AMD 1 TO LEASE L-7461 RE CHICANOS POR LA CAUSA, INC..PDF
Extracted text (via pymupdf_layout)
7034 characters
Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05 AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN CHICANOS POR LA CAUSA, INC., (“Landlord”) AND MARICOPA COUNTY, (“Tenant”) RECITALS A. Landlord and Tenant are parties to that certain Lease Agreement No. L-7461 dated December 8, 2015 (“Agreement”). The Agreement is for premises located at 6850 W. Indian School Road, Suites 100, 101, & 102, Phoenix, AZ, consisting of 3,026 square feet of retail office space (“Premises”). B. The term of the Agreement expires on May 31, 2021. C. Landlord and Tenant now mutually desire to enter into this Amendment No. 1 to amend the Agreement (“Amendment”) to: (A) extend the term and mutually agree to provide for renewal options, (B) adjust annual rent schedule, (C) authorize approval of certain Alterations, (D) allow for counterpart signatures, (E) update delegation of authority, (F) notice of sale, and (G) acknowledge the Commencement Date of original Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. The Recitals, by this reference, are hereby incorporated into this Amendment. 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 is hereby extended for five (5) years commencing June 1, 2021 and expiring on May 31, 2026, unless terminated earlier as provided for in the Agreement. The Parties agree the Tenant will have two (2) options to extend the Agreement term for five (5) additional years each. This Agreement as amended is subject to termination pursuant to A.R.S. §38-511, the provisions of which are incorporated herein by this reference. This Agreement may be terminated by Tenant at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to Tenant. County and state fiscal years end June 30, Federal fiscal year ends September 30. 4. Tenant agrees to pay as Base Rent, after invoice, in equal monthly installments, the sums as follows: Year Rate Monthly Annual 6 $13.25/sf $3,341.20 $40,094.50 plus rental tax 7 $13.65/sf $3,442.08 $41,304.90 plus rental tax 8 $14.06/sf $3,545.46 $42,545.56 plus rental tax 9 $14.48/sf $3,651.37 $43,816.48 plus rental tax 10 $14.91/sf $3,759.81 $45,117.66 plus rental tax The above rent does not include operating expenses which are paid in accordance with Section 2.2 of the Agreement. Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05 5. Landlord acknowledges Tenant’s desire to make improvements to the Premises pursuant to section 7.3 (b) of the Agreement. Landlord authorizes Tenant to make said improvements to the OET data closet serving the Premises as those modifications are shown on the scope/plans that are listed in Exhibit “A” to this Amendment, which Exhibit “A” (“Alterations”) is attached hereto and made a part hereof. Tenant may, in its discretion, abandon the Alterations made by Tenant via this Amendment hereunder or remove said Alterations and restore the Premises to its original condition, ordinary wear and tear excepted. 5.1 Tenant shall be financially responsible for all costs associated with design, permitting, purchase and installation of the work associated with the Alterations. 5.2 Tenant shall be responsible for performing the work required to complete the Alterations. 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. 5.3 Prior to the commencement of the Alterations, Tenant shall ensure its contractor(s) 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. 5.4 Tenant hereby designates Rebecca Hood as its representative and agent for the purpose of questions associated with the Alterations. Maricopa County Office of Enterprise Technology Attn: Rebecca Hood 301 S. 4th Avenue, Suite 200 Phoenix, Arizona 85003 602.506.8166 (o) or 602.448.1221(c) Rebecca.Hood@maricopa.gov After installation, any questions regarding the Alterations may be directed to the Facilities Management Department at 602.506.1556. Landlord hereby designates Gregory Miller as its representative and agent for the purpose of questions associated with the Alterations. Chicanos Por La Causa, Inc. Attn: Gregory Miller 1112 E. Buckeye Road Phoenix, Arizona 85034 602.282.8491 (o) or 602.509.2944 (c) Greg.Miller@cplc.org 6. This Agreement as amended may be executed in one or more counterparts and the signature pages combined to constitute one document. 7. Section 18.13 (c), Delegation of Authority, is hereby deleted and replaced with the following: Administration of Agreement. The Assistant County Manager for Maricopa County and the Real Estate Director for Maricopa County shall administer this Agreement. Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05 8. The Parties agree and acknowledge the Commencement Date of the Agreement to be June 1, 2016. 9. If the Premises is sold during the term of the Agreement as amended, Landlord shall be required to notify Tenant in writing, via certified mail, within thirty (30) days of the transfer date. 10. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Agreement remain the same and in full force and effect, except as herein amended. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. LANDLORD: TENANT: CHICANOS POR LA CAUSA, 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-7461 Amendment No. 1 C-86-16-044-1-05 Exhibit “A” Alterations Scope/Plans FMD required Scope of work: • Provide dedicated HVAC for the closet, ceiling unit preferred (1ton). • Provide two dedicated electrical out lets, one receptacle to be used by new UPS unit. • Provide house ground to new busbar. • Re-seal floor with non-static wax • Provide and install new Badge Access System for closet. • Provide new fire extinguisher for closet. • Re-key existing door with #26 key Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05 Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05 Lease No. L-7461 Amendment No. 1 C-86-16-044-1-05