LEASE L-7455 AMD 2 RE ST. MARYS FOOD BANK.PDF
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LEASE No. L-7455 AMENDMENT No. 02 C-86-15-016-1-02 AMENDMENT NO. 2 TO LEASE AGREEMENT BETWEEN ST. MARY’S FOOD BANK ALLIANCE, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Lease Agreement No. L-7455, approved by the Maricopa County Board of Supervisors on September 10, 2014 and subsequently amended on October 4, 2017 (the “Agreement”). The Agreement is for 6,400 square feet of office and clinic space at 3003 W. Thomas Rd., Phoenix, AZ 85009. B. The term of the Agreement expires on October 31, 2018. C. Lessor and Lessee now mutually desire to enter into this Amendment No. 2 to the Agreement (“Amendment”) to amend the Agreement to extend the term one (1) year, modify the Rent amount, update Lessee’s notice address, and allow for counterpart signatures. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and suffiency of which is hereby acknowledged, Lessee and Lessor agree to amend the Agreement as follows: 1. The accuracy of the foregoing Recitals is acknowledged and the Recitals 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 one (1) year, to commence on November 1, 2018 and expire October 31, 2019. The Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. 38-511. 4. Beginning November 1, 2018, upon invoice, Lessee shall pay Lessor as Rent, in monthly installments, the following sums: Lease Term Rate Monthly Yearly Rate 11/01/2018 to 10/31/2019 $10.85/s.f. $5,800.00 plus tax $69,600.00 plus tax LEASE No. L-7455 AMENDMENT No. 02 C-86-15-016-1-02 5. Unless otherwise set forth in this Amendment, the changes to the Agreement set forth herein will be effective as of the the latter of a) the date the Amendment is fully executed by the parties or b) Novemeber 1, 2018. 6. Since the Agreement, as amended, will require administrative action, including execution of documents, from time to time to carry out its intent, both the Deputy County Manager for Maricopa County and the Maricopa County Real Estate Director each, individually and separately, are hereby given the authority and charged with the responsibility for proper administration of the Agreement, as amended, whether or not specific authority is granted in any provision of the Agreement, as amended. 7. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8. Section 18 of the Agreement is hereby modified to provide that Notices to Lessee shall be addressed as follows: Maricopa County Real Estate Dept. Attn: Director 2801 W. Durango Street Phoenix, AZ 85009 9. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK LEASE No. L-7455 AMENDMENT No. 02 C-86-15-016-1-02 IN WITNESS WHEREOF, the parties have signed this Amendment. LESSOR: St. Mary’s Food Bank LESSEE: Maricopa County Alliance ____________________________________ ____________________________________ Tom Kertis, President and CEO Date Steve Chucri Chairman of the Board of Supervisors ATTEST: ____________________________________ Clerk of the Board Date APPROVED AS TO FORM: __________________________________________ Deputy County Attorney Date