AMENDMENT 4 TO LEASE L-7451 WITH LA MESITA.PDF

LEASE No. L-7451
C-22-14-067-1-04
AMENDMENT No. 4 TO SUBLEASE AGREEMENT -
BETWEEN
A NEW LEAF, INC. ("SUBLESSOR"),
AND
MARICOPA COUNTY, (“SUBLESSEE”)
RECITALS
A. Maricopa County, a political subdivision of the state of Arizona (“Sublessee”), and New Leaf, Inc., an
Arizona non-profit corporation, (“Sublessor”) are parties to that certain Sublease Agreement No. L-7451
dated May 21, 2014 and subsequently amended on April 22, 2015, June 6, 2018 and June 10, 2020
(collectively, “Agreement”). The Agreement is for premises located at 2254 W. Main Street, Mesa, AZ
85201, consisting of 2,779 square feet of classroom space (“Daycare Center”).
B. The term of the Agreement expires on June 30, 2021.
C. Sublessee and Sublessor now mutually desire to enter into this Amendment No. 4 (“Amendment”) to amend
the Agreement to: (A) extend the term of the Agreement, (B) amend Renewal Term, (C) amend Sublessee
improvements, (D) amend Restoration provisions, (E) amend Estoppel and Subordination provisions and
(F) provide for administration authority.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt
and sufficiency of which is hereby acknowledged, Sublessee and Sublessor agree to amend the Agreement
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 three (3) years commencing July 1, 2021 through June
30, 2024, unless terminated earlier as provided for in the Agreement. Notwithstanding the foregoing, if the
term of the Master Lease expires or is terminated prior to June 30, 2024, Sublessor and Sublessee agree to
terminate the Agreement on the same date as such expiration or termination, as the case may be. This
Agreement as amended is subject to cancellation pursuant to A.R.S. §38-511, the provisions of which are
incorporated herein by this reference. This Agreement may be terminated by Sublessee at the end of any
fiscal year due to non-appropriation of funds without any penalty or liability to Sublessee. County and state
fiscal years end June 30, Federal fiscal year ends September 30.
4. The second sentence of Article 6 Term and Termination, subsection 6.1 of the Agreement is hereby
deleted in its entirety and replaced by the following:
Sublessor and Sublessee may extend the Agreement by written mutual consent of the Parties (“Renewal
Term”), subject to Master Lease being in effect, by providing Sublessor written notice. Notwithstanding
the foregoing, if the term of the Master Lease expires or is terminated during a Renewal Term, Sublessor
and Sublessee agree to terminate the Agreement on the same date as such expiration or termination, as the
case may be. During the Renewal Term, the terms, provisions and conditions contained within this
Agreement shall remain in full force and effect.

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5. Sublessee agrees to pay as rent, in equal monthly installments, the sums as follows:
Years Rate per SF Monthly Annual
Year 1 N/A $0 $0
Year 2 N/A $0 $0
Year 3 N/A $0 $0
The above rent includes applicable taxes and operating expenses.
6. Sublessor acknowledges Sublessee’s desire to make improvements to the Property. Sublessor authorizes
Sublessee to make improvements as those improvements 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. Sublessee may, in its discretion, abandon the Tenant Improvements made by Sublessee
or remove said Tenant Improvements and restore the Property to its original condition, ordinary wear and
tear excepted.
6.1 Sublessee shall be financially responsible for all costs associated with design, permitting, purchase
and installation of the work associated with the Tenant Improvements.
6.2 Sublessee 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 Property.
6.3 Prior to the commencement of the Tenant Improvements, Sublessee shall ensure its 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.
6.4 Sublessee 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
7. Agreement Section 5 Renovations shall be amended as to include the following:
5.2 Sublessor’s written or verbal consent shall not be required for any Sublessee desired alterations or
renovations costing less than $4,999.00 provided that it: (i) is nonstructural; and (ii) does not impact the
building systems, impact building structure, or materially affect the air quality of the building.
8. Within thirty (30) days after written request from Sublessor, or any first mortgage or first deed of trust
beneficiary of Sublessor, Sublessee shall, in writing in substantially the same form as Exhibit “B” which is
attached hereto and made a part hereof, subordinate its rights under the Agreement to the lien of any first
mortgage or first deed of trust, or to the interest of any lease in which the Lessor is lessee, and to all advances
made or hereafter to be made thereunder. However, before signing the subordination agreement, Sublessee
shall have the right to obtain from any lender or lessor requesting such subordination, an agreement in
writing providing that, as long as Sublessee is not in default hereunder, the Agreement shall remain in effect
for the full term. The holder of any security interest may, upon written notice to Sublessee, elect to have

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the Agreement prior to its security interest regardless of the time of the granting or recording of such
security interest. In the event of any foreclosure sale, transfer in lieu of foreclosure or termination of the
Agreement in which Sublessor is lessee, Sublessee shall attorn to the purchaser or the transferee of
Sublessor as the case may be, and recognize that party as Sublessor under the Agreement, provided such
party acquires and accepts the Daycare Center subject to the Agreement.
9. Within thirty (30) days after written request from Sublessor, Sublessee shall execute and deliver to
Sublessor or Sublessor’s designee, a written statement in substantially the same form as Exhibit “C” which
is attached hereto and made a part hereof certifying: (a) that the Agreement is unmodified and in full force
and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of base
consideration and the date to which the base consideration and additional consideration have been paid in
advance; (c) the amount of any security deposited with Sublessor; and (d) that Sublessor is not in default
hereunder or if Sublessee is claiming Sublessor to be in default, stating the nature of any claim of default.
Any such statement may be relied upon by a purchaser, assignee, or lender.
10. The Assistant County Manager for Maricopa County, and the Real Estate Director for Maricopa County
shall administer this Agreement.
11. By signing below, Landlord of the Master Lease agrees to the terms and provisions of the Agreement and
this Amendment.
12. 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.
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LEASE No. L-7451
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IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below.
SUBLESSOR: SUBLESSEE:
A NEW LEAF, 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
APPROVED:
LANDLORD:
LA MESITA APARTMENTS, LP
By: ___________________________________
[Signature] Date
___________________________________
[Printed Name]
___________________________________

LEASE No. L-7451
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EXHIBIT “A”
Scope of Project
Program: Maricopa County Human Services Department – Early Education Division
Project Request # 21-136 – A New Leaf Inc at La Mesita Family Center
Project description:
Large hole (from previous tree removal) located next to the playground to be filled with concrete - 4ft x 4ft area within
a larger concrete pad. Will need a concrete pour of 4ft x 4ft x 6 inches.
Project Budget:
Not to exceed $950
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
______________________ ______________________ ___________________
A New Leaf, Inc. Signature Date
_________________________ _______________________ ___________________
Maricopa County Human Signature Date
Services Department

LEASE No. L-7451
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Exhibit “B”
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT CERTIFICATE
for
LEASE AGREEMENT NO. L-7451
THIS AGREEMENT (“SNDA”) is executed by and between (hereinafter referred to as Lender) and Maricopa
County, a political subdivision of the state of Arizona (hereinafter referred to as Lessee or County),
WITNESSETH:
WHEREAS, Lessee has entered into a lease dated (hereinafter referred to as “Lease”) for certain
premises located at , said premises more particularly described in said Lease, and
WHEREAS, Lender has made a loan to Lessor, , in the sum of $ secured by a , Assignment
of Rents and Security Agreement on the Lessor’s interest in the premises (the “Security Agreement”) of which the
leased premises are a portion, recorded in the official records of the Maricopa County Recorder’s Office, and
WHEREAS, Lessee has agreed to the subordination of the Lease to the Security Agreement on the
condition that it is assured of continued use and occupancy of the premises under the terms of said Lease and this
SNDA, and
WHEREAS, Lender agrees to such continued use and occupancy by Lessee provided that by these presents
Lessee agrees to recognize and attorn to Lender or purchaser in the event of foreclosure or otherwise.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, it is hereby
mutually covenanted and agreed as follows:
1. In the event it should become necessary to foreclose the Deed of Trust or Lender should otherwise come
into possession of the premises, Lender will not join Lessee under said Lease in summary or foreclosure
proceedings and will not disturb the use and occupancy of Lessee under said Lease so long as Lessee is
not in default under any of the terms, covenants, or conditions of said Lease; and has not prepaid the
rent except monthly in advance as provided by the terms of said Lease.
2. Lessee agrees that in the event any proceedings are brought for the foreclosure of any such Deed of Trust
it will attorn to the purchaser of such foreclosure sale and recognize such purchaser as the Lessor under
said Lease. Said purchaser, by virtue of such foreclosure to be deemed to have assumed and agreed to
be bound, as “Substitute Lessor”, by the terms and conditions of said Lease until the resale or other
disposition of its interest by such purchaser, except that such assumption shall not be deemed of itself
an acknowledgement of such purchaser of the validity of any then existing claims of Lessee against the
prior lessor. All rights and obligations herein and hereunder to continue as though such foreclosure

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proceedings had not been brought, except as aforesaid. Lessee agrees to execute and deliver to any such
purchaser such further assurance and other documents, confirming the foregoing as such purchaser may
reasonably request. Lessee waives the provisions of any statute or rule of law now or hereafter in effect
which may give or purport to give it any right or election to terminate, except as expressly provided for
in said Lease, or otherwise adversely affect the said Lease and the obligations of Lessee thereunder by
reason of any such foreclosure proceeding. Accordingly, from and after such event “Substitute Lessor”
and Lessee shall have the same remedies against each other for the breach of an agreement contained
in the Lease as Lessee and Lessor had before “Substitute Lessor” succeeded to the interest of the Lessor;
provided however, that “Substitute Lessor” shall not be;
a. liable for any act or omission of any prior lessor (including Lessor); or
b. subject to any offsets or defenses that Lessee might have against any prior lessor (including
Lessor); or
c. bound by any rent or additional rent that Lessee might have paid for more than one month in
advance to any prior lessor (including Lessor); or
d. liable for the return of any security deposit.
3. The provisions of this SNDA are binding upon and shall inure to the benefit of the heirs, successors and
assigns of the parties hereto.
4. The execution of this document is expressly authorized by the Maricopa County in Section(s) 8 and 10 of
the Agreement as amended.
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LEASE No. L-7451
C-22-14-067-1-04
IN WITNESS WHEREOF this SNDA is effective the day and year first written below.
LESSEE: Maricopa County, a political subdivision of the state of Arizona
______________________________________________
By: [Name] Date
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
_______________________________________________
Deputy County Attorney Date
The terms of the above SNDA are hereby consented and agreed to by Owner/Lessor:
LESSOR: [Name]
_______________________________________________
[Name], [Title] Date
LENDER: [Name]
______________________________________________
[Name], [Title] Date

LEASE No. L-7451
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Exhibit “C”
TENANT ESTOPPEL CERTIFICATE
for
LEASE AGREEMENT NO. L-7451
THE PURPOSE of this certificate is to confirm the current status of matters relating to the Lease described below.
This Estoppel Certificate is for the benefit of the Lessor and , its successors and/or assigns (hereinafter
“Lender”) and for no other person or entity.
1. Maricopa County, a political subdivision of the state of Arizona, is the Lessee or Tenant under a lease
agreement (hereinafter the “Lease”) with, as Lessor dated , 20 covering the premises
described as: a lease located at . The Premises are more fully described in the attached fully
executed copy of the Lease agreement (and all amendments or modification thereto, if any) and Exhibit
“ ” of said Lease agreement. Other than as set forth above, there are no other modifications or
amendments to the Lease.
2. The Premises have been accepted by the Tenant; and the Tenant now occupies the Premises pursuant
to the Lease terms. The commencement date for the term of the Lease is , 20 .
3. The Lease will expire unless terminated earlier as provided for in the Lease and is subject to an
option to renew and the right to holdover.
4. Lessor has completed all tenant improvement work, if any, as required under the terms of the Lease.
5. Tenant claims that the Lessor has not performed the following Lessor’s obligations as directed by the
Lease: .
6. The current fixed consideration for the Premises is $ per month plus rental tax. Tenant has paid
the current month’s consideration in full. There are no other rents or other charges under the Lease
which are due and unpaid at this time. Considerations are fully paid (if required by the Lease) through
the last day of the month in which this Estoppel Certificate has been executed.
7. The Tenant has made no security deposit.
8. Except for rents (if any) which may be due under the Lease for the current month, there are no rents,
offsets or credits against future accruing rents, or other charges which have been prepaid to the Lessor
under the Lease.

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9. Tenant has no right or option to purchase any portion of the real property upon which the Premises are
situated.
10. Tenant has received no notice of a prior sale, transfer, assignment, hypothecation or pledge of said
Lease or of the rents secured therein, except to Lender.
11. Tenant acknowledges that this Estoppel Certificate and the statements herein may be conclusively
relied upon by the Lessor and other person(s) or entity (ies) named above in the first paragraph.
12. This agreement shall be binding upon and inure to the benefit of the Lessor, and any other person(s) or
entity (ies) named above in the first paragraph.
13. The execution of this document is expressly authorized by the Maricopa County in Section(s)9 and 10
this Agreement as amended.
14. The Tenant understands and acknowledges that Lender will rely on this Estoppel Certificate in acquiring
or making a mortgage loan to Lessor and that in connection with said loan, Lessor’s interest in the Lease
is being assigned to Lender as additional security for the loan.
Executed this ______ day of _____________________, 20____.
Lessee: Maricopa County
___________________________________________________
By: [Name]
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
____________________________________________________
Deputy County Attorney Date