FIRST PRESBYTERIAN CHURCH LEASE L-7271 AMD 14.PDF
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LEASE No. L-7271 C-22-99-134-4-14 AMENDMENT No. 14 TO LEASE AGREEMENT BETWEEN FIRST PRESBYTARIAN CHURCH OF MESA LESSOR AND MARICOPA COUNTY LESSOR RECITALS A. Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and First Presbyterian Church of Mesa (“Lessor”) are parties to that certain Lease Agreement No. L-7271 dated January 6, 1999 and subsequently amended on June 2, 1999, July 26, 2000, August 22, 2001, June 10, 2002, June 8, 2005, May 21, 2008, March 19, 2010, August 3, 2011, September 9, 2014, September 20, 2017, August 21, 2019, November 6, 2019 and August 19, 2020 (collectively, the “Agreement”). The Agreement is for 1,583 square feet of classroom space located at 161 North Mesa Drive, Mesa, AZ 85201 (“Premises”). B. The term of the Agreement expires on September 30, 2022. C. Lessee and Lessor now mutually desire to enter into this Amendment No. 14 (“Amendment”) to amend the Agreement to: (A) amend 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. Lessor acknowledges Lessee’s desire to make improvements to the Premises. Lessor authorizes Lessee to make said improvements to the Premises 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. 3.1 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 forty- five thousand dollars and 00/100 ($45,000). 3.2 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. 3.3 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. 3.4 Lessee hereby designates Leah Hanwell as its representative and agent for the purpose of questions LEASE No. L-7271 C-22-99-134-4-14 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 4. Section 1 of the Agreement is amended and modified to delete the last sentence of the Section in its entirety and is replaced with the following: Provided , however, that Lessor’s written or verbal consent shall not be required for any additional 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. 5. Section 21 Notices. of the Agreement, as revised Section 2 of the Amendment No. 10 to the 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 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-7271 C-22-99-134-4-14 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. LESSOR: LESSEE: FIRST PRESBYTARIAN CHURCH OF MESA 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-7271 C-22-99-134-4-14 EXHIBIT “A” Scope of Project Program: Maricopa County Human Services Department – Early Education Division Project Request # 21-112 – First Presbyterian Church Project description: The existing sandbox will be replaced with 585 sf of turf on the East side and 600 sf of concrete on the West side, when this project is complete there will no longer be a sandbox Project Budget: Not to exceed $45,000 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