COUNTY_POLLACK LEASE 5TH AMEND - FINAL UPDATED ARS 35-394.PDF
Extracted text (via pymupdf)
5165 characters
Lease No. L7251 1 of 2 C-86-05-915-4-06 FIFTH AMENDMENT TO LEASE AGREEMENT THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made and entered into this 1st day of March, 2023 by and between Maricopa County, a political subdivision of the state of Arizona (“Tenant”) and University Central Center LLC DBA Pollack Plaza, an Arizona limited liability company (“Landlord”). R E C I T A L S A. Landlord and Tenant previously entered into that certain Lease Agreement dated July 6, 2005, which was subsequently extended and amended with respect to premises consisting of approximately 2,520 square feet located at 3002 N. Arizona Ave., Suite 13, Chandler, AZ 85225 (the “Premises”). B. The parties wish to amend the Lease to: (a) extend term; (b) increase rent; (c) update counterparts; (d) provide Tenant administrative language; and (d) update Tenant notice address. A G R E E M E N T S NOW, THEREFORE, in consideration of the Lease, the foregoing Recitals, the mutual agreements, covenants, and promises set forth in this Amendment and other good and valuable consideration, the receipt, sufficiency, and validity of which is hereby acknowledged, the parties agree as follows: 1. The Lease term shall be extended for an eighteen (18) month period starting 04/01/2023 and ending 09/30/2024. The Lease, as amended and as of the date of this Amendment, is subject to A.R.S. §38-511. 2. The rent schedule for the Extension Period shall be as follows: 04/01/2023 - 09/30/2024, inclusive, $3,200.40 per month, including NNN plus taxes. 3. Estoppel. Tenant hereby affirms by execution of this Amendment that as of the date hereof (i) the Lease is in full force and effect and Tenant does not have any presently existing claims against Landlord or any offsets against any amounts due under the Lease, and (ii) there are no defaults of Landlord under the Lease and there are no existing circumstances which with the passage of time, notice or both, would give rise to a default under the Lease. 4. This Amendment and the Lease contains the entire understanding of Landlord and Tenant and may not be modified except by another agreement in writing and signed by Landlord and Tenant. Except as expressly modified by this Amendment, the Lease remains unmodified and in full force and effect. All references in the Lease to “this Lease” shall be deemed references to the Lease as modified by this Amendment. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Electronic signatures shall have the same force and effect as original signatures. 5. Certification Pursuant to A.R.S. § 35-394. Landlord warrants and certifies that it does not currently, and agrees for the duration of Lease that it will not, use: 1. the forced labor of ethnic Uyghurs in the People's Republic of China. 2. any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. Lease No. L7251 2 of 2 3. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Landlord becomes aware during the term of the Lease that the Landlord is not in compliance with this paragraph, the Landlord shall notify the Tenant within five (5) business days after becoming aware of the noncompliance. Failure of Landlord to provide a written certification that the Landlord has remedied the noncompliance within one hundred eighty (180) days after notifying Tenant of its noncompliance, this Lease shall terminate unless the term of this Lease shall end prior to said one hundred eighty (180) day period. 6. The Recitals stated herein are, by this reference, incorporated and made a part of this Amendment. 7. The Assistant County Manager of Maricopa County and/ or the Director of the Maricopa County Real Estate Department shall administer the Lease, as amended, including executing documents. 8. Section 20 of the Lease is updated as follows: Notices to Tenant shall be sent to: Maricopa County Real Estate Director Attn: Real Estate Director 2801 W. Durango Street Phoenix, AZ 85009 9. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Lease remain the same and in full force and effect, except as herein amended. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first hereinabove set forth. LANDLORD: University Central Center LLC TENANT: Maricopa County, a political DBA Pollack Plaza an Arizona LLC subdivision of the state of Arizona BY: BY: Michael A. Pollack, Manager Chairman of the Board Date BY: Clerk of the Board Date This Amendment has been reviewed by the undersigned Deputy County Attorney, who has determined that it is proper in form and is within the power and authority granted under the laws of the State of Arizona. BY: Deputy County Attorney Date