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Municipal Property Corporation - Golf Course

Regular Meeting

Douglas, AZ · March 17, 2020

AgendaMinutes

Minutes

MINUTES Board of Directors Meeting Douglas Public Facility Municipal Property Corporation Tuesday, March 17, 2020, at 5:30 p.m. at Douglas Golf Course 1372 Fairway Drive Douglas, AZ 85607 1. Call to Order Meeting was called to order by Mr. Selchow at 5:34 pm 2. Roll Call Board Members present were: Bosco Selchow, Ruben and Manny Robles, Francisco “Tachi” Durazo, Kevin Alvarado, Nick Forsythe and David Arzate. City Official(s) present was Luis Pedroza, City of Douglas Management Services Director/City Treasurer, along with Ken Nelson as a guest. 3. Persons wishing to address the committee in writing or verbally on any item not on the agenda. (NONE) 4. Report on Balance Sheet and/or Bank Balance(s) update/report on current months for the Douglas Public Facility Municipal Property Corporation, as well as discussion/presentation on the MPC Golf subsidy. The Board chair noted that budget presented was a bit inaccurate on the food number, and that on the budget submitted all passes were combined under greens fees. Mr. Pedroza noted that otherwise the figures are representative of the overall actuals and the comparisons are mostly representative. Mr. Pedroza went on to say that revenue collections are at about 50% as to this budget, with greens fees down but beverage sales are up (along with the attendant purchases that are also up) as compared to budgeted amounts. Actuals thru December are correct and variances compared to budget need to be confirmed per the submitted budget per Tachi Durazo as to what has been done against the subsidy. On the expense side it was reported to be at 55%, slightly over by 5% due to unexpected/emergency pump motor repair expenses, plus 2 air conditioners that had to be installed (these are rolled into 1 overall golf/clubhouse maintenance line item). Utility expenses were briefly discussed as also holding to a reasonable level. We are over by $26K currently in the budget, and are still awaiting numbers from Larry Moss. Current 1 bank balance is $24,457 (RV Park revenues really helping out at this time) with anticipated payroll expenses, along with chemicals (undisclosed amount) and back-taxes that have been paid around $5K. 5. Information/Discussion, Reporting and possible Decision or Direction pertaining to aspects presented in the periodic standing report from staff regarding maintenance of the golf course MPC facility, equipment and water delivery system. Bosco Selchow announced/reported project to use putting green to be used to patch 9 and 12 greens, and maybe move putting green. Mr. Arzate reported green problems will be ongoing, and may be a violation of having a sod farm per Mr. Forrest. Tachi Durazo proposed maybe looking into buying sod to put down before the Labor Day tournament and Ruben Robles and Tachi Durazo brought up time line as to where green conditions need to be and as to the aeration that is currently behind this schedule noted Bosco Selchow. Prioritization list has not been formalized per Bosco Selchow, but then Mr. Durazo suggested that Robert Forrest should be the one to formalize the golf course priority list (issues and actions) and asked about fairway herbicide applications and efficacy as to any such application. Greens should be number 1, and decaying on tee boxes with rodent infestation on numbers 2, 3, 4 5 and 8 and 15 noted Ruben Robles. Accountability was raised by Mr. Arzate and Tachi Durazo along with working capital usages. A motion was made by Manny Robles and seconded by Tachi Durazo for Robert Forrest to prepare a list of priority list and action plan for course and the item was approved unanimously. Bathroom repairs were briefly identified and discussed. Paper supply inventories and the ordering of same were discussed along with comments by City staff that there is a back- order issue on paper supplies. Electric control panels testing as coordinated by David Arzate were also briefly raised, and are to be reported on in the near future. 6. Information/Discussion and possible Decision or Direction regarding MPC Administrative Action Plan to improve the course and overall condition of the facilities. (PREVIOUSLY DISCUSSED AS PART OF AGENDA ITEM # FIVE) 7. Discussion/Decision regarding approval of facility’s rental property lease terms and rate. A tenant has moved in and positive rental payment reports were received for this item along with the news that a lease agreement is to be signed as provided by the city’s legal department; as reported by the Board chair. 8. Information/Discussion and possible Decision or Direction regarding fees of RV Park and report from City staff on status of talks with City regarding possible access to private RV, as well as any report form City Staff. The new rates need to be upgraded/uploaded on our website per David Arzate and then Board heard from Luis Pedrosa about Jim Schumacher access requests from the City, and how these included 3 options presented by Mr. Schumacher. City rejected all 3 options and is pragmatically considering access through Golf Course Road on the west side of the 2 Foreman property but nothing has been formalized in terms of moving that request forward by the City. Then several board members explained that there is insufficient room there to put in or create an ingress/egress type ROW due to the 4 green and it would parallel the 5 hole to the north causing potential loss of golf play area. Manny Robles suggested an easement could be sought by Jim Schumacher from the Curfman brothers that hold real estate nearby. Liability still remains as an issue that needs to be resolved prior to any access being granted was mentioned by several members. 9. Information/Update with a possible Discussion/Decision on current events, updates or concerns at the golf course since the January, 2020 meeting. Chair noted that despite the current pandemic situation there has been no closure directive from the City. Bosco Selchow commented that future functions will have to be limited in size and under 10 people (including employees) and the food service will likely be reduced to strictly take-out service, and social distancing protocol was discussed but it will be left up to the Board for now, with likely cancellations of large gatherings occurring for the clubhouse and operations will be on a semi-hold for the unforeseeable future. Safety/sanitation measures were also discussed for the golf facility and seem to be already implemented to some degree at the facility. Light the D tournament was cancelled and the walk-in cooler is still out of order, and requested from City staff to remove the cooler from the women’s bath room. 10. Discussion and direction/consensus for items to be discussed at future meetings. Items to be presented at next meeting to include standing financial and facility reports and priority documents from Mr. Forrest (as acted upon by Board per agenda item # 5) and blending items 4 & 5 into one item. 11. Adjournment A motion was made by Ruben Robles and seconded by Tachi Durazo to adjourn the meeting at 6:19 pm, and the motion was approved unanimously. Prepared by Juan Pablo Flores, Douglas City Attorney 3

Agenda

PUBLIC NOTICE BOARD OF DIRECTORS MEETING FOR THE DOUGLAS PUBLIC FACILITY MUNICIPAL PROPERTY CORPORATION will meet Tuesday, March 17, 2020, at 5:30 p.m. at Douglas Golf Course 1372 E. Fairway Drive Douglas, AZ PURSUANT TO THE AMERICANS WITH DISABILITIES ACT (ADA), THE CITY OF DOUGLAS DOES NOT, BY REASON OF A DISABILITY, EXCLUDE FROM PARTICIPATION IN OR DENY BENEFITS OF SERVICES, PROGRAMS OR ACTIVITIES OR DISCRIMINATE AGAINST ANY QUALIFIED PERSON WITH A DISABILITY. INQUIRIES REGARDING COMPLIANCE WITH ADA PROVISIONS, ACCESSIBILITY OR ACCOMMODATION CAN BE DIRECTED TO RENE MOLINA WITHIN 72 HOURS AT 520.417.7312, FAX 520.417.7143, 425 10TH STREET, DOUGLAS, ARIZONA 85607. 1 AGENDA Board of Directors Meeting Douglas Public Facility Municipal Property Corporation Tuesday, March 17, 2020, at 5:30 p.m. at Douglas Golf Course 1372 Fairway Drive Douglas, AZ 85607 1. Call to Order 2. Roll Call 3. Persons wishing to address the committee in writing or verbally on any item not on the agenda. 4. Report on Balance Sheet and/or Bank Balance(s) update/report on current months for the Douglas Public Facility Municipal Property Corporation, as well as discussion/presentation on the MPC Golf subsidy. 5. Information/Discussion, Reporting and possible Decision or Direction pertaining to aspects presented in the periodic standing report from staff regarding maintenance of the golf course MPC facility, equipment and water delivery system. 6. Information/Discussion and possible Decision or Direction regarding MPC Administrative Action Plan to improve the course and overall condition of the facilities. 7. Discussion/Decision regarding approval of facility’s rental property lease terms and rate. 8. Information/Discussion and possible Decision or Direction regarding fees of RV Park and report from City staff on status of talks with City regarding possible access to private RV, as well as any report form City Staff. 9. Information/Update with a possible Discussion/Decision on current events, updates or concerns at the golf course since the January, 2020 meeting. 10. Discussion and direction/consensus for items to be discussed at future meetings. 11. Adjournment Posted March 13, 2020, at 10:30 a.m. by: Alma Andrade, Acting City Clerk 2 Public Facility Municipal Property Corporation DIFFERNCE BUDGET EXPENSES @ 11/30/19 BUDGET 42% 2019/2020 MPC CITY COMBINED VS ACTUAL % YTD Annualized @ 11/30 Budget INCOME GREEN FEES $ 50,300 9,952 $ 9,951.90 (11,006.43) TRAIL FEES $ - $ - 0.00 TOURNAMENT FEES $ 6,000 2,845 $ 2,845.00 345.00 QUARTER PASS - INDIVIDUAL $ - 2,780 $ 2,779.66 2,779.66 QUARTER PASS - FAMILY $ - 0.00 QUARTER PASS - STUDENT $ - 0.00 PUNCH PASS $ - 2,755 $ 2,754.75 2,754.75 LOCKER RENTALS $ 150 100 $ 100.00 37.50 PUBLIC CART RENTALS $ 4,700 2,574 $ 2,573.80 615.47 PRIVATE CART STORAGE $ 4,000 1,338 $ 1,337.55 (329.12) RANGE BALL RENTALS $ 3,100 795 $ 794.76 (496.91) GOLF CLINICS $ - $ - 0.00 PRO SHOP SALES $ 4,500 296 $ 296.22 (1,578.78) PRO SHOP FOOD & DRINK $ - $ - 0.00 RV PARK SPACE RENTALS $ 35,000 9,600 $ 9,600.00 (4,983.33) COUNTRY CLUB EVENTS $ 8,200 1,242 $ 1,242.00 (2,174.67) BEVERAGE SALES $ 70,000 42,558 $ 42,558.32 13,391.65 FOOD SALES $ 10,000 338 $ 337.72 (3,828.95) TIPS CREDIT CARD CONCESSIONAIRE RENT $ - CITY OF DOUGLAS CASH $ - $ - 0.00 MISCELLANEOUS $ - FOOT GOLF $ - EFFECTIVE INCOME $ 195,950 77,171.68 - $ 77,171.68 (4,474.15) 39% OTHER INCOME OTHER INCOME CITY SUBSIDY $ 170,000 2,540.21 91,658.15 $ 94,198.36 23,365.03 TOTAL OTHER INCOME $ 170,000 2,540.21 91,658.15 $ 94,198.36 23,365.03 EFFECTIVE GROSS INCOME $ 365,950 79,711.89 91,658.15 $ 171,370.04 18,890.87 OPERATING EXPENSES PAYROLL EXPENSES GOLF PERSONNEL $ 140,000 50,021.04 $ 50,021.04 8,312.29 BENEFITS $ 7,000 4,349.97 $ 4,349.97 (1,433.30) CONTRACTED LABOR 559.96 $ 559.96 (559.96) PART TIME GOLF PERSONNEL $ - $ - 0.00 PRO SHOP PERSONNEL $ - $ - 0.00 KITCHEN PERSONNEL $ - $ - 0.00 BAR PERSONNEL $ - $ - 0.00 PART TIME $ - $ - 0.00 TOTAL PAYROLL EXPENSES $ 147,000 54,930.97 - $ 54,930.97 6,319.03 GENERAL & ADMIN EXPENSES LICENSES $ 10 - $ - 4.17 ADVERTISING $ 600 37.03 $ 37.03 212.97 DOC LABOR $ 5,500 1,160.00 $ 1,160.00 1,131.67 DUES/SUBSCRIP/BUS LICENSE FEES $ 830 - $ - 345.83 TRAINING/ EDUCATION $ - 345.39 152.00 $ 497.39 (497.39) MANAGEMENT FEES $ - $ - 0.00 BOOKKEEPING FEES $ 1,800 750.00 $ 750.00 0.00 PAYROLL SERVICES $ - $ - 0.00 OFFICE EQUIPMENT REPAIR $ - $ - 0.00 OFFICE SUPPLIES $ 200 $ - 83.33 POSTAGE/COPIES/FAX EXPENSES $ 50 11.00 $ 11.00 9.83 UNIFORMS $ - $ - 0.00 PRINTING $ - $ - 0.00 PROFESSIONAL SERVICES $ 750 200.00 $ 200.00 112.50 RV TENANT ACTIVITIES $ - $ - 0.00 TELEPHONE/INTERNET $ 50 55.63 2.57 $ 58.20 (37.37) CREDIT CARD/BANK FEES $ 4,300 2,091.40 $ 2,091.40 (299.73) CITY OF DOUGLAS LOAN $ - 1,500.00 $ 1,500.00 (1,500.00) TOTAL GEN & ADMIN EXPENSES $ 14,090 3,490.45 2,814.57 $ 6,305.02 (434.19) MAINTENANCE EXPENSES FIRE EXT INSPECTION $ 500 $ - 208.33 CHEMICAL TOILET SERVICE $ 882 294.00 $ 294.00 73.50 AUTO/EQUIPMENT $ 300 748.02 $ 748.02 (623.02) ELECTRIC MAINT/REPAIRS $ 500 $ - 208.33 GROUNDS MAINT & SUPPLIES $ 22,410 16,438.99 $ 16,438.99 (7,101.49) SMALL TOOLS $ - $ - 0.00 BUILDING MAINTENANCE $ 2,000 897.00 9,103.82 $ 10,000.82 (9,167.49) PEST CONTROL $ 1,000 400.00 $ 400.00 16.67 SIGNAGE $ - $ - 0.00 LINEN SERVICE $ 2,100 626.65 $ 626.65 248.35 GAS/OIL/LUBE $ 13,500 183.08 4,973.27 $ 5,156.35 468.65 CHEMICALS $ 1,500 $ - 625.00 CITY OF DOUGLAS LOAN $ 3,600 $ - 1,500.00 MISCELLANOUS $ - 1,090.55 242.87 $ 1,333.42 (1,333.42) TOTAL MAINTENANCE EXPENSE $ 48,292 19,236.27 15,761.98 $ 34,998.25 (14,876.58) INVENTORY PRO SHOP ITEMS $ 3,000 1,357.29 $ 1,357.29 (107.29) FOOD $ 2,500 696.91 $ 696.91 344.76 BEVERAGES $ 21,736 18,968.99 $ 18,968.99 (9,912.32) 0.00 TOTAL RESTAURANT& BAR EXPENSE $ 27,236 2,054.20 18,968.99 $ 21,023.19 (9,674.86) 0.00 WORKERS COMP $ 1,215 1,101.00 $ 1,101.00 (594.75) HAZARD INSURANCE $ 19,141 14,064.20 $ 14,064.20 (6,088.78) INSURANCE CLAIMS/DEDUCTIBLE $ - $ - 0.00 TOTAL INSURANCE $ 20,356 - 15,165.20 $ 15,165.20 (6,683.53) UTILITIES DIRECT TV $ 2,400 892.40 $ 892.40 107.60 ELECTRIC CC $ 13,500 6,579.36 $ 6,579.36 (954.36) ELECTRIC GOLF $ 30,000 8,602.51 $ 8,602.51 3,897.49 WATER/SEWER/TRASH $ 20,186 9,025.77 $ 9,025.77 (614.94) NATURAL GAS $ 2,700 544.95 $ 544.95 580.05 RV UTILITIES $ 20,500 3,780.02 $ 3,780.02 4,761.65 CELL PHONE $ - - $ - 0.00 TOTAL UTILITIES $ 89,286 - 29,425.01 $ 29,425.01 7,777.49 TOTAL OPERATING EXPENSES $ 346,260.00 79,711.89 82,135.75 $ 161,847.64 (17,572.64) DEBT SERVICE LEASE PURCHASE - CARTS $ 19,690 9,522.40 $ 9,522.40 (1,318.23) LEASE PURCHASE - MOWERS $ - $ - 0.00 TOTAL DEBT SERVICE $ 19,690 - 9,522.40 $ 9,522.40 (1,318.23) GRAND TOTAL EXPENSES $ 365,950 79,711.89 91,658.15 $ 171,370.04 (18,890.87) 47% NET CASH $ - - - - BUDGETED SUBSIDY $ 170,000.00 TOTAL SUBSIDY AS OF 11/30/19 94,198.36 LESS ANNUALIZED COSTS (7,397.70) REVISED SUBSIDY AT 11/30/19 86,800.66 BUDGETED SUBSIDY AT 11/30/19 $ 70,833.33 DIFF - SUBSIDY ACTUAL VS BUDGETED $ (15,967.33) Through November 30, 2019 we are over the budgeted subsidy by $15,967.33 RESIDENTIAL LEASE AGREEMENT Tenant Name: Landlord Name: DOUGLAS PUBLIC FACILITY MUNICIPAL PROPERTY CORPORATION Lease Term (Year or Months): Lease Start Date: Property Address: 1. IDENTIFICATION OF LANDLORD AND TENANT. This Agreement is entered into between DOUGLAS PUBLIC FACILITY MUNICIPAL PROPERTY CORPORATION, hereinafter referred to as “Landlord”, and ______________________________________________________, hereinafter to as “Tenant,” this ______________________________________________________ day of ______________________________________________________. Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 2. PREMISES. Subject to the terms and conditions in this Agreement, Landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord, in its present condition, and for residential purposes only, the premises located at the Golf Course at 1372 E. Fairway Drive, Douglas, Arizona 85607 (“the premises”). 3. TERM OF THE TENANCY. The term of the rental will begin on ______________________________________________________ and end on ______________________________________________________. 4. PAYMENT OF RENT. Tenant agrees to pay rent in the amount of ______________________________________________________ per month, each payment due on the ______________________________________________________ day of each month, and is delinquent on the next day. The rent will be paid to ______________________________________________________ at: premises ______________________________________________________, Douglas, AZ, or to be deposit on Bank of _________________________________________________”, account#00000000, or at any other location specified by Landlord in writing to Tenant. 5. RENT PRORATION. If the term commences on a day other than the first day of a calendar month, Tenant will pay to Landlord a prorated monthly rent of ______________________________________________________ for such month. This amount will be paid on or before the date Tenant moves in. 6. LATE CHARGE. In the event that any rental payment, or portion thereof, required to be paid by Tenant is not made within ______________________________________________________ days of when due, Tenant will pay to Landlord, in addition to such rental payment, a “late fee” of ______________________________________________________ plus ______________________________________________________ per day thereafter. Landlord does not waive the right to insist on payment of the rent in full on the date it is due. 7. RETURNED CHECK AND OTHER BANK CHARGES. If any check given by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for insufficient funds, a “stop payment” or any other reason, Tenant will pay Landlord a returned check charge of ______________________________________________________. 8. SECURITY DEPOSIT. On signing this Agreement, Tenant will pay to Landlord the sum of ______________________________________________________ as a security deposit. This security deposit will be held as security for the repair of any damages to the residence by Tenant. This deposit will be returned to Tenant within 30 after Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, minus any amounts needed to repair the residence. Landlord will give Tenant an itemized written statement of the reasons for any of the security deposit retained by Landlord. Other details on the security deposit furthermore tenant will pay to landlord a $100 nonrefundable deposit to be used as a cleaning deposit. 9. UTILITIES. Tenant will pay all utility charges, except for the following, which will be paid by Landlord: N/A. Tenant shall hold Landlord harmless from all cost or expenses resulting from Tenant’s failure to pay any utility bills. 10. OCCUPANTS. Regular occupants of the premises will be restricted to those parties who have signed this Agreement and the following named individuals ______________________________________________________. The stay of any other person will not exceed ZERO DAYS without written authorization of Landlord or Landlord’s agent. Tenant will pay additional rent for the period of stay of any authorized occupant at the rate of NOT ALLOWED per month and acceptance of such payment by Landlord will not waive any requirement of this Agreement. 11. ASSIGNMENT AND SUBLETTING. Tenant will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord. The consent by Landlord to one such subletting will not be deemed to be consent to any subsequent subletting. 12. CONDITION OF PREMISES. Tenants has examined the premises, including appliances, fixtures, carpets, blinds and paint, and has found them to be in good, safe and clean condition and repair, except as noted in the Landlord-Tenant checklist. 13. TENANT’S MAINTENANCE RESPONSIBILITIES. Tenant agrees to maintain the residence in a clean and sanitary manner and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for normal wear and tear and any additions or alterations authorized by Landlord. Tenant also agrees to immediately notify Landlord or any defects or dangerous conditions in and about the premises of which Tenant becomes aware, and to reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant’s guests or invitees through misuse, accident or neglect. TENANT AGREES TO MAINTAIN THE BACK YARD, MAINTAINING & KEEP ALL PLANTS WATERED AS NEEDED. TENANT ACKNOWLEDGES THAT IT IS THEIR RESPONSIBILITY TO TRIM AND MAINTAIN THE BACK LAWN. TENANT WILL NOT ATTEMPT TO REPAIR ANYTHING AS IT WILL BE THE RESPONSIBILITY OF THE LANDLORD TO DO REPAIRS. TENANT WILL NOTIFY LANDLORD IMMEDIATELY OF NOTICE OF ANY REPAIRS THAT NEED TO BE DONE. FAILURE TO DO SO MAY CAUSE TENANT TO BE RESPONSIBLE FOR SUCH DAMAGES THAT MAY BE CAUSED FROM SUCH REPAIRS. TENANT AGREES TO CHANGE AIR CONDITIONING FILTER ONCE A MONTH. TENANT HAS RECEIVED A COPY OF THIS LEASE AND AGREES TO OBIDE BY SUCH RULES AND UNDERSTANDS TO MAKE THESE RULES AND REGULATIONS A PART OF THIS LEASE. FAILURE TO COMPLY WITH THESE RULES AND REGULATIONS CAN BE GROUNDS OF THIS LEASE TERMINATION. 14. REPAIRS AND ALTERATIONS BY TENANT. A) Except as provided by law, or as authorized by the prior written consent of Landlord, Tenant will not make any repairs or alterations in or about the premises, including, but not limited to, painting, wallpapering, installing antenna or satellite dishes, placing signs, displays or other exhibits, or using screws, fastening devices, large nails or adhesive materials. B) Tenant will not, without Landlord’s prior written consent, alter, re-key or install any locks to the premises or install or alter any burglar alarm system. Tenant will provide Landlord with a key or keys capable of unlocking all such re-keyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system. 15. SMOKE DETECTOR. The premises are equipped with 4 smoke detector(s). Tenant acknowledges that the smoke detector(s) have been tested and their operation explained by Landlord to Tenant, and that the smoke detector(s) are working properly; Tenant agrees to inspect and test the smoke detector(s) monthly or as needed; to replace the batteries as needed; to notify Landlord promptly in writing of any smoke detector defects or malfunctions; and to not remove, dismantle or otherwise render the smoke detector(s) inoperable. 16. PETS. Tenant will keep no domestic or other animals on the premises, even temporarily, except properly trained dogs needed by blind, deaf or disabled persons and only under the following conditions: BY PAYING A $1,000 SECURITY DEPOSIT. 17. LIQUID FURNITURE. No liquid furniture of any kind, including, but not limited to waterbeds, is allowed on the premises without the prior written consent of Landlord. 18. HAZARDOURS MATERIALS. Tenant will not keep on the premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 19. LANDLORD’S RIGHT TO ACCESS. Landlord has the right to emergency access to the leased premises at any time and access during reasonable hours to inspect the property, to make repairs or improvements or to show property to a prospective Tenant or buyer. Except in cases of emergency, Tenant’s abandonment of the premises, court order, or where it is impractical to do so, Landlord will give Tenant 24 HOURS notice before entering. 20. ABANDONMENT. If at any time during the term of this Agreement, Tenant abandons the premises or any part thereof, Landlord will have the following rights: Landlord may, at Landlord’s option, enter the premises by any means without liability to Tenant for damages and may re-let the premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-letting. Also, at Landlord’s option, Landlord ma hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of re-letting the premises. Landlord may also dispose of any of Tenant’s abandoned personal property as Landlord deems appropriate, without liability to Tenant. Landlord is entitled to presume that Tenant has abandoned the premises if Tenant removes substantially all of Tenant’s furnishings from the premises, if the premises are unoccupied without notice to Landlord for a period of time which could be construed as abandonment under state or local law or ordinance, or if it would otherwise be reasonable for Landlord to presume under the circumstances that Tenant has abandoned the premises. 21. EXTENDED ABSENCES BY TENANT. Tenant agrees to notify Landlord in advance if Tenant will be away from the premises for more than 7 consecutive days. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for damages and needed repairs. 22. POSSESSION OF THE PREMISES. A) if, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement. B) If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord’s control, including but not limited to partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as require by law. In such event, Landlord’s liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord. 23. RULES AND REGULATIONS. Tenant agrees to comply with all rules and regulations of Landlord which are at any time posted on the premises and/or delivered to Tenant. Tenant will not, and will ensure that Tenant’s guests and invitees will not: disturb, annoy, endanger, or interfere with other tenants of the building or neighbors; use the premises for any unlawful purposes, including, but not limited to using, manufacturing, selling, storing or transporting illicit drugs or other contraband; violate any law or ordinance; commit waste (severe property damage); or be a nuisance on or about the premises. 24. DISCLOSURES. Tenant acknowledges that Landlord has made the following disclosures regarding the premises. 25. INSURANCE. Tenant acknowledges that Landlord will not provide insurance coverage for Tenant’s property, nor will Landlord be responsible for any loss of Tenant’s property, whether by theft, fire, riots, acts of God, or otherwise. Tenant is advised to purchase Tenant’s own insurance (Renter’s Insurance) to cover any such losses. 26. GROUNDS FOR TERMINATION OF TENANCY. The failure of Tenant or Tenant’s guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant’s Rental Application, are grounds for termination of the tenancy, with the appropriate notice to Tenant and procedures as required by law. 27. AUTHORITY TO RECEIVE LEGAL PAPERS. Landlord, any person managing the premises, and anyone designated by Landlord are authorized to accept service of process and receive other notices and demands, which may be delivered to: [ ] Landlord, at the following address: __________________________________________ [ ] the manager, at the following address: __________________________________________ [ ] the following person, at the following address: __________________________________________ 28. PAYMENT OF COURT COSTS AND ATTORNEY FEES IN A LAWSUIT. In any action or legal proceeding to enforce any part of this Agreement, each party shall be responsible for their own attorney fees and courts costs. 29. VALIDITY OF EACH PART. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 30. GOVERNING LAW. It is agreed that this Agreement will be governed by, construed and enforced in accordance with the laws of the State of Arizona. 31. ENTIRE AGREEMENT. This document and any attachments constitute the entire Agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement is hereby superseded. Any modification to this Agreement must be in writing signed by Landlord and Tenant. _______________________________ ___________________ Landlord/XXXXXXX Date _______________________________ ___________________ Tenant/XXXXXXXX Date

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