2014-02-20 LEASE AMENDMENT NO 2 - CAO AT LUHRS DRAFT.DOCX
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LEASE No. L-7417 AMENDMENT No. 02 C-19-11-006-1-02 AMENDMENT No. 2 TO LEASE AGREEMENT BETWEEN HHLuhrs, LLC, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor, HHLuhrs, LLC, an Arizona limited liability company and Lessee, Maricopa County, a political subdivision of the State of Arizona, are parties to that certain Lease Agreement No. L-7417 (the “Original Agreement”) approved by the Maricopa County Board of Supervisors and dated August 18, 2010, and as amended via Amendment No. 1 (the “First Amendment”) approved by the Maricopa County Board of Supervisors and dated October 29, 2010. The Agreement is for leased premises in that certain office building located in the development commonly known as the Luhrs Building (the “Building”) located at 11 West Jefferson, Phoenix, AZ, consisting of 71,200 rentable square feet of office space within Suites: Basement, 2000, 3000, 4000, 5000, 6000, 7000, 8000 and 9000 (“Premises”). B. The term of the Agreement began March 1, 2011, and expires April 30, 2016, unless terminated earlier as provided for in the Agreement. C. Lessor and Lessee now mutually desire to amend the Agreement to allow Lessee the right to install security equipment in the lobby of the Building and to operate a security screening station in the lobby of the Building upon the terms and conditions set forth in this Amendment No. 2 to Lease Agreement L-7417 (the “Second Amendment”) together with the Original Agreement and the First Amendment, the “Agreement”. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Lessee and Lessor agree to amend Lease No. L-7417 as follows: 1. The Lessee, at Lessee’s sole cost and expense, shall have the right to install the following security equipment in the vicinity of the security desk (the “Security Desk”) at the first floor lobby of the Building in the locations as shown in Exhibit “A” (the “Security Layout”) which exhibit is attached hereto and made a part hereof: LEASE No. L-7417 AMENDMENT No. 02 C-19-11-006-1-02 a) HI-SCAN 6046si Heimann X-Ray inspection system (the “X- Ray Equipment”); and b) CEIA PMD2 Plus Enhanced Walk-Through Multi-Zone Metal Detector (the “Metal Detector”); and c) Computer(s), monitor(s), radio(s), network equipment, communication equipment, stanchions, signage, floor mats and associated security equipment/materials (the “Miscellaneous Security Equipment”). 2. Lessee shall be solely responsible for the procurement, installation, hook-up, operation and maintenance of the X-Ray Equipment, the Metal Detector and the Miscellaneous Security Equipment. Lessor and Lessee acknowledge and agree that the X-Ray Equipment, the Metal Detector and the Miscellaneous Security Equipment are the personal property of Lessee and Lessee may, at Lessee’s sole discretion and cost, remove the X-Ray Equipment, the Metal Detector and the Miscellaneous Security Equipment from the Building upon termination of the Agreement or upon expiration of the Agreement. Lessor, at Lessee’s sole cost and expense not to exceed $4,000.00, shall provide electrical service of sufficient capacity, size, length and location to power the X-Ray Equipment, the Metal Detector and the first floor Security Desk (the “Electrical Service”). Lessee, at Lessee’s sole cost and expense, shall be responsible for the final connections of the Electrical Service directly to the X-Ray Equipment and/or the Metal Detector and/or the Miscellaneous Security Equipment. 3. Lessee, at Lessee’s sole cost and expense, shall have the right to install cabling to the Security Station for networking Lessee’s and/or Lessor’s security camera imaging, audio communication system(s), and/or network computer system(s) to the X-Ray Equipment and/or the Metal Detector and/or the Security Desk; together, the “Security Station”. 4. Lessee, at Lessee’s sole cost and expense, may operate the Security Station for the sole purpose of screening Lessee’s guests, visitors, invitees, vendors, contractors, and/or agents accessing the Lessee’s Premises. Lessee acknowledges the occupancy of third-party tenant(s) at the Building and Lessee agrees to cooperate fully to ensure unrestricted access to the Building (except for the Premises) of third-party tenant(s) and the guests, visitors, invitees, vendors, contractors, and/or agents of third-party tenant(s). In addition, Lessee agrees to cooperate fully to provide unrestricted access to the Building for Lessor and Lessor’s employees, guests, visitors, invitees, vendors, contractors, and/or agents. Lessee bears no responsibility or obligation for the activity of Lessor and Lessor’s guests, visitors, invitees, vendors, contractors and/or agents. Additionally, Lessee bears no LEASE No. L-7417 AMENDMENT No. 02 C-19-11-006-1-02 responsibility or obligation for activities of any third-party tenant(s) and the guests, visitors, invitees, vendors, contractors and/or agents of third-party tenant(s). 5. The effective date of this Second Amendment is the date executed by the Chairman of the Maricopa County Board of Supervisors. 6. The Agreement is subject to termination pursuant to the provisions of A.R.S. §38- 511. 7. The forgoing paragraphs contain all the changes made to the Agreement by this Second Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect. ************************************************************************ LEASE No. L-7417 AMENDMENT No. 02 C-19-11-006-1-02 IN WITNESS WHEREOF, the parties have signed this Second Amendment: LESSOR: LESSEE: HHLuhrs, LLC, an Arizona limited MARICOPA COUNTY liability company By: __________________________ Chairman of the Board of Supervisors By: __________________________ Name: __________________________ Title: __________________________ Date: __________________________ ATTEST: _____________________________ Clerk of the Board Date:_________________________ This First Amendment 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 LEASE No. L-7417 AMENDMENT No. 02 C-19-11-006-1-02 EXHIBIT “A” The Security Layout