2150 COUNTRY CLUB LLC LEASE L-7330 AMENDMENT 9 .PDF
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Lease No. L-7330 Amendment No. 9 C-22-03-110-4-12 AMENDMENT No. 9 TO LEASE AGREEMENT (“AMENDMENT”) BETWEEN 2150 COUNTRY CLUB, LLC (“LESSOR”) AND MARICOPA COUNTY, (“LESSEE”) RECITALS A. 2150 Country Club, LLC, an Arizona limited liability company, as successor in interest to BAR/JCR PHX Flex Investors, LLC, Lessor, and Maricopa County, Lessee, are parties to that certain Lease Agreement No. L-7330, dated February 21, 2003, and subsequently amended on May 21, 2008, May 11, 2011, February 26, 2014, February 18, 2015, March 9, 2016, October 19, 2016, May 9, 2018 and May 22, 2019 (together, “Agreement”). The Agreement is for premises at 2150-1 South Country Club Drive, Suite 7, Mesa, AZ, consisting of 10,623 rentable square feet of office space (“Premises”). B. The term of the Agreement expires on June 30, 2021. C. Lessor and Lessee now mutually desire to amend the Agreement to extend the term of the Agreement, to update Lessee’s termination rights from one-hundred twenty (120) days to ninety (90) days written notice, and to provide for lease administration authority. 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 accuracy of the foregoing Recitals is acknowledged, and the Recitals are hereby incorporated into this Agreement. 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 shall be extended for one (1) year beginning on July 1, 2021 through June 30, 2022, unless terminated earlier as provided for in the Agreement, as amended. This Agreement as amended is subject to termination pursuant to the provisions of A.R.S. §38-511, the provisions of which are incorporated herein by this reference. Section 1 of Amendment No. 3 to the Agreement is amended so that Lessee may terminate the Agreement with ninety (90) days prior written notice. This Agreement may be terminated by Lessee at the end of any fiscal year due to non-appropriation of funds without penalty of liability to Lessee. County and state fiscal years end June 30th, federal fiscal year ends September 30th. Lessor and/or any of its employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights to bring any claim against Lessee or its employees, agents, officers, directors, members, successors or assigns from or relating in any way to Lessee’s termination of this Agreement pursuant to this Section 3. Lease No. L-7330 Amendment No. 9 C-22-03-110-4-12 4. Effective July 1, 2021, Lessee agrees to pay within 30 days of receipt of invoice, full service rent in equal monthly installments, the sums as follows: Months Rate Monthly Annual 1-12 $19.50/s.f. $17,262.38 $207,148.50 plus rental tax The above rent includes applicable real estate taxes, insurances and all other operating expenses. 5. This Agreement, as amended, may be executed in one or more counterparts and the signature pages combined to constitute one document. 6. Administration of Agreement. The Assistant County Manager for Maricopa County and the Real Estate Director for Maricopa County shall administer this Agreement, as amended. 7. Lessor and Lessee hereby represent and warrant to the other Party that it has not retained or dealt with any broker with respect to this transaction other than Cushman & Wakefield, on behalf of Lessor, and Jones Lang LaSalle, on behalf of Lessee (collectively, “Brokers”), and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Agreement. Lessor shall be responsible for payment of leasing commissions per written agreement with Cushman & Wakefield. Lessor and Lessee each agree to indemnify, protect and hold the other harmless for, from and against any costs, losses, damages and expenses, including costs and expenses reasonably incurred with respect thereto, incurred by the other which arise directly or indirectly out of the breach of such representation and warrant by the indemnifying party. The terms of this Section shall survive the expiration or earlier termination of the Agreement. 8. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement and subsequent amendments remain the same and in full force and effect, except as herein amended. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Lease No. L-7330 Amendment No. 9 C-22-03-110-4-12 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. LESSOR: LESSEE: 2150 Country Club, LLC Maricopa County, a political subdivision of an Arizona limited liability company the State of Arizona ____________________________________ By: 9000 Venice Partners, LP. a California Jack Sellers limited partnership, is sole and managing member Chairman of the Board of Supervisors By: Brain-Storm Technologies, Inc. a California Corporation, its general partner ATTEST: By: ___________________________________ ____________________________________ Tye Rubins Date Clerk of the Board Date President APPROVED AS TO FORM: ____________________________________ Deputy County Attorney Date