ADMIN CORRECTION LEASE L-7494 RE RAILROAD PROPERITES LLC.PDF
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LEASE No. L-7494 Amendment No. 1 C-21-20-008-1-01 AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN RAILROAD PROPERTIES, LLC. AND MARICOPA COUNTY RECITALS A. Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and Railroad Properties, LLC., an Arizona limited liability company (“Lessor”), are parties to that certain Lease Agreement No. L-7494 dated June 6, 2020 (“Agreement”). The Agreement is for premises located at 420 S. 3rd Avenue, Phoenix, AZ, (“Property”) consisting of approximately 3,600 rentable square feet (“RSF”) of office space (“Premises”). B. The term of the Agreement expires on July 31, 2021. C. Lessee and Lessor now mutually desire to enter into this Amendment No. 1 (“Amendment”) to amend the Agreement to extend the term and to allow for Lessee right of first option in the event Lessor sells property. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Lessee and Lessor agree to amend the Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated into this Amendment. 2. Capitalized terms used in this Amendment without definition shall have the meanings assigned to such terms in the Agreement, unless the context expressly requires otherwise. 3. The term of the Agreement is hereby extended for one (1) year, commencing August 1, 2021 through July 31, 2022, unless terminated earlier as provided for in the Agreement. This Agreement, as amended, is subject to termination pursuant to A.R.S. §38-511, the provisions of which are incorporated herein by this reference. This Agreement may be terminated by Lessee at the end of any fiscal year due to non- appropriation of funds without any penalty or liability to Lessee. County and state fiscal years end June 30, Federal fiscal year ends September 30. 4. Lessee agrees to pay as rent, in equal monthly installments, the sums as follows: Lease Term Rate Monthly Months 1-12 $21.00/RSF $6,300 plus rental tax 5. Provided Lessee is not in default of the Agreement, Lessee shall have a Right of First Option (“ROFO”) to purchase the Property. In the event the Lessor desires to sell the Property, Lessor shall provide first official notice to Lessee of its intent to sell the Property, along with proposed price and terms. Lessee shall have thirty (30) days to respond with their acceptance, counteroffer or rejection of proposed terms. Lessor and Lessee shall diligently proceed to consummate a sale transaction. 6. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect, except as herein amended. LEASE No. L-7494 Amendment No. 1 C-21-20-008-1-01 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. LESSOR: LESSEE: Railroad Properties, LLC Maricopa County c/o Heiland Family, LLP By: ___________________________________ _______________________________________ Gregory Heiland, Manager Jack Sellers Chairman, Board of Supervisors ___________________________________ ATTEST: Date _______________________________________ Clerk of the Board Date APPROVED AS TO FORM: _______________________________________ Deputy County Attorney Date