Municipal Property Corporation - Golf Course
Regular MeetingDouglas, AZ · March 17, 2020
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
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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
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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
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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
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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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