as required under this Agreement. Tenant shall take action as soon as possible to correct such
condition(s) at Tenant's expense. Any failure of Tenant to remedy an unsatisfactory condition
within a reasonable time period after receiving notice from Landlord shall constitute an event of
default and shall be sufficient cause for termination of this Agreement.
IV.
MAINTENANCE, ALTERATIONS, IMPROVEMENTS AND REPAIRS
1. Tenant shall not make alterations, improvements or repairs to the Premises without the prior
consent of Landlord, which consent may be granted or withheld in the Landlord's sole discretion.
2.
Tenant will provide all furniture, temporary cubical partitions and supplies necessary to use the
Premises for the Permitted Use. If Landlord or its agents, volunteers, guests, invitees, patrons or
employees damage Tenant's property, Landlord agrees to immediately repair the same; and, if
any of the property of Tenant is lost, stolen or destroyed by Landlord or its agents, volunteers,
guests, invitees, patrons or employees, Landlord agrees to immediately replace the same.
3.
Landlord agrees, at its cost, to maintain the roof, walls, ceilings, windows, structural members,
doors, entry ways, and heating, cooling, plumbing, and electrical systems, units and fixtures in
good repair and condition during the term of the Agreement.
4.
If Tenant or its agents, guests, invitees, patrons or employees damage the Premises or the
property of Landlord, normal wear and tear excepted, Tenant agrees to immediately repair the
same; and, if any of the property of Landlord is lost, stolen or destroyed by Tenant or its agents,
guests, invitees, patrons or employees, Lessee agrees to replace the same. Any repair work
performed by Tenant shall be agreed upon by Tenant and Landlord prior to the work being
performed.
5.
Tenant agrees to perform monthly inspections of Premises, and to immediately notify Landlord
of any damage or defect, in order that Landlord may comply with terms set forth in this
Agreement.
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IV.
COMPLIANCE WITH GOVERNING BOARD POLICIES AND APPLICABLE LAWS
Tenant, its staff members, and its participants shall at all times comply with all Governing Board Policies
of the District, in effect at the time of the execution of the Agreement or as adopted from time to time
by the Governing Board. Failure to comply constitutes cause for the termination of this Agreement.
The Parties also agree to comply with all applicable state and federal laws, rules, regulations and
executive orders governing equal employment opportunity, nondiscrimination and affirmative action.
Tenant shall ensure that all employees and contractors have complied with the provisions of A.R.S.
§15-512 regarding background checks.
V.
TOBACCO, DRUGS AND ALCOHOL
Tenant shall not keep, permit or allow any non-prescribed drugs or any liquors or beverages of any
intoxicating nature or tendency to be sold or used on the Premises or on the school grounds. Smoking,
or use of tobacco products of any kind is prohibited on the Premises.
VI.
INTERFERENCE WITH DISTRICT OPERATIONS
If Tenant's operations substantially and adversely affect the operations of the District, then the District
shall give prompt and reasonable notice specifying the objectionable practices. Tenant shall
immediately correct such operations or practices. If the corrections are not reasonably satisfactory to
the District, then the District shall have the option to terminate the Agreement on thirty (30) days'
written notice or to terminate it on such shorter notice as is reasonable in an emergency.
VII.
UTILITIES
Landlord shall pay all reasonable charges for water, electricity and natural gas consumed upon the
Premises. Landlord shall not be obligated to provide any phone or internet service at the Premises,
provided, however, that Tenant may obtain phone and internet service at the Premises at its own cost.
Landlord is not obligated to upgrade the type or extent of utility service at the Premises. As part of
utilities costs for which Landlord is obligated to pay, Landlord shall cause Landlord's trash service
provider for the District to remove trash from the School Site and Premises no more frequently than
such provider removes trash from the remainder of the District property, so long as the Tenant stores
such trash from the Premises in a location reasonably pre-approved by Landlord prior to any such
removal.
VIII.
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 the
negligent performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or
volunteers.
IX.
INSURANCE
1. At all times during the term of this Agreement, and during any renewal thereof, Tenant shall
maintain comprehensive general liability insurance, at its expense, with coverage limits of not
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less than $1,000,000 per occurrence and $2,000,000 aggregate limit or such higher limits as
the District may reasonably require during the term of this Agreement for bodily injury, property
damage, products and completed operations, and blanket contractual coverage. Said policy of
insurance shall provide liability insurance coverage of all of Tenant's activities on the Premises
and shall have no exclusions relating to sexual assault, abuse or molestation.
2. Tenant shall provide automobile liability insurance for owned, non-owned and hired
vehicles with combined single limit per accident for property damage, bodily injury of not
less than the statutory minimum limits, or such higher limits as the District may reasonably
require during the term of this Agreement.
3. Tenant shall provide workers' compensation insurance with limits statutorily required by any
Federal or state law and Employer's Liability insurance of not less than $100,000 for each
accident, $100,000 disease for each employee, and $500,000 disease policy limit. Such
insurance policy shall include a waiver of subrogation against Roosevelt Elementary School
District No. 66 and its departments, officers, employees and agents.
4. Tenant shall provide professional liability insurance covering acts, errors, mistakes, and
omissions arising out of the work or services performed by Tenant, or any person employed by
Tenant, with a limit of not less than $1,000,000 per claim. Tenants providing medical services
shall have insurance of not less than $5,000,000 per claim.
5. Tenant is self-insured and upon execution of this Agreement will provide Landlord with proof of
insurance that meets or exceeds the minimum limits listed above.
X.
DESTRUCTION OF PREMISES
If the Premises or School Site is damaged by fire or other casualty, Landlord may terminate this
Agreement, and if such damage is a Tenant Damage Event, Tenant may terminate this
Agreement if the damage directly affects Tenant’s ability to occupy or use the Premises, in each
case upon written notice to the other Party sent within thirty (30) days of the damage. As used
herein, a “Tenant 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 School Site providing access or
essential services to the Premises. If neither Party terminates this Agreement then Landlord shall
restore the Premises and the Common Areas of the School Site providing access or essential
services to the Premises.
XI.
ZONING AND PERMITS
Landlord does not warrant that the Premises are zoned for the use contemplated by the Tenant.
Tenant shall bear the cost of procuring zoning charges, if any, permits and approvals as are required
by law for Tenant's intended use of the Premises. If Tenant is unable to procure zoning or other
necessary approvals, Tenant may terminate this Agreement by giving written notice to Landlord.
XII.
SIGNS AND ADVERTISING
Tenant shall have the right to display on the Premises signs that are in compliance with all applicable
municipal ordinances and regulations with respect thereto and in keeping with the dignity of the
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Premises and its surroundings, subject to the prior approval of Landlord, which approval may be
granted or withheld in the Landlord's sole discretion. Tenant shall pay for the design, fabrication,
installation, maintenance and repair of any such signs at Tenant's sole cost and expense. No sign or
advertising by Tenant shall tend to mislead anyone that Landlord has any relationship with Tenant or
its operations other than merely as Landlord. On or before the expiration or sooner termination of this
Agreement, Tenant, at Tenant's sole cost and expense, will remove any such signs from the Premises
and will repair any damage to the Premises as a result of such signs being affixed to the Premises or
as a result of such removal, normal wear and tear excepted.
XIII.
MECHANICS' LIENS
During the term of this Agreement and any extensions thereof, Tenant shall at all times keep the
Premises and the remainder of the School Site free of mechanics' liens and other liens of like nature,
and at all times shall fully protect and indemnify the District against all such liens or claims. In
connection with any alterations of, or additions to, the Premises, including, without limitation, the
construction of the improvements or alterations, Tenant will provide the District with full, final and
unconditional lien waivers from any and all contractors performing work at the Premises within thirty
(30) days of the substantial completion of any and all such work.
XIV.
SAFETY AND SECURITY
Tenant agrees and understands that Landlord will not provide security services on the Premises and
that Tenant invites and market its services to and at the Premises to customers, patients, potential
customers, potential patients and other invitees at its own risk and that Tenant shall be responsible
for the safety and security of its customers, patients, or other invitees on the Premises.
XV.
DEFAULTS AND REMEDIES
In the event of any default under this Agreement, unauthorized use of Premises or the School Site by
the Tenant and failure by the breaching party to cure said default within thirty {30) days after written
notice is made in accordance with this Agreement (such 30-day period subject to extension as is
reasonably necessary in the event the default reasonably takes longer than 30-days to cure, so long
as the breaching party commences the cure within such 30-day period and thereafter diligently
prosecutes the cure to completion), then after such time periods the non-breaching party may elect to
terminate this Agreement upon ten (10) days' written notice and may pursue any applicable judicial
or non-judicial rights and remedies for the breach.
XVI.
WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any
other provision. The waiver of any of the terms and conditions of this Agreement shall be limited to
the particular instance involved and shall not continue.
XVII. RELATIONSHIP
The relationship created by this Agreement is that of Landlord and Tenant and no other, it being
understood that the Tenant is not a partner, joint venturer, associate, agent or employee of the
Landlord. Tenant assumes full responsibility for the actions of Tenant’s personnel, and is solely
responsible for their supervision, daily direction and control, payment of salary (including
withholding income taxes and social security), worker's compensation and disability benefits.
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XVIII. SEVERABILITY
Should any provision of this Agreement be declared contrary to law by a court, or if such a danger
arises, the provisions shall have the effect in the law only to the extent permitted by law, but all
other provisions shall continue in full force and effect.
XIX.
ARBITRATION
The Parties agree to submit any dispute arising hereunder to a single arbitrator, in Maricopa County,
who shall be chosen by mutual agreement; or, if agreement cannot be reached within thirty (30) days
after demand to choose an arbitrator, then 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. The decision of the arbitrator(s) shall be binding and non-appealable
and shall be enforceable as judgment in a court of competent jurisdiction.
XX.
APPROVAL
The Tenant certifies that the signatories to this Agreement have authority to bind the Tenant to the
terms of the Agreement as stated herein.
XXI.
ASSIGNMENT AND SUBLETTING
Tenant does not have the right to assign this Agreement or allow any other person or entity to occupy
any of the Premises without the prior written consent of Landlord, which consent may be granted or
withheld in Landlord's sole discretion.
XXII.
AUTHORITY
This Agreement has been approved by the Governing Board of the District at a duly authorized
public meeting. The individual signing below on behalf of Landlord hereby represents and warrants
that he/she is duly authorized to execute and deliver this Agreement on behalf of Landlord and
that this Agreement is binding upon Landlord in accordance with its terms.
XXIII. CONFLICT OF INTEREST
This Agreement is subject to the provisions of A.R.S. §38-511, the provisions of which are
incorporated herein by this reference.
XXIV. APPLICABLE LAW
This Agreement and all obligations upon the Landlord or the Tenant arising therefrom shall be subject
to any limitations of budget law or other applicable local law or regulation. The Parties hereto shall
comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards
and executive orders. The terms of this Agreement shall be construed in accordance with the laws of
the State of Arizona and any action thereon shall be brought in the appropriate court located in
Maricopa County, Arizona.
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XXV. ENTIRE AGREEMENT
This Agreement and all Exhibits attached hereto set forth all of the covenants, promises,
agreements, conditions and understandings between the Parties hereto, and there are no
covenants, promises, agreements, conditions or understandings, either oral or written, between
the Parties other than as set forth herein, and those agreements which 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 all of the Parties hereto. Each party has reviewed this Agreement
and has had the opportunity to have it reviewed by legal counsel.
XXVI. NOTICES
All notices provided for herein shall be in writing and sent by certified mail, return receipt requested
or personal delivery to the parties at the following addresses:
Landlord:
Roosevelt Elementary School District No. 66
Attn: Karla Soto, Chief Financial Officer
6000 South 7th Street
Phoenix, AZ 85042
Tenant:
Maricopa County Real Estate Dept.
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
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IN WITNESS WHEREOF, the Parties enter into this Agreement:
Landlord:
Roosevelt Elementary School District No. 66
____________________________________
Karla Soto
Date
Chief Financial Officer
Attorney for the Landlord:
____________________________________
Carrie L. O’Brian, Esq.
Date
Tenant:
Maricopa County
a political subdivision of the State of Arizona
____________________________________
Clint Hickman
Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board
Date
APPROVED as to FORM:
________________________________________
Deputy County Attorney
Date
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Exhibit A
School Site and Premises
Room 105, (“Premises”) at the (“School Site”) located at:
4615 South 22nd Street Phoenix, AZ 85040