L-7445 AMD 3 CITY OF PHOENIX.DOCX
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L-7445 137637-3 C-94-14-008-3-03 THIRD AMENDMENT TO GOVERNMENT LEASE Between CITY OF PHOENIX, LESSOR And MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Government Lease No. L-7445 between the City of Phoenix, a municipal corporation (“Lessor”) and Maricopa County, a political subdivision of the State of Arizona (“Lessee”) dated and approved January 7th, 2014 by the Maricopa County Board of Supervisors, extended by fully executed renewal option on October 29th, 2014, and further extended by fully executed amendment on November 12, 2015, (the “Lease”). B. The term of the Lease expires January 31, 2017. C. The Lease is for approximately sixty (60) square feet of office space on the second floor of Phoenix City Hall at 200 W. Washington Street, Phoenix Arizona (the “Leased Premises”). D. Lessor and Lessee now mutually desire to enter into this Third Amendment to Government Lease (“Amendment”) in order to add thirty-six (36) square feet of space on the third floor of Phoenix City Hall to the Leased Premises for the installation and use of a free-standing interactive Maricopa County Recorder’s Office kiosk (the “Kiosk”), extend the Lease term, adjust the monthly rental rate, and add options for the renewal of this Lease. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: 1. The Leased Premises is hereby expanded to include a six (6) foot by six (6) foot area containing thirty-six (36) square feet of space on the third floor of Phoenix City Hall at 200 W. Washington Street, Phoenix Arizona (the “Service Area”), as described and depicted on “Exhibit A-1” attached hereto and made a part hereof, for the purpose of installation and maintenance of the Kiosk for use by City of Phoenix staff and the public. 2. Lessor agrees to provide Lessee with the third floor space subject to the terms and conditions contained in this Section 2, to enable Lessee to render the services which are customarily provided via the Kiosk. 2.1 Lessee will install the Kiosk in the Service Area depicted on Exhibit A-1 at no cost ($0.00) to Lessor. 2.2 The Service Area shall be used solely for the purposes of providing the Kiosk for public use. Lessee shall not use the Service Area for any other purpose without the written consent of Lessor. 2.3 Lessor, at no cost to Lessee, will provide a 110v electrical outlet and dedicated internet data line for the Kiosk in a location and manner mutually agreeable to Lessor and Lessee. 2.4 Lessee shall be responsible for the functionality of the Kiosk and all information technology (IT) support, maintenance, service, and repairs to the Kiosk, including but not limited to repairing damage, correcting IT outages, replacing parts and conducting routine maintenance and service calls. Lessee shall have the right to inspect and perform maintenance on the Kiosk during normal business hours, which are from 8:00AM to 5:00PM, Monday through Friday. Lessor agrees to notify Lessee if the Kiosk becomes inoperable and/or appears to be in need of service or repair. Lessor shall also notify Lessee of any office break-in, theft or loss of the Kiosk as soon as practical after the break-in, theft or loss is discovered. Notice that the Kiosk is affected as described in this paragraph shall be provided as soon as possible to: LeeAnn Wade Recorder and Elections Dept. Main Downtown Office 111 S. 3rd Avenue, Phoenix, AZ 85003 Phone 602-506-3535 lwade@risc.maricopa.gov 2.5 Lessee shall be responsible for ensuring that any person(s) providing maintenance and/or repair services to the Kiosk, including but not limited to Lessee’s employees, vendors, contractors, agents and volunteers (“Service Providers”), are competent to do so and will act in full compliance with the terms of the Lease at all times. 2.6 Lessee hereby accepts the Service Area in “as is” condition. Lessee will not modify the location of the Kiosk without Lessor’s written approval. Lessor hereby reserves the right to relocate the Service Area at any time at no cost to Lessee. In the event that a change to the size or location of the Service Area is necessary, the requesting entity will prepare a diagram showing the proposed new Service Area. A change shall be deemed approved when the diagram is signed by Lessor’s authorized representative(s) and Lessee’s authorized representative(s). 2.7 Lessee may post signage to direct members of the public to the Service Area. Lessee will confer with Lessor concerning content and placement of proposed signage, but Lessor shall have sole discretion to determine the signage amount and placement. 2.8 Lessor and Lessee acknowledge that the installation of this Kiosk serves a valuable public purpose. Lessor agrees to educate its staff as to the availability of the Kiosk and the services it provides so the staff can in turn refer the public visiting Phoenix City Hall to the services offered by the Kiosk. 2.9 The Kiosk is the personal property of Lessee and nothing in this Amendment grants any right of ownership of the Kiosk to Lessor. Upon any termination and/or expiration of this Lease, according to its terms, for cause or convenience, and/or upon amendment to the Lease that eliminates the Lessee’s rights to use the Service Area for the Kiosk, Lessee has the right to enter the Service Area occupied by the Kiosk pursuant to this Lease to uninstall and remove the Kiosk. Lessee shall leave the Service Area in a clean and safe condition after the Kiosk removal, normal wear and tear excepted. 3. The term of the Lease is hereby extended three (3) years, to commence February 1, 2017 and expire January 31, 2020. This Lease and Amendment are subject to termination pursuant to A.R.S. §38-511. 3.1 Lessee will have two (2) options to renew the Lease for two (2) additional years each (the “Renewal Term”). To exercise a Renewal Term, Lessee shall give Lessor written notice of its intent to renew not less than sixty (60) days prior to the expiration of the Lease. 4. Effective February 1, 2017, Lessee will pay Lessor rent in the amount of $200.00 (two hundred and 00/100 dollars) per month for the use of the Leased Premises and the Service Area. Upon the mutual written agreement of Lessor and Lessee, the rental rate may be adjusted at each Renewal Term. 5. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Lease and subsequent amendments remain the same and in full force and effect. 6. This Amendment may be executed in one or more counterparts and the signature pages combined to constitute one document. Facsimile signatures shall have the same force and effect as original signatures. L-7445 137637-3 C-94-14-008-3-03 IN WITNESS WHEREOF, the parties have signed this Amendment: LESSOR: LESSEE: City of Phoenix, a municipal corporation Maricopa County, a political subdivision of The State of Arizona ________________________________ ____________________________________ Rob Sweeney Assistant Finance Director Chairman of the Board of Supervisors ATTEST: ATTEST: ____________________________________ ____________________________________ City Clerk Date Clerk of the Board Date APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________________ ____________________________________ City Attorney Date Deputy County Attorney Date L-7445 137637-3 C-94-14-008-3-03 Exhibit A-1 Kiosk