L-7301 LEASE AGREEMENT.DOCX

Lease No. L-7301
C-50-01-014-4-02
SECOND AMENDMENT TO LEASE
No. L-7301
THIS SECOND AMENDMENT TO LEASE (the “Agreement”), dated for reference
purposes as of the _________ day of ______________________, 2015, is by and between the
Town of Cave Creek (“Lessor”) and Maricopa County, a political subdivision of the State of
Arizona (“Lessee”), together (the “Parties”).
R E C I T A L S
WHEREAS, Lessee and Lessor entered into that certain Lease Agreement No. L-7301
dated September 6, 2000, (the “Lease”) and subsequently amended May 12, 2010 (the “First
Amendment”) for Lessee’s use of 4,432 square feet of office space and use of common areas in
the Town of Cave Creek’s municipal complex located at 37622 North Cave Creek Road, Cave
Creek, Arizona; and
WHEREAS, the Parties now desire to execute this Agreement to extend the term of the Lease,
update Lessee Notice Address, adjust the Lease rate, and modify Lessor and Lessee
responsibilities, and make certain tenant and common area improvements.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto agree as follows:
1. Incorporation of Recitals/Capitalized Terms. The Recitals set forth above are deemed
to be true and accurate in all respects and are hereby incorporated into this Agreement by this
reference. Capitalized terms used in the Agreement shall have the same meanings as ascribed to
them as in the Lease unless otherwise expressly defined in this Agreement. In the event of any
conflict between the terms of the Lease and the terms of this Agreement, the terms of this
Agreement shall govern control.
2. Effective Date. Unless otherwise set forth in this Agreement, the changes to the Lease
set forth herein will be effective as of the date the Agreement is fully executed by the Parties (the
“Effective Date”).
3. Term, Renewal Term. The term of the Lease is hereby extended for a period of sixty
(60) months, from September 1, 2015, to August 31, 2020, (the “Extended Term”) unless sooner
terminated as otherwise provided in the Lease. This Agreement is subject to the provisions of
A.R.S. §38-511 and may be terminated pursuant thereto. Lessor hereby grants to Lessee the
option of renewing the Lease for one additional five-year term. To exercise this third option,
Lessee shall give Lessor Ninety (90) days written notice of Lessee’s intent to renew prior to the

expiration of the renewal term of the Lease. The rental rate during the third renewal term of the
Lease shall be subject to mutual agreement of the Parties. In the event of expiration of the Lease
without a third renewal, Lessor hereby grants to Lessee the right of continued occupancy of the
Premises as a “Hold over tenant” on a “month to month” basis for up to six (6) months at the
lease rate in effect at the time of expiration, payable monthly.
4. Rent. The rent due from the Lessee during the Extended Term shall be Seven Thousand
Five Hundred Seventy One Dollars and Thirty three Cents ($7,571.33) per month plus rental
taxes.
5. Common Area Improvements. Lessor shall make the following improvements at
Lessor’s sole cost and expense:
a) Upgrade existing lighting to the exterior area of the Premises including the parking
lot area,
b) Fill-in gaps between the curb and landing and make safe the entrance to the Premises,
c) Repair parking lot surface with crushed rock and/or asphalt where needed.
6. Tenant Improvements. Lessor and Lessee shall share equally in the actual cost of
flooring replacement in agreed upon areas of the Premises, with Lessee’s cost not to exceed
Eight Thousand Dollars ($8,000.00).
7. Utilities. Section 3) of the Lease Agreement is deleted in its entirety and replaced with
the following:
3) LESSEE shall be responsible for reimbursing the Lessor for electrical utility
services provided to LESSEE’S portion of the Premises. LESSEE shall be responsible for
the installation and all charges for telephone service. LESSOR shall be solely responsible
for all costs associated with providing the following services to the Premises:
water/sewer service, trash removal service, janitorial service, pest control service and gas
service.
8. Notices. Section 18 of the Lease is hereby modified to provide that Notices to Lessee
shall be addressed as follows:
Notice to Lessee:
Maricopa County Sheriff’s Office
Business Operations Command
550 West Jackson Street
Phoenix, AZ 85003

With a copy to:
Public Works Real Estate Division
Attn: Chief Real Estate Officer
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 original agreement and amendments thereto remain the same and in
full force and effect.
L-7301 Amendment No. 2
C-50-01-014-4-02
LESSOR: LESSEE:
Town of Cave Creek Maricopa County Board of Supervisors
_____________________________________ ____________________________________
Peter Jankowski, Town Manager Chairman of the Board
ATTEST: ATTEST:
_____________________________________ ____________________________________
Carrie Dyrek, Town Clerk Date Clerk of the Board Date
APPROVED as to FORM: APPROVED as to FORM:
_____________________________________ ____________________________________
Town Attorney Date Deputy County Attorney Date