AMENDMENT TO LEASE L-7454 RE FIRST UNITED METHODIST CHURCH.PDF
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LEASE No. L-7454 AMENDMENT No. 03 C-22-15-001-1-04 AMENDMENT No. 3 TO LEASE AGREEMENT BETWEEN FIRST UNITED METHODIST CHURCH of MESA, ARIZONA, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee (collectively the “Parties”) are parties to that certain Lease Agreement No. L-7454 dated and approved July 30, 2014 and subsequently amended February 18, 2015 and June 8, 2016 (collectively, the “Lease”). The Lease is for 1,550 square feet of leased classroom space and certain other common areas (the “Premises”) at 15 East 1st Avenue, Mesa, Arizona (the “Property”). B. The term of the Lease expires on May 30, 2021. C. Lessor and Lessee now mutually desire to enter into this Amendment No. 3 to the Lease to amend the Lease to update Lessee notice address, allow for reimbursement for maintenance, add an administrative contact and replace Section 17 of the Lease. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree to amend the Lease as follows: 1. The accuracy of the foregoing Recitals is acknowledged and such Recitals are hereby incorporated into this amendment. 2. Section 15. Notices. of the Lease is revised as follows: Add the following sentence to the end of the first paragraph. If delivery is refused or not accepted, the notice shall be effective on the date of postmark. Delete the address for “With a copy to” in its entirety and replace with the following. With a copy to: Maricopa County Real Estate Department Attn: Director 2801 West Durango Street Phoenix, AZ 85009 3. Lessee shall make a one-time payment to Lessor in the amount of Three Hundred Sixty Five Dollars and 60/100 ($365.60) for reimbursement of one half the cost of the replacement of a water heater installed at the Premises on or about May 1, 2019. LEASE No. L-7454 AMENDMENT No. 03 C-22-15-001-1-04 4. The following is the Administrative Contact for Lessee who may be notified of administrative concerns or questions in the Lease. Administrative Contact: Real Estate Property Manager 2801 West Durango Street Phoenix, AZ 85009 602-506-1054 or 602-506-4248 5. Section 17. Cancellation: of the Lease is deleted in its entirety and replaced with the following: 17. Cancellation and Non-Appropriation of Funds: This Lease is subject to cancellation in accordance with the provisions of A.R.S. § 38-511, the provisions of which are incorporated herein by this reference. The Lease may be terminated by Lessee at the end of any fiscal year due to non- appropriation of funds without any penalty or liability to Lessee. County and State fiscal year ends June 30th, the Federal fiscal year ends September 30th. Lessor and/or any of its employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights to bring any claim against Lessee or its employees, agents, officers, directors, members, successors or assigns from or relating in any way to Lessee’s termination of the Lease pursuant to this Paragraph 17. 6. The foregoing paragraphs contain all the changes made by this amendment. All other terms and conditions of the original Lease and as modified by subsequent Lease amendments remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK LEASE No. L-7454 AMENDMENT No. 03 C-22-15-001-1-04 IN WITNESS WHEREOF, the Parties have signed this amendment LESSOR: First United Methodist Church of LESSEE: Maricopa County Mesa, Arizona, an Arizona non-profit corporation ____________________________________ ___________________________________ John Miller, Chairman, Board of Directors Bill Gates, Chairman of the Board of Supervisors ____________________________________ ATTEST: Date ___________________________________ Clerk of the Board Date Approved As To Form: ____________________________________ Deputy County Attorney Date