LEASE RE AMD 10 1837 PROPERTY LLC.PDF
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LEASE NO L-7171 AMENDMENT NO. 10 C-24-04-001-4-04 AMENDMENT No. 10 TO LEASE AGREEMENT BETWEEN 1837 Property, LLC, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee (the “Parties”) are Parties to that certain Lease Agreement No. L-7171 dated October 19, 1992 and subsequently amended by Amendment No. 1 dated October 2, 1996; by Amendment No. 2 dated June 22, 1998; by Amendment No. 3 dated October 18, 2000; by Amendment No. 4 dated October 2, 2003; by Amendment No. 5 dated June 22, 2005; by Amendment No. 6 dated May 17, 2006; by Amendment No. 7 dated July 22, 2009; by Amendment No. 8 approved June 6, 2012; and Amendment No. 9 approved November 5, 2014 (the “Lease”). The Lease is for premises described as 8,998 square feet of office and court space located at 1837 S. Mesa Drive, Mesa, Arizona (the “Premises”). B. The Lease expires August 31, 2019. C. The Parties now mutually desire to enter into this Amendment No. 10 to the Lease (“Amendment No. 10”) to further amend the Lease to extend the Lease term. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows: 1. The foregoing recitals are by this reference incorporated and made a part of this Amendment No. 10. 2. The Parties hereby agree to extend the term of the Lease for thirty (30) months commencing on September 1, 2019, and expiring on February 28, 2022, unless terminated earlier as provided for in the Lease. The full service rent during the extended term shall be as follows: Lease Year Rate Monthly Annual 9/1/19-2/29/20 $19.50 $14,621.75 plus rental tax (RT) $87,730.50 plus RT 3/1/20-2/28//21 $20.00 $14,996.67 plus RT $179,960.00 plus RT 3/1/21-2/28/22 $20.50 $15,371.72 plus RT $184,459.00 plus RT 3. The effective date of this Amendment No. 10 is the date of. execution by Maricopa County. This Lease is subject to termination pursuant to the provisions of A.R.S. §38-511. Either Lessee or Lessor may terminate the Agreement with ninety (90) days’ prior written notice by certified mail. Notwithstanding any term LEASE NO L-7171 AMENDMENT NO. 10 C-24-04-001-4-04 or condition of the Lease, Lessee may terminate the Lease 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 Lease pursuant to this Paragraph 3 of this Amendment No. 10. 4. The foregoing paragraphs contain all the changes made by this Amendment No. 10. All other terms and conditions of the original Lease and subsequent amendments remain the same and in full force and effect. IN WITNESS WHEREOF, the Parties have signed this Amendment No. 10 to Lease L-7171. LESSOR: LESSEE: 1837 Property, LLC Maricopa County _______________________________ ___________________________________ Jerry Banicki, Member Bill Gates Chairman of the Board of Supervisors _______________________________ Date ATTEST: ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date