HomeMy WebLinkAboutRES 11-41RESOLUTION NO. 11-41
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
LEASE AGREEMENT WITH THE WATER UTILITIES COMMUNITY
FACILITIES DISTRICT.
WHEREAS,the City of Apache Junction ("City")and Water
Utilities Community Facilities District ("WUCFD")desire to
enter into an Intergovernmental Lease Agreement ("ILA") for the
lease of a portion of City's Development Services Department;
and
WHEREAS, the parties have crafted a written lease agreement
reflected in Attachment A which sets forth the conditions for
such arrangement; and
WHEREAS,pursuant to A.R.S.§ 11-952(A),public entities
may enter into intergovernmental agreements for joint or
cooperative action, which includes leases.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
1. The Mayor and City Council approve the ILA between City
and WUCFD for office space in the Development Services
Department located at 300 E Superstition Blvd, Building
D, Apache Junction, AZ, 85119.
2. The Mayor is hereby authorized to sign the agreement on
behalf of the City.
3. Staff shall record such document in the Final County
Recorder's office within ten (10)days after full
execution by both entities.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF SEPTEMBER .,2011.
SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER 2011.
RESOLUTION NO. 11-41
PAGE 1 OF 2
HN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLYKATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-41
PAGE 2 OF 2
LANDLORD:
TENANT:
PREMISES:
COMMENCEMENT
DATE:
TERMINATION
DATE:
RENT:
BASIC LEASE INFORMATION
City of Apache Junction, an Arizona municipal corporation
300 E. Superstition Blvd.
Apache Junction, AZ 85119
Attention:George Hoffman, City Manager
Water Utilities Community Facilities District of Apache
Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
Attention:Frank Blanco, District Director
Those Premises shown by red outlining on that Apache
Junction City Hall Development Services floor plan attached
hereto as Exhibit "A".
That office located at the Apache Junction City Hall Complex,
300 East Superstition Boulevard, Apache Junction, Arizona
85 119, ("City Hall") together with all parking areas, sidewalks,
driveways, landscaping and other common areas designated by
Landlord from time to time.
July 8, 2011
June 30,2012 but continually renewed automatically for
another twelve months unless one party gives the other six
months notice.
The amount of the Municipality Fee assessed by the Arizona
Department of Water Resources on the City of Apache Junction
each year under the authority of A.R.S.§45-118 plus any
applicable transaction privilege taxes.
The foregoing Basic Lease Information is part of the Lease.Each reference in the Lease
to any of the Basic Lease Information shall mean the respective information set forth
above.
OFFICE LEASE
1.PREMISES.On the terms and conditions contained herein, Landlord hereby
leases to Tenant and Tenant hereby leases from Landlord the Premises as demonstrated in
Exhibit "A"at the City Hall.
2.TERM.
2.1.Term.Except as provided herein, the term of this Lease shall be for the period
set forth in the Basic Lease Information.If this Lease continues beyond the
5484.1339283.6
original twelve month period, the use of the word "Term" refers to the subsequent
Terms as well as the original twelve month Term.
2.2.Term Commencement Date.The term hereof and all obligations, covenants and
conditions of this Lease shall commence at 12:01 a.m. on the Commencement
Date and shall end at 12:01 a.m. on the day following the Termination Date set
forth in the Basic Lease Information.
3.RENTAL.
3.1.Base Rental.For each year of the term hereof, Tenant shall pay to Landlord as
rental hereunder that sum identified as the yearly Base Rental in the Basic Lease
Information. Base Rental shall be paid in four (4) equal quarterly installments on
the last day of each calendar quarter of the term hereof.
3.2.Payment.Base Rental and all other sums payable pursuant hereto shall be paid,
without deduction, offset, prior notice or demand, to Landlord at the address set
forth in the Basic Lease Information, or at such other place or to such other person
as Landlord may from time to time designate by notice hereunder. All payments
shall be made in lawful money of the United States of America.
4.USE OF PREMISES.
4.1.Permitted Uses.Tenant shall not use or permit the use of the Premises for any
purpose except as an office without the prior written consent of Landlord.
4.2.Common Areas.Tenant shall be entitled to the nonexclusive use in common
with Landlord, other lessees and occupants of the City Hall, and other parties
authorized by Landlord, their respective employees, agents, contractors and
customers, of all common areas and facilities in City Hall as Landlord shall from
time to time designate for common use by the tenants in City Hall.
5.CONDITION OF PREMISES.Landlord agrees that it shall deliver the
Premises to Tenant on or before the Commencement Date in substantially the same
condition as of the date of this Lease.Tenant agrees that Landlord shall have no
obligation to perform any tenant improvement work with respect to the Premises.
6.SERVICES.Landlord agrees to furnish to the Premises, during normal business
hours of generally recognized business days (as determined by Landlord), water and
electricity suitable for the intended use of the Premises, and heat and air conditioning
required in Landlord's reasonable judgment for the comfortable use and occupation of the
Premises.Landlord shall provide janitorial and maintenance services as often as is
reasonably necessary in Landlord's sole and absolute judgment.
7.MAINTENANCE AND REPAIR.
7.1.Landlord's Obligations.Unless such maintenance or repairs are required
because of any negligent or intentional act or omission of Tenant, its agents,
employees, contractors, customers or invitees, Landlord shall clean, maintain and
5484.1.539283.6 2
repair, subject to reasonable wear and tear, the common areas of City Hall as
described in Section I; the roof, structural elements, plumbing and electrical
wiring and heating, ventilating and air conditioning facilities; the exterior of the
City Hall; and floor coverings (cleaning only), doors, ceilings, lighting and
window coverings of the Premises.
7.2.Tenant's Obligations.Unless such maintenance or repairs are required because
of any negligent or intentional act or omission of Landlord, its agents, employees,
contractors or invitees, or are specifically designated as the obligation of Landlord
hereunder, Tenant shall, at its expense, maintain the Premises in a safe and clean
condition and in good order and repair, reasonable wear and tear excluded,
including, without limitation, the interior of the Premises, all partitions and other
interior improvements; all walls, all floor coverings (excluding cleaning floor
coverings), all telephone and other communication systems, Tenant's signs located
in or on the Premises, all of Tenant's equipment, fixtures and other items of
personal property.
8.LANDLORD'S ENTRY.In addition to any other right of entry provided for in
this Lease, Landlord, its employees, agents and contractors, shall be entitled to enter the
Premises at any time for the purposes of conducting any inspections thereof, posting non-
responsibility notices, making repairs, additions, or alterations thereto or to the City Hall,
showing the Premises to any prospective lessee or insurer, and taking necessary action in
the event of an emergency. In connection with such entry, Landlord shall be entitled to
erect such scaffolding and other necessary structures or equipment as reasonably required
by the character of the work to be performed provided that Landlord shall not
unreasonably interfere with the conduct of Tenant's business. No entry by Landlord
hereunder shall entitle Tenant to terminate this Lease or to a reduction or abatement of
rental or other amounts owed by Tenant hereunder or to any claims for damages.
Landlord shall have the right to retain at all times keys to all doors within and into the
Premises. No lock shall be changed without the prior written consent of Landlord.
Landlord shall be entitled to use in good faith any means to gain entry to the Premises in
the event of an emergency or perceived emergency and shall not be liable for any
damages resulting therefrom.
9.(MET ENJOYMENT.If Tenant pays the rental and other sums payable
hereunder and performs all of the other provisions hereof, Landlord shall take no action to
disturb Tenant's peaceable and quiet possession of the Premises during the term hereof.
This covenant is a covenant as to title and shall not extend to, and Landlord shall not be
liable for, any disturbance, act, condition or damage caused by any other tenant in City
Hall or anyone not otherwise claiming by or through Landlord, nor to any disturbance, act
or condition permitted to be taken by or on behalf of Landlord under this Lease.
10.SURRENDER.Upon the expiration or termination of this Lease for any reason
Tenant shall surrender the Premises to Landlord in a reasonable time period, in a safe and
clean condition, and in good order and repair, reasonable wear and tear excepted.
5484.1.539283.6 3
11.FORCE MAJEURE.If one of the parties is delayed or prevented from the
performance of any act required hereunder by reason of acts of God, strikes, lockouts,
labor troubles, civil disorder, inability to procure materials, restrictive governmental laws
or regulations or other cause without fault and beyond the reasonable control of such
party (financial inability excepted), performance of such act shall be excused for the
period of delay.
12.NOTICES.No notice, consent, approval or other communication given in
connection herewith shall be validly given, made, delivered or served unless in writing
and sent by United States mail, postage prepaid, to Landlord or Tenant, as the case may
be, at the addresses set forth in the Basic Lease Information, or to such other addresses as
either party hereto may from time to time designate in writing and deliver in accordance
herewith to the other party.Notices, consents, approval or communications shall be
deemed given or received twenty-four (24) hours after deposit in the mail as hereinabove
provided.Copies of such notices, consents, approvals or communications shall be sent to
the respective attorneys for the parties.
13.DEFAULTS; REMEDIES.In the event of any such default or breach by Tenant,
Landlord shall be entitled to exercise all rights available at law or equity.
14.NO WAIVERS.No delay or omission of either party to exercise any right or
power arising from any default shall impair any such right or power, or shall be construed
to be a waiver of any such default or acquiescence therein. No waiver of a default shall
be effective unless it is in writing.No written waiver by either party of any provision of
this Lease or any breach by the other party hereunder shall be deemed to be a waiver of
any other provision hereof, or of any subsequent breach by the other party of the same or
any other provision.
15.GENERAL.
15.1.Time of the Essence.Time is of the essence of this Lease.
15.2.No Partnership; No Third Party Rights.Nothing contained in this
Lease shall create any partnership, joint venture or other arrangement between Landlord
and Tenant. Except as expressly provided herein, no term or provision of this Lease is
intended to or shall be for the benefit of any person not a party hereto, and no such other
person shall have any right or cause or action hereunder.
15.3.Entire Agreement.This Lease constitutes the entire agreement between
the parties hereto pertaining to the subject matter hereof and shall not be changed or
added to except in writing signed by all parties hereto.All other prior and
contemporaneous agreements, representations, statements and understandings of the
parties, oral or written, that modify, amend, or vary or purport to modify, amend or vary
any of the terms of this Lease are hereby superseded and merged herein.
15.4.Continuing Cooperation.Each of the Parties hereto shall promptly
and expeditiously execute and deliver all such documents and perform all such acts as
5484.1.539283.6 4
reasonably necessary, from time to time, to carry out the matters contemplated by this
Lease.
15.5.Arizona Law.This Lease shall be governed by the laws of Arizona.
15.6.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.
15.7.Conflict of Interest.This Lease is subject to the cancellation provision
for conflicts of interest pursuant to A.R.S. §38-511.
15.8.Interpretation.
15.8.1. The descriptive headings of the Sections of this Lease are inserted for
convenience only and shall not control or affect the meaning or construction of
any of the provisions hereof
15.8.2. All exhibits attached hereto shall be deemed a part of this Lease.
15.8.3. Masculine or feminine pronouns shall be substituted for the neuter form
and vice versa, and the plural shall be substituted for the singular form and vice
versa, in any place or places herein which the context requires such substitution or
substitutions.
15.8.4. When used herein, the terms "include" or "including" shall mean without
limitation by reason of the enumeration.
15.8.5. The term "person" shall include an individual, corporation, partnership,
trust, estate, or any other duly formed entity.
15.8.6. If the last day of any time period stated herein should fall on a Saturday,
Sunday, or legal holiday as declared by the State of Arizona, then the duration of
such time period shall be extended so that it shall end on the next succeeding day
which is not a Saturday, Sunday, or legal holiday in the State of Arizona.
15.8.7.If a cross-reference within any Lease provision cites a particular Section
or Subsection number of this Lease, it shall be a reference to the referred Section
or Subsection and its subparts.
15.9.Impartial Interpretation.This Lease is the result of negotiations
between Landlord and Tenant and therefore the language contained in this Lease shall be
construed as a whole according to its fair meaning and not strictly for or against either
Landlord or Tenant.
15.10.Not Personal Obligations.The obligations of Landlord or Tenant under
this Lease do not constitute personal obligations of the individual council members,
5484.1.539283.6 5
officers, directors, or similar positions of Landlord or Tenant, and neither party shall seek
recourse against such individuals or any of their personal assets for satisfaction of any
liability in respect to this Lease.
IN WITNESS WHEREOF,the parties hereto have executed this Lease
the day and year first hereinabove written.
"LANDLORD""TENANT"
CITY OF APACHE JUNCTION,an WATER UTITLITIES COMMUNITY
Arizona municipal corporation FACILITIES DISTRICT OF APACHE
JUNCTION,an Arizona municipal corporation
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Na :John S. Insalaco, Mayor Name ohn S. Insalaco, ChairmanNaVri:John S. Insalaco, Mayor
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
A 1TEST:
DISTRICT CLERK
APPROVED AS TO FORM:
CITY ATTORNEY 'DI dOUNSEI)
5484.1339283.6 6
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