AMD L-7421 RE WIC LEASE WITH WARREN HALL.PDF
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Lease L-7421 Amendment No. 2 C-86-12-031-1-04 AMENDMENT 2 TO LEASE AGREEMENT Between WARREN HALL, LESSOR And MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Lease Agreement No. L-7421 dated November 17, 2011 and approved by the Maricopa County Board of Supervisors, and subsequently amended August 17, 2016 (the “Lease”). The Lease is for premises at 430 N. Dobson Road, Suites 111 and 112, Mesa, AZ 85201, consisting of approximately 4,936 square feet of rentable area (the “Premises”). B. The term of the Lease expires January 31, 2022; however, pursuant to Section 16.2 of the Lease, on June 7, 2017, Lessee sent a notice to Lessor of intent to terminate the Lease effective September 30, 2017 due to non-appropriation of funds. C. In lieu of terminating the Lease due to non-appropriation of funds, Lessor and Lessee now mutually desire to rescind the Lease termination, amend the Lease to modify the term, recognize a six (6) month rent free period and provide options to extend the term if funding becomes available. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: 1. Recitals hereinabove are incorporated herein by this reference. 2. Notice of termination of the Lease sent by Lessee to Lessor on June 7, 2017, is hereby rescinded. 3. The remaining term of the Lease is hereby reduced from four (4) years and four (4) months to twelve (12) months (October 1, 2017 to September 30, 2018). This Lease, as amended, is subject to termination pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein by this reference. 4. Section 2 of Amendment No. 1 to the Lease dated August 17, 2016 is replaced in its entirety with the following: Lessee agrees to pay as rent, in equal monthly installments, the sums as follows: Months Rate Monthly Semi-Annual 1-6* $0 $0 $0 7-12 $11.35 $4,668.63 $28,011.80 plus rental tax * As a donation to Lessee, Lessor will allow Lessee to continue occupancy of the Premises without rent payments for a period of six (6) months, October 1, 2017 through March 31, 2018. 5. Section 2.3 Options to Renew. of the Lease is replaced in its entirety with the following: 2.3 Options to Renew. Lessor hereby grants to Lessee the option of renewing the Lease for three (3) additional one (1) year terms (the “Renewal Term”). To exercise a Renewal Term, Lessee shall give Lessor written notice of its intent to renew at least ninety (90) days prior to the expiration of the then current term. Months Rate Monthly Annual 13-24 $11.69 $4,808.49 $57,701.84 plus rental tax 25-36 $12.04 $4,952.45 $59,429.44 plus rental tax 37-48 $12.40 $5,100.53 $61,206.40 plus rental tax 6. The effective date of this amendment is the date of execution by the Maricopa County Board of Supervisors. 7. The foregoing paragraphs contain all the changes made by this amendment. All other terms and conditions of the original agreement and amendments thereto will remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties have signed this Amendment LESSOR: LESSEE: Warren Hall Maricopa County ____________________________________ ____________________________________ Warren Hall Denny Barney, Chairman Board of Supervisors ____________________________________ ATTEST: Date ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date