LEASE_L-7396_AMEND01_COMMENCE20150201.PDF
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LEASE No. L-7396 AMENDMENT No. 01 C-85-07-021-4-01 AMENDMENT No. 1 TO LEASE AGREEMENT BETWEEN CREF LCP LLC, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor, CREF LCP LLC, a Delaware limited liability company, as successor in interest to Lincoln Commerce Park II, Limited Partnership; and Lessee, Maricopa County, a political subdivision of the State of Arizona; are parties to that certain Lease Agreement No. L-7396 dated June 6, 2007, the “Agreement”. The Agreement is for leased premises in that certain office building located in the development commonly known as Lincoln Commerce Park II (the “Property”) located at 2115, 2125, 2135 and 2145 South 11th Avenue in Phoenix, AZ, and consisting of 13,524 rentable square feet of office space at the Property known as 2145 South 11th Avenue, Suite 170, Phoenix, AZ (the “Premises”). B. The current term of the Agreement expires on January 31, 2015. C. Lessor and Lessee (together, the “Parties”) now mutually desire to amend the Agreement to extend the lease term, adjust the rent payment schedule, provide for a renewal option, and outline the scope of improvements to be made to the Premises upon the terms and conditions set forth in this Amendment No. 1 to the Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, the Parties agree to amend Lease No. L-7396 as follows: 1. The term of the Agreement shall be extended through January 31, 2020, unless terminated earlier as provided for in the Agreement. This Agreement is subject to termination pursuant to the provisions of A.R.S. 38-511. This Agreement may be terminated by Lessee at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to Lessee. Lessee’s fiscal year ends June 30th. Lessor and/or any of its employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights to bring any claim against Lessee or its employees, agents, officers, directors, members, successors or assigns from or relating in any way to Lessee’s termination of this Agreement perusant to this Section. Lessee shall have an option to renew this Agreement for an additional five (5) year term at the market rental rate in effect at the time of the SMRH:417631659.2 -1- LEASE No. L-7396 AMENDMENT No. 01 C-85-07-021-4-01 renewal. To exercise the renewal option, Lessee shall give Lessor written notice of its intent to renew at least one hundred eighty (180) days prior to the expiration of the Agreement. This option to renew replaces the options to renew in Paragraph 15 of the Agreement. 2. Notices to Lessee shall be sent to: Maricopa County Attention: Real Estate Manager 301 W. Jefferson, Suite 960 Phoenix, Arizona 85003 3. Notices to Lessor shall be sent to: CREF LCP LLC c/o Cornerstone Real Estate Advisers, LLC Attn: Asset Manager – LCP II 100 Wilshire Boulevard, Suite 700 Santa Monica, California 90401 4. Lessee shall pay to Lessor as base rent, in monthly installments, the following sums: Lease Month and Year Yearly Rate Monthly Payment 02/1/2015 to 01/31/2016 $6.60/sf/yr $7,438.20 plus rental tax 02/1/2016 to 01/31/2017 $6.72/sf/yr $7,573.44 plus rental tax 02/1/2017 to 01/31/2018 $6.84/sf/yr $7,708.68 plus rental tax 02/1/2018 to 01/31/2019 $6.96/sf/yr $7,843.92 plus rental tax 02/1/2019 to 01/31/2020 $7.08/sf/yr $7,979.16 plus rental tax 5. Lessor, at Lessee’s sole cost and expense, shall complete the tenant improvements as listed in Exhibit “A” to this Amendment No. 1 (the “Tenant Improvements”). The Tenant Improvements shall be completed by May 1, 2014. Upon satisfactory completion of the Tenant Improvements, Lessee shall reimburse Lessor for Lessor’s actual costs of the Tenant Improvements at a total price not-to-exceed $31,800.00, which shall not be increased without the express written consent of Lessee. 7. Lessor shall complete the Tenant Improvments in accordance with all current laws, ordinances, regulations and code requirements includeing, but not limited to, any and all laws, ordinances, regulations and code requiremetns governing lead- SMRH:417631659.2 -2- LEASE No. L-7396 AMENDMENT No. 01 C-85-07-021-4-01 based paint, asbestos containing materials, and presumed asbestos containing materials. 17. The effective date of this Amendment No. 1 is the date of execution by the Maricopa County Board of Supervisors. 18. The foregoing paragraphs contain all the changes made to the Agreement by this Amendment No. 1. All other terms and conditions of the Agreement remain the same and in full force and effect. ************************************************************************ SMRH:417631659.2 -3- LEASE No. L-7396 AMENDMENT No. 01 C-85-07-021-4-01 IN WITNESS WHEREOF, the parties have signed this Amendment No. 1: LESSOR: LESSEE: CREF LCP LLC, a Delaware limited MARICOPA COUNTY liability company By: __________________________ By: CREF VIII REIT LLC, Denny Barney a Delaware limited liability Chairman of the Board of Supervisors company, its sole Member and Manager By: Robert Giffin, Vice President ATTEST: _____________________________ Clerk of the Board Date:_________________________ This Amendment No. 1 has been reviewed by the undersigned Attorney, who has determined that it is proper in form and is within the power and authority granted under the laws of the State of Arizona. ____________________________________ Deputy County Attorney SMRH:417631659.2 -4- LEASE No. L-7396 AMENDMENT No. 01 C-85-07-021-4-01 EXHIBIT “A” TENANT IMPROVEMENTS 1. Replace floors in warehouse restrooms at a not-to-exceeed cost of $1,350.00. 2. Furnish and install one (1) motor operator to one (1) overhead door at a not-to-exceed cost of $2,600.00. 3. Furnish and install one (1) high-voltage outlet at the overhead door location at a not-to-exceed cost of $2,000.00. 4. Furnish and install two (2) T5HO 6-bulb light fixtures at roof deck and two (2) wall mounted linear light fixtures in the warehouse area at a not-to-exceed cost of $2,800.00. 5. Furnish and install exterior lights to the existing exterior fence area at a not-to-exceed cost of $2,050.00. 6. Adjust / Repair gate for smooth guided operation at exterior fencing at a not-to-exceed cost of $1,500.00. 7. Add one (1) Restroom Shower – per Option 3 – Add a 4’ x 4’ tile shower to the existing WH restroom at a not-to-exceed cost of $19,500.00. SMRH:417631659.2 -5-