2014-03-11 ENV SERVICES AT 1001 - AMENDMENT 12 TO LEASE L-7237 (2).DOCX
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LEASE No. L-7237 AMENDMENT No. 12 C-88-97-024-4-13 AMENDMENT No. 12 TO LEASE AGREEMENT L-7237 BETWEEN 1001 CENTRAL PARTNERS, LLC, LESSOR As Successor in Interest to CENTRAL ROOSEVELT I, LLC AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain lease Agreement No. L-7237 (Agreement) dated and approved by the Maricopa County Board of Supervisors October 16, 1996 and subsequently amended by Amendment No. 1 on December 19, 1996; Amendment No. 2 on December 2, 1998; Amendment No. 3 on January 2, 2000; Amendment No. 4 on April 19, 2000; Amendment No. 5 on August 27, 2003; Amendment No. 6 on March 3, 2004; Amendment No. 7 on November 1, 2006; Amendment No. 8 on September 2, 2009; Amendment No. 9 on November 17, 2010, Amendment No. 10 on January 12, 2011; and Amendment No. 11 on January 11, 2012 (together the “Agreement”). The Agreement is for leased premises at 1001 N. Central Ave., Phoenix, AZ, consisting of 38,456 rentable square feet of lease space. B. The term of the Agreement expires on August 31, 2016. C. Lessor and Lessee now mutually desire to amend the Agreement to acknowledge and document an extension of the lease term, establish rental rates during the lease term extension, and eliminate Lessor’s right to terminate the Agreement early for Lessor’s convenience. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Lessee and Lessor agree to amend Lease Agreement No. L-7237 as follows: 1. The term of the Agreement shall be extended through June 30, 2018, unless terminated earlier as provide for in the Agreement. The Agreement is subject to terminate pursuant to the provisions of A.R.S. 38-511. 2. Lessee agrees to pay as rent, in equal monthly installments, the sums as follows: Lease Year Rate Monthly Annual 9/1/13 – 8/31/14 17.50/s.f. $56,081.67 plus tax $672,980.00 plus tax 9/1/14 – 8/31/15 17.50/s.f. $56,081.67 plus tax $672,980.00 plus tax 9/1/15 – 8/31/16 18.00/s.f. $57,684.00 plus tax $692,208.00 plus tax 9/1/16 – 8/31/17 18.00/s.f. $57,684.00 plus tax $692,208.00 plus tax 9/1/17 – 6/30/18 18.50/s.f. $59,286.33 plus tax $711,436.00 plus tax 3. Section 12 of the original lease document is deleted in its entirety and replaced with the following: “LESSEE may terminate this agreement during the term hereof by giving LESSOR 90-days prior written notice on intent to terminate by certified mail. In the event LESSEE terminates this agreement during the term hereof, the rent payment heretofore made by LESSEE shall be prorated on the number of days remaining in the final month of occupancy. In the event of a rent overpayment by LESSEE, LESSOR shall refund the prorated amount to LESSEE within 30 days after termination.” 4. The effective date of this Amendment is the date of execution by the Chairman of the Maricopa County Board of Supervisors 5. The foregoing paragraphs contain all the changes made by this Amendment No. 12. All other terms and conditions of the original agreement and as modified by subsequent lease amendments number one, two, three, four, five, six, seven, eight, nine, ten and eleven remain the same and in full force and effect. ********************************************************************************************* LEASE No. L-7365 AMENDMENT No. 12 C-85-05-007-0-13 IN WITNESS WHEREOF, the parties have signed this Amendment: LESSOR: 1001 Central Partners, LLC LESSEE: Maricopa County By: ____________________________ By: __________________________ Patrick J. Davis Chairman of the Board of Supervisors Title: Manager Date: _________________ ATTEST: ____________________________ Clerk of the Board Date: __________________ This Amendment has been reviewed by the undersigned an 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 Date