L-7410 HOUSING FOR HOPE AMENDMENT 8.PDF
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LEASE No. L-7410 C-22-10-044-1-09 AMENDMENT No. 8 TO LEASE AGREEMENT BETWEEN HOUSING FOR HOPE, INC. LESSOR AND MARICOPA COUNTY LESSEE RECITALS A. Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and Housing for Hope, Inc., an Arizona Non-Profit Corporation (“Lessor”) are parties to that certain Lease Agreement No. L-7410 dated March 2, 2010 and subsequently amended October 1, 2011, September 24, 2013, September 23, 2015, June 22, 2016, August 23, 2017, December 18, 2018 and September 18, 2019 (collectively, the “Lease”), The Lease is for the premises at 466 South Bellview Street, Mesa, Arizona, consisting of 1,890 square feet of classroom space and certain playground area (“Premises”). B. The term of the Lease expires on September 30, 2022. C. Lessee and Lessor now mutually desire to enter into this Amendment No. 8 (“Amendment”) to amend the Lease to: (A) amend alterations or improvements provisions; (B) amend 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 Lease as follows: 1. The Recitals, by this reference, are hereby incorporated into this Amendment. This Lease, 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, unless the context expressly requires otherwise. 3. Section 12 Alterations of the Lease is hereby deleted in its entirety and replaced with the following: Early Head Start may erect a sign on the exterior of the classroom to note classroom is a Maricopa County Early Head Start classroom; provided, however, such sign shall comply with all applicable laws and shall be subject to CARE's reasonable approval. Early Head Start shall not make any alterations, additions or improvements or remodel, redecorate or paint the leased premises or any part thereof without CARE's prior written consent. CARE shall have the absolute right to grant or withhold its consent; provided that CARE agrees not to unreasonably withhold its consent to any alterations or other improvements to the leased premises that are required to ensure that the leased premises comply with applicable guidelines for early childhood quality practices. Any such alterations and improvements shall be made under the direction of CARE, at Early Head Start's sole cost and expense. Early Head Start and CARE acknowledge that Early Head Start's ability to pay for any alterations or improvements is subject to the availability of funding, and that CARE may condition its approval on receipt of reasonably satisfactory evidence that funding is available. Any alterations or improvements constructed in classroom shall become part of the classroom and constitute the property of CARE. Any alterations or improvements constructed in playground shall become part of the playground and constitute the property of Early Head Start. Lessor’s written or verbal consent shall not be required for any alterations or 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. LEASE No. L-7410 C-22-10-044-1-09 4. Pursuant to Section 12 of the Lease, Lessor acknowledges Lessee’s desire to make alterations or improvements to the Premises. Lessor authorizes Lessee to make said alterations or improvements to replace the flooring of the Premises per Exhibit “A” which is attached hereto and made a part hereof. Lessee may, in its sole discretion, abandon the alterations or improvements made by Lessee or remove said alterations or 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 alterations or improvements in an amount no greater than five thousand dollars and 00/100 ($5,000). 4.2 Lessee shall be responsible for performing the work required to complete the alterations or improvements. All work must conform to and be in substantial accordance in quality and appearance with the quality and appearance of the alterations or improvements in the remainder of the building where the Premises is located. 4.3 Prior to the commencement of the alterations or 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 alterations or 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 19 Notices. of the Lease hereby amended to modify the Lessee addresses as follows: Lessee: With a copy to: Maricopa County Real Estate Dept. Maricopa County Human Services Dept. Attn: Director Early Education Division 2801 West Durango Street Attn: Assistant Director Phoenix, AZ 85009 234 North Central, 3rd Floor Phoenix, AZ 85004 6. Section 43 Delegation of Authority. of the Lease is 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. 7. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Lease remain the same and in full force and effect, except as herein amended. LEASE No. L-7410 C-22-10-044-1-09 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. LESSOR: LESSEE: HOUSING FOR HOPE, INC., MARICOPA COUNTY 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 LEASE No. L-7410 C-22-10-044-1-09 EXHIBIT “A” Scope of Project Program: Maricopa County Human Services Department – Early Education Division Project Request # 21-135 – Housing for Hope, Inc. at Bellview Project description: Replace Flooring with Hallmark LVT, color Madrid Maple. Project Budget: Not to exceed $5,000 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