L-7309 LEASE AMENDMENT 6 RE TOWN OF GUADALUPE.PDF
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Lease No. L-7309 Amendment No. 6 C-22-05-126-4-06 AMENDMENT No. 6 to LEASE AGREEMENT Between TOWN OF GUADALUPE, LESSOR And MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are Parties to that certain Lease Agreement No. L-7309 dated June 20, 2001 and subsequently amended July 1, 2004, May 11, 2011, August 31, 2011, April 24, 2013 and June 24, 2015 (the “Lease Agreement”). The Lease Agreement is for premises at 9401 South Avenida del Yaqui, Guadalupe, AZ, consisting of 2,364 square feet of classroom, kitchen, and restroom space for Head Start Program use. B. The term of the Lease Agreement expires on May 31, 2019. C. Lessor and Lessee now mutually desire to enter into this amendment to the Lease Agreement (“Amendment No. 6”) to extend the term of the Lease Agreement to May 31, 2024, increase the janitorial cost, update Lessee notice address and add indemnification language. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the sufficiency and adequacy of which the Parties acknowledge, Lessee and Lessor agree to amend the Lease Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated into this Lease Agreement. 2. The term of the Lease Agreement, through this Amendment 6, is hereby extended to May 31, 2024. This Lease Agreement is subject to termination pursuant to the provisions of A.R.S. §38-511. 3. All notices herein required to be given to Lessee shall be sent to Lessee at: Maricopa County Head Start Program Attn: Program Manager 2150 South Country Club Dr., Suite 7 Mesa, AZ 85210-6878 Lease No. L-7309 Amendment No. 6 C-22-05-126-4-06 With a copy to: Maricopa County Real Estate Department Attn: Director 2801 W. Durango Street Phoenix, AZ 85009 4. Section 4 of Amendment No. 5 is deleted in its entirety and replaced with the following: Lessor shall provide janitorial services to the two (2) Premises restrooms twice weekly at a cost of Forty Dollars ($40.00) per week. Lessor shall include the janitorial costs on the monthly invoice provided to Lessee and Lessee shall reimburse Lessor for said costs. 5. Each Party (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party (as “Indemnitee”) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as “claims”) arising out of the negligent performance of this Lease Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers. 6. The effective date of this Amendment No. 6 is the date of execution by Maricopa County. 7. This Amendment No. 6 may be executed in one or more counterparts and the signature pages combined shall constitute one document. 8. The foregoing paragraphs contain all the changes made by this Amendment No. 6. All other terms and conditions of the Lease Agreement and as modified by subsequent amendments shall remain the same and in full force and effect. Lease No. L-7309 Amendment No. 6 C-22-05-126-4-06 IN WITNESS WHEREOF, the Parties have signed this Amendment No. 6. ____________________________________ ____________________________________ Valerie Molina Bill Gate Mayor of Town Guadalupe Chairman of the Board of Supervisors ATTEST: ATTEST: ____________________________________ ____________________________________ Town Clerk Date Clerk of the Board Date APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________________ ____________________________________ Town Attorney Date Deputy County Attorney Date