AMENDMENT NO. 3 TO LEASE L-7459 RE RANDOLPH P. HIGH AND KATHLEEN M. HIGH.PDF
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Lease L-7459 Amendment No.3 C-86-15-094-1-03 AMENDMENT 3 TO LEASE AGREEMENT L-7459 Between RANDOLPH P. HIGH and KATHLEEN M. HIGH, Trustees of the HIGH REVOCABLE TRUST, U/T/D August 4, 1992, as amended and restated, LESSOR And MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Lease Agreement No. L-7459 dated April 22, 2015 and subsequently amended June 14, 2018 and June 12, 2019 (collectively, the “Lease”). The Lease is for Premises at 6641 E. Baywood Avenue, Mesa, AZ 85206, consisting of approximately 4,000 rentable square feet of office and clinic space (“Premises”). B. The term of the Lease expires June 30, 2022. C. Lessor and Lessee now mutually desire to enter into this Amendment No. 3 to the Lease (“Amendment”) to extend the term of the Lease; adjust the annual rent schedule; provide for Lessee Alterations to the data closet; provide for administrative authority of the Lease, as amended; and, update Lessee’s Notice address. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: 1. The Recitals, by this reference, are incorporated into this Amendment. 2. Capitalized terms used in this Amendment without definition shall have the meanings assigned to such terms in the Lease, unless the context expressly requires otherwise. 3. The term of the Lease is hereby extended three (3) years commencing July 1, 2022 and shall expire June 30, 2025. This Lease is subject to termination pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein by this reference. This Lease 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 full-service rent, in equal monthly installments, the sums as follows: Year Rate Monthly Annual Period Eight $17.50/sf $ 5,833.33 $ 70,000.00 plus rental tax 7-1-2022 to 6-30-2023 Nine $18.00/sf $ 6,000.00 $ 72,000.00 plus rental tax 7-1-2023 to 6-30-2024 Ten $18.50/sf $ 6,166.67 $ 74,000.00 plus rental tax 7-1-2024 to 6-30-2025 The above rent includes applicable taxes and operating expenses. 5. Lessor authorizes Lessee to make improvements to the existing OET/IDF data closet serving the Premises as those modifications are described and depicted on the description/plans/scope that are listed in Exhibit “A” to this Amendment, which Exhibit “A” (“Alterations”) is attached hereto and made a part hereof. Lessee may, in its discretion, abandon the Alterations made by Lessee via this Amendment hereunder or remove said Alterations and restore the Premises to its original condition, ordinary wear and tear excepted. Lease L-7459 Amendment No.3 C-86-15-094-1-03 5.1 Lessee shall be financially responsible for all costs associated with design, permitting, purchase and installation of the work associated with the Alterations. 5.2 Lessee shall be responsible for performing the work required to complete the Alterations. All work must conform to and be in substantial accordance in quality and appearance with the quality and appearance of the improvements in the remainder of the building. 5.3 Prior to the commencement of the Alterations, Lessee shall ensure contractor has purchased and maintains throughout construction all standard insurance coverage at levels standard in the industry from a company or companies duly licensed by the State of Arizona and require its subcontractors to maintain equivalent insurance based in their trade and participation in the work. 5.4 Lessee hereby designates Rebecca Hood as its representative and agent for the purpose of questions associated with the Alterations. Maricopa County Office of Enterprise Technology Attn: Rebecca Hood 301 S. 4th Avenue, Suite 200 Phoenix, Arizona 85003 602.506.8166 (o) or 602.448.1221(c) Rebecca.Hood@maricopa.gov After installation, any questions regarding the Alterations may be directed to the Facilities Management Department at 602.506.1556. Landlord hereby designates Deborah Overton as its representative and agent for the purpose of questions associated with the Alterations. Newmark Knight Frank Management Attn: Deborah Overton 3636 North Central Avenue, Suite 150 Phoenix, Arizona 85012-1985 602-200-5700 (o) or 602-618-4509 (c) doverton@ngkf.com 6. Section 9 of Lease is hereby deleted in its entirety and replaced with the following: 9.1 All notices herein required to be given to Lessor in writing and shall be sent to Lessor at: High Revocable Trust Attn: Kathy High 1300 Country View Drive Modesto, CA 95356 Notices to Lessee shall be sent to: Maricopa County Real Estate Department Attn: Director 2801 West Durango Street Phoenix, Arizona 85009 Lease L-7459 Amendment No.3 C-86-15-094-1-03 Invoices to Maricopa County shall be in writing and sent by email to: wic@maricopa.gov 7. Section 16.14 Delegation of Authority of the Lease is hereby deleted in its entirety and replaced with the following: Administration of Lease. The Assistant County Manager for Maricopa County and/or the Real Estate Director for Maricopa County shall administer this Lease. 8. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Lease and subsequent amendments thereto will remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Lease L-7459 Amendment No.3 C-86-15-094-1-03 IN WITNESS WHEREOF, the parties have signed this Amendment as of the last date written below. LESSOR: Randolph P. High and Kathleen M. High Trustees of the High Revocable Trust U/T/D August 4, 1992, as amended and restated. ________________________________________ Randolph P. High, Trustee Date ________________________________________ Kathleen M. High, Trustee Date LESSEE: Maricopa County, a political subdivision of state of Arizona ____________________________________ Jack Sellers Chairman of the Board of Supervisors ATTEST: ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date Lease L-7459 Amendment No.3 C-86-15-094-1-03 Exhibit “A” Alterations Description/Scope/Plans FMD required Description of work: Provide dedicated HVAC for the closet, ceiling unit preferred (1ton). Provide two dedicated electrical out lets, one receptacle to be used by new UPS unit. Provide house ground to new busbar. Re-seal floor with non-static wax Provide and install new Badge Access System for closet. Provide new fire extinguisher for closet. Re-key existing door with #26 key Lease L-7459 Amendment No.3 C-86-15-094-1-03 Lease L-7459 Amendment No.3 C-86-15-094-1-03 Lease L-7459 Amendment No.3 C-86-15-094-1-03 Lease L-7459 Amendment No.3 C-86-15-094-1-03