TOWN OF GUADALUPE LEASE L-7309 AMEND 7.PDF
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LEASE No. L-7309 C-22-05-126-4-07 AMENDMENT No. 7 TO LEASE AGREEMENT BETWEEN TOWN OF GUADALUPE, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and Town of Guadalupe, an Arizona municipal corporation (“Lessor”) are parties to that certain Lease Agreement No. L-7309 dated June 20, 2001 and subsequently amended July 1, 2004, May 11, 2011, August 31, 2011, April 24, 2013, June 24, 2015 and March 27, 2019 (collectively, the “Lease Agreement”). The Lease Agreement is for premises located at 9401 South Avenida Del Yaqui, Guadalupe, AZ consisting of 2,364 square feet of classroom, kitchen and restroom space (“Premises”). B. The term of the Lease Agreement expires on May 31, 2024. C. Lessee and Lessor now mutually desire to enter into this Amendment No. 7 (“Amendment”) to amend the Lease Agreement to: (A) amend improvement provision; (B) approval of certain Lessee Tenant Improvements; (C) amend Notices; and (D) provide for lease administration authority. LEASE 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 Lease Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated into this Amendment. This Lease Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. 38-511. 2. Capitalized terms used in this Amendment without definition shall have the meanings assigned to such terms in the Lease Agreement, unless the context expressly requires otherwise. 3. The fourth paragraph of the Lease Agreement is hereby amended to delete the last sentence of said paragraph and add in its place the following: Provided, however, that Lessor’s written or verbal consent shall not be required for any improvements costing less than four thousand nine hundred ninety nine dollars ($4,999.00) provided that they: (i) are nonstructural; and (ii) do not impact the building systems, impact building structure, require a building permit, or materially affect the air quality of the building. 4. Lessor acknowledges Lessee’s desire to make improvements to the Premises. Lessor authorizes Lessee to make said improvements to repair the playground of the Premises including as those modifications are shown on the Scope of Project that are listed in Exhibit “A” to this Amendment, which Exhibit “A” (“Tenant Improvements”) is attached hereto and made a part hereof. Lessee may, in its sole discretion, abandon the Tenant Improvements made by Lessee or remove said Tenant Improvements and restore the Premises to its original condition, ordinary wear and tear excepted. 4.1 Lessee shall be financially responsible for all costs associated with design, permitting, purchase and installation of the work associated with the Tenant Improvements in an amount no greater than nineteen thousand dollars and 00/100 ($19,000). 4.2 Lessee shall be responsible for performing the work required to complete the Tenant Improvements. LEASE No. L-7309 C-22-05-126-4-07 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 where the Premises is located. 4.3 Prior to the commencement of the Tenant Improvements, 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. 4.4 Lessee hereby designates Leah Hanwell as its representative and agent for the purpose of questions associated with the Tenant Improvements. Maricopa County Facilities Management Department Attn: Leah Hanwell 401 W Jefferson Street Phoenix, Arizona 85003 605. 768. 0577 Leah.Hanwell@maricopa.gov 5. Notices section of the Lease Agreement is hereby amended to modify the Lessee addresses as follows: Lessee: Maricopa County Real Estate Dept. Attn: Director 2801 West Durango Street Phoenix, AZ 85009 With a copy to: Maricopa County Human Services Department Early Education Division Attn: Assistant Director 234 North Central, 3rd Floor Phoenix, AZ 85004 6. Administration of Lease Agreement. The Assistant County Manager for Maricopa County and/or the Real Estate Director for Maricopa County shall administer this Lease Agreement. 7. This Lease Agreement, as amended, may be executed in one or more counterparts and the signature pages combined to constitute one document. 8. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Lease Agreement remain the same and in full force and effect, except as herein amended. THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK LEASE No. L-7309 C-22-05-126-4-07 IN WITNESS WHEREOF, the Parties have fully executed this AMENDMENT as of the last date written below. LESSOR: LESSEE: TOWN OF GUADALUPE MARICOPA COUNTY By: ___________________________________ ________________________________________ Valerie Molina, Mayor May 13, 2021 Jack Sellers Chairman of the Board of Supervisors ATTEST: ATTEST: ___________________________________ ________________________________________ Jeff Kulaga, Town Manager/Clerk May 13, 2021 Clerk of the Board Date APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________________ _______________________________________ David E. Ledyard May 13, 2021 Deputy County Attorney Date LEASE No. L-7309 C-22-05-126-4-07 EXHIBIT “A” Scope of Project Program: Maricopa County Human Services Department – Early Education Division Project Request #21-117– Town of Guadalupe Project description: Playground repairs Project Budget: Not to exceed $19,000 By signing below, each party acknowledges and concurs with the scope of this project and agrees that work may begin. _______________ ______________________ ___________________ Contractor Signature Date _________________________ ______________________ ___________________ Owner Signature Date _NA_____________________ ______________________ ___________________ Operator Signature Date _________________________ _______________________ ___________________ Maricopa County Human Signature Date Services Department