BOYS AND GIRLS CLUB EAST VALLEY, INC L-7339 AMEND 5.PDF

LEASE No. L-7339
C-22-04-107-4-05
AMENDMENT No. 5 TO LEASE AGREEMENT
BETWEEN
BOYS & GIRLS CLUB OF THE VALLEY, INC., LESSOR
AND
MARICOPA COUNTY, LESSEE
RECITALS
A. Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and Boys & Girls Club of the
Valley, Inc. (“Lessor”) are parties to that certain Lease Agreement No. L-7339, dated August 18, 2003, and
subsequently amended on July 7, 2004, August 20, 2008, July 25, 2013 and August 1, 2018 (collectively,
the “Agreement”). The Agreement is for Head Start classroom space consisting of approximately 740
square feet and playground facility located at 44 North Oak, Gilbert Arizona (“Premises”).
B. Lessor name change from Boys & Girls Club of the East Valley to Boys & Girls Club of the Valley, Inc as
defined in the Agreement and Plan of Merger dated December 20, 2019 and Formal Record of Action dated
March 6, 2020.
C. The term of the Agreement expires on August 31, 2023.
D. Lessee and Lessor now mutually desire to enter into this Amendment No. 5 (“Amendment”) to amend the
Agreement to: (A) amend alterations/improvements provisions; (B) approval of certain Lessee Tenant
Improvements; (C) amend Notices; and (D) 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 Recitals, by this reference, are hereby incorporated into this Amendment. This 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 Agreement, unless the context expressly requires otherwise.
3. Section 1 of the Agreement is amended to add the following:
Lessor’s written or verbal consent shall not be required for any alteration/improvements costing less than
four thousand nine hundred ninety-nine dollars ($4,999.00) provided that it: (i) is nonstructural; and (ii)
does 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 remove sandbox at the Premises backfill and infill with 3" Poured-in-Place
Rubber, 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 five
thousand five hundred dollars and 00/100 ($5,500).

LEASE No. L-7339
C-22-04-107-4-05
4.2 Lessee shall be responsible for performing the work required to complete the Tenant Improvements.
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. Section 18 Notices of the Agreement hereby amended to modify the Lessee and Lessor addresses as
follows:
Lessee:
Maricopa County Real Estate Dept.
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
With a copy to:
Boys & Girls Clubs of the Valley
4309 E Belleview Road, #14
Phoenix, AZ 85008
Lessor:
Maricopa County Real Estate Dept.
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
6. Administration of Agreement. The Assistant County Manager for Maricopa County and/or the Real Estate
Director for Maricopa County shall administer this Agreement.
7. This 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 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-7339
C-22-04-107-4-05
IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below.
LESSOR: LESSEE:
BOYS & GIRLS CLUB OF THE VALLEY, MARICOPA COUNTY
INC.
By: ___________________________________ ________________________________________
[Signature] Date Jack Sellers
Chairman of the Board of Supervisors
___________________________________ ATTEST:
[Printed Name]
___________________________________ _______________________________________
[Title] Clerk of the Board Date
APPROVED AS TO FORM:
_______________________________________
Deputy County Attorney Date
EXHIBIT “A”

LEASE No. L-7339
C-22-04-107-4-05
Scope of Project
Program: Maricopa County Human Services Department – Early Education Division
Project Request # 21-116 – Boys & Girls Club of the Valley
Project description:
Remove Sandbox, backfill and infill with 3" Poured-in-Place Rubber.
Project Budget:
Not to exceed $5,500
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