LEASE L-7015 AMD 5 RE J3 HARMON.PDF
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LEASE No. L-7015 AMENDMENT No. 05 C-24-99-006-4-06 AMENDMENT No. 5 TO LEASE AGREEMENT BETWEEN J3 HARMON, LLC, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Lease Agreement No. L-7015 (C-24-99-006-4-00) dated August 18, 1993; and subsequently amended via Amendment No. 1 (C-24-99-006-4-01) dated January 6, 1999; Amendment No. 2 (C-24-99-006-4-02) dated October 20, 2004; Amendment No. 3 (C-24-99-006-4-04) dated November 18, 2009; and Amendment No. 4 (C-24- 99-006-4-05) dated March 26, 2014, collectively, the “Agreement.” B. The Agreement is for the Premises at 4811 East Julep, Suite 128, Mesa, AZ, consisting of approximately 8,000 square feet of office and justice court space. C. The term of the Agreement expires December 31, 2019. D. Lessor and Lessee now mutually desire to enter into this Amendment No. 5 to the Agreement to amend the Agreement to extend the lease term, adjust the lease rate and update Lessee Notice address. 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 incorporated herein and made a part of 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 three (3) years, commencing January 1, 2020, and expiring December 31, 2022, unless terminated earlier as provided for in the Agreement. This Agreement is subject to termination pursuant to the provisions of A.R.S. § 38-511. Lessee may terminate the Agreement with ninety (90) days’ prior written notice. Notwithstanding any term or condition of the Agreement, Lessee may terminate the Agreement at the end of any fiscal year provided that funds are not available from the governing legislature or funding body. Lessee’s fiscal year ends June 30th of each year. Lessor and/or any of its employees, agents, officers, directors, members, successors or assigns hereby waive any and all rights to bring any claim against Lessee or its employees, agents, officers, directors, members, successors or assigns from, or related in any way to, Lessee’s termination of this Agreement pursuant to this Paragraph 1 of this Amendment No. 5. LEASE No. L-7015 AMENDMENT No. 05 C-24-99-006-4-06 4. Lessor grants to Lessee the option to renew the Agreement for one additional three (3) year term. To exercise this option, Lessee shall provide Lessor with written notice of its intent to renew no later than 90 days prior to the expiration of the Agreement. The rental rates during the option term shall be negotiated at the time of the renewal. 5. During the term of this amendment, Lessee agrees to pay as base rent, in equal monthly installments, the sums as follows: Lease Months Rate Monthly Annual Months 1-18 $20.00/s.f. $13,333.33 plus rental tax $160,000.00 plus tax Months 19-36 $20.50/s.f. $13,666.67 plus rental tax $164,000.00 plus tax 6. Notices to Lessee shall be sent to: Maricopa County Real Estate Department Attn: Director 2801 West Durango Street Phoenix, AZ 85009-6356 7. The effective date of this amendment is the date of execution by Maricopa County. 8. The foregoing paragraphs contain all the changes made by this Amendment No. 5. All other terms and conditions of the original Agreement and as modified by subsequent lease amendments remain the same and in full force and effect. LEASE No. L-7015 AMENDMENT No. 05 C-24-99-006-4-06 IN WITNESS WHEREOF, the parties have signed this Amendment No. 5: LESSOR: JC Harmon, LLC LESSEE: Maricopa County ___________________________________ ___________________________________ Jordan Sills, Manager Chairman of the Board ___________________________________ ATTEST: Date ___________________________________ Clerk of the Board Date This Amendment has been reviewed by the undersigned Deputy County Attorney, who has determined that it is proper in form and is within the power and authority granted under the laws of the State of Arizona. __________________________________________ Deputy County Attorney Date