2015-02-11 FOURTH AMENDMENT TO LEASE L7367.DOC

FOURTH AMENDMENT TO LEASE
Lease No. L-7367
C-44-05-014-0-03
THIS FOURTH AMENDMENT TO LEASE (the “Fourth Amendment”), dated for
reference purposes as of _______________________, 2015, is by and between 501 NORTH 44TH
STREET, LLC, an Arizona limited liability company as successor in interest to NORTH 44TH
STREET TRUST, (“Landlord”) and MARICOPA COUNTY, a political subdivision of the state of
Arizona (“Tenant”).
R E C I T A L S
WHEREAS, Landlord and Tenant entered into that certain Office Building Lease L-7367
dated as of February 14, 2005, and as amended under the First Amendment to Lease dated March
17, 2010, the Second Amendment to Lease dated September 10, 2014, and the Third Amendment
to Lease dated October 22, 2014, (together the “Lease”); and
WHEREAS, the parties desire to execute this Fourth Amendment in order to, among other
things, make voice-data modifications to the Premises and remove an abandoned supplemental air
conditioning system.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth,
Landlord and Tenant 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 Fourth
Amendment by this reference. Capitalized terms used in this Fourth Amendment shall have the
same meanings as ascribed to them as in the Lease unless otherwise expressly defined in this
Fourth Amendment. In the event of any conflict between the terms of the Lease and the terms of
this Fourth Amendment, the terms of this Fourth Amendment shall govern and control.
2. Effective Date. Unless otherwise specifically set forth in this Fourth Amendment,
the changes to the Lease set forth herein will be effective as of execution by the Parties (the
“Effective Date”).
3. Voice-Data Modifications. Landlord shall be responsible for permitting,
procurement, construction and project management necessary to deliver to the reasonable
satisfaction of the Tenant the voice-data modifications as further clarified in Exhibit A which is
attached hereto and made a part hereof (the “Voice-Data Modifications”). As Landlord is not a
licensed contractor, Landlord shall retain an appropriately licensed contractor (“Contractor”) to
complete the Voice-Data Modifications. Landlord shall pay the Contractor directly for the Voice-
Data Modifications and administer said contract with Landlord’s standard procedures as part of
such project management. Following approval of the plans by governmental authorities and receipt
of all required permits, Landlord shall authorize the Contractor to commence the Voice-Data
Modifications. The Voice-Data Modifications shall be performed in a good and workmanlike
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manner in full compliance with all applicable federal, state and local rules, regulations, codes and
ordinances including, but not limited to, health, building, zoning, fire and safety codes, all
applicable environmental statutes, regulations and ordinances, the Americans with Disabilities Act
of 1990, A.R.S. §§ 9-499.02, 41-1492 through 41-1492.11, the Architectural Barriers Act of 1968,
the Uniform Federal Accessibility Act of 1983 and the Arizona Native Plant Law. Landlord shall
also ensure that all activities (operations and/or construction) are in compliance with all applicable
federal, state and local air quality and environmental laws, regulations or policies. All materials
shall be new and shall be subject to industry standard warranties. Upon completion of the Voice-
Data Modifications, Landlord shall obtain final building inspections and approvals if required and a
certification from the architect that all such work was constructed in substantial conformity with the
applicable plans and specifications if required. Notwithstanding the foregoing, Landlord shall
undertake to remedy, at no expense to Tenant, those building code violations or other violations of
applicable law (if any) resulting from Landlord’s failure to initially construct the Premises in
accordance with applicable building codes and other applicable laws in effect at the time of permit
issuance, of which violations Landlord receives a written violation notice from Tenant or any
governmental authority.
4. Substantial Completion. The term “Substantial Completion” or any grammatical
variation thereof, when used in this Fourth Amendment to the Lease, shall mean that the Voice-
Data Modifications have been completed and delivered to Tenant with the exception of Punch List
Items (as hereinafter defined) which can be fully completed subsequent to the date the City of
Phoenix completes its final inspection. Substantial Completion shall occur on or before May 31,
2015.
5. Punch List. Within ten (10) days after Substantial Completion of the Voice-Data
Modifications, Tenant shall supply to Landlord a written list of items that constitute minor defects
or adjustments which can be completed after Substantial Completion of the Voice-Data
Modifications without causing any material interference with Tenant’s use of the Premises (“Punch
List Items”), setting forth all corrective work to the Voice-Data Modifications Tenant believes is
required to be performed. Landlord shall perform all such corrective work to the extent necessary to
complete construction of the Voice-Data Modifications. If Tenant does not provide a Punch List
within such ten (10) day period, Tenant shall be deemed to have accepted the Voice-Data
Modifications in their entirety.
6. Tenant’s Representative. Tenant hereby designates Monica Perrin as its
representative and agent for the purpose of receiving notices, approving submittals and issuing
requests for changes associated with the Voice-Data Modifications.
7. Modification Cost Reimbursement. Upon Substantial Completion of the Voice-
Data Modifications listed below in this Section 7, and further clarified in the attached Exhibit “A”,
and within ten (10) days after Landlord’s request, Tenant shall pay _______________________
and No/100 Dollars ($_________.00) ( the “Modification Cost Reimbursement”) to Lessor.
8. Incorporation of Prior Agreements. This Fourth Amendment contains the entire
understanding of the parties hereto with respect to the subject matter hereof, and no prior or other
written or oral agreement or undertaking pertaining to any such matter shall be effective for any
purpose.
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9. Modification of Amendment. This Fourth Amendment may not be amended or
modified, nor may any right or obligation hereunder be waived orally, and no such amendment or
modification shall be effective for any purpose unless it is in writing and signed by the party
against whom enforcement thereof is sought.
10. Interpretation. This Fourth Amendment shall be construed reasonably to carry out
its intent without presumption against or in favor of either party. The parties acknowledge that
both parties have caused this Fourth Amendment to be reviewed by legal counsel of their choice.
No negotiations concerning or modifications made to prior drafts of this Fourth Amendment shall
be construed in any manner to limit, reduce or impair the rights, remedies or obligations of the
parties under this Fourth Amendment or to restrict or expand the meaning of any provisions of this
Fourth Amendment. If any provision hereof shall be declared invalid by any court or in any
administrative proceedings, then the provisions of this Fourth Amendment shall be construed in
such manner so as to preserve the validity hereof and the substance of the transactions herein
contemplated to the extent possible. The Section headings are provided for purposes of
convenience of reference only and are not intended to limit, define the scope of or aid in
interpretation of any of the provisions hereof.
11. Full Force and Effect; Counterparts. The Lease shall remain in full force and
effect in accordance with its original terms and provisions, except as expressly modified by the
terms of this Fourth Amendment. This Fourth Amendment shall be governed by Arizona law and
shall be binding on the parties hereto and their respective successors and assigns. This Fourth
Amendment may be executed by the parties hereto in one or more counterparts. All counterparts
shall be valid and binding on the party or parties executing them and all counterparts shall
constitute one and the same document for all purposes. Each signatory to this Fourth Amendment
represents and warrants to the other party that this Fourth Amendment has been duly authorized,
executed and delivered by or on behalf of the party for which he/she is signing.
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SIGNATURES APPEAR ON THE FOLLOWING PAGE
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Lease L-7367
C-44-05-014-0-03
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to the Lease
to be effective as of the date set forth above.
LANDLORD: TENANT:
501 NORTH 44TH ST., LLC, an Arizona MARICOPA COUNTY BOARD OF
limited liability company SUPERVISORS
By: ___________________________________ By: ___________________________________
Printed Name: __________________________ Printed Name: __________________________
Title: __________________________________ Title: Chairman of the Board
Date: __________________________________ Date: __________________________________
ATTEST:
By: ___________________________________
Printed Name: __________________________
Title: Clerk of the Board of Supervisors
APPROVED AS TO FORM:
By: ___________________________________
Printed Name: __________________________
Title: Deputy County Attorney
Date: _________________
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EXHIBIT “A”
VOICE-DATA MODIFICATIONS
PART 1:
The modifications to the Premises under Part 1 of the Voice-Data Modificaitons are shown on the
Pearson Engineering Associates, Inc. plans as those plans are numbered, entitled, and dated as
shown below:
T1.0 Title Sheet Dated 11-06-2014
A1.1 Architectural Overall First Floor Plan Dated 11-06-2014
A1.2 Architectural Overall Second Floor Plan Dated 11-06-2014
A1.3 Architectural Enlarged First Floor Plan Dated 11-06-2014
A1.3 Architectural Enlarged Second Floor Plan Dated 11-06-2014
A2.1 Architectural Overall Roof Plan Dated 10-27-2014
S1 General Structural Notes Partial Floor Plans Detail Dated 11-05-2014
M0.1 Mechanical Schedules Dated 11-06-2014
M1.1 Mechanical Overall First Floor Plan Dated 11-06-2014
M1.2 Mechanical Enlarged First Floor Plan Dated 11-06-2014
M2.1 Mechanical Overall Second Floor Plan Dated 11-06-2014
M2.2 Mechanical Overall Enlarged Floor Plans Dated 11-06-2014
M3.1 Mechanical Overall Roof Plan Dated 01-28-2015
M4.1 Mechanical Details Dated 01-28-2015
E0.1 Electrical Symbols Legend Dated 11-06-2014
E1.1 Electrical Overall First Floor Plan Dated 11.06-2014
E1.2 Enlarged Electrical First Floor Plan Dated 11-06-2014
E2.1 Electrical Overall & Enlarged Second Floor Plan Dated 11-06-2014
E3.1 Electrical Overall Roof Plan Dated 11-06-2014
E4.1 One-Line Diagram and Panel Schedules Dated 11-06-2014
The forgoing plans referenced above are part of, and incorporated within, this Fourth Amendment
to the Lease.
PART 2:
Removal of abandoned 5-ton supplemental HVAC system that previously provided Tenant with
supplemental air conditioning to Tenant’s computer room on the first floor of the Premises. Work
under Part 2 of the Voice-Data Modifications shall include, but not limited to, removal of: i) the
split system equipment; ii) curbing; iii) control wiring; iv) piping; and v) electrical power circuits
and conduit. Work under Part 2 of the Voice-Data Modifications shall also include any necessary
repair to the roof membrane, the building structure and/or the Premises that may be required as a
result of the removal of the subject 5-ton supplemental HVAC system.