AMENDMENT NO 3 RE LEASE L-7330 WITH VINEYARD-KIOWA LLC.DOC
Extracted text (via pymupdf_layout)
4191 characters
LEASE NO L-7330 AMENDMENT NO. 03 C-22-03-110-4-03 AMENDMENT No. 3 TO LEASE AGREEMENT BETWEEN VINEYARD/KIOWA, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, BY PRESSON CORP., an ARIZONA CORPORATION, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Lease Agreement No. L-7330, approved by the Maricopa County Board of Supervisors on December 18, 2002, and subsequently amended via Amendment No. 1 on May 21, 2008, and via Amendment No. 2 on May 11, 2011, together, the “Agreement”. The Agreement is for premises at 2150-1 South Country Club Road, Suite 7, Mesa, AZ, consisting of 18,508 rentable square feet of office space. B. The term of the Agreement expires on May 31, 2014. C. Lessor and Lessee now mutually desire to amend the Agreement to create a new lease term, provide for renewal options, identify reserved parking for Lessee, and adjust the annual rent schedule. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Lessee and Lessor agree to amend the Agreement as follows: 1. The term of the Agreement is hereby extended one (1) year, commencing June 1, 2014, through May 31, 2015, with four (4) one-year renewal options at the sole discretion of the Lessee, unless terminated earlier as provided for in the Agreement. Lessee shall give notice to Lessor at least ninety (90) days prior to the expiration date of the Agreement of Lessee’s intent to extend the term of the Agreement through Lessee’s one-year renewal option. This agreement is subject to termination pursuant to the provisions of A.R.S. 38-511. Lessee may terminate the Agreement with one hundred twenty (120) days prior written notice. Notwithstanding any term or condition of the Agreement, Lessee may terminate the Agreement at the end of any fiscal year provided that funds are not available from the governing legislature or funding body. Lessee’s fiscal year ends June 30th of each year. Lessor and /or any of its employees, agents, officers, directors, members, successors or assigns hereby waive any and all rights to bring any claim against Lessee or its employees, agents, officers, directors, members, successors or assigns from, or related in any way to, Lessee’s termination of this Agreement pursuant to this Paragraph 1 of Amendment No. 3. 2. Lessee agrees to pay as rent, in equal monthly installments, the sums as follows: Lease Year Rate Monthly Annual 6/1/14 – 5/31/15 $17.50/s.f. $26,990.83 plus tax $323,890.00 plus tax 1st Option Year Rate Monthly Annual 6/1/15 – 5/31/16 $17.50/s.f. $26,990.83 plus tax $323,890.00 plus tax 2nd Option Year Rate Monthly Annual 6/1/16 – 5/31/17 $18.00/s.f. $27,762.00 plus tax $333,144.00 plus tax 3rd Option Year Rate Monthly Annual 6/1/17 – 5/31/18 $18.00/s.f. $27,762.00 plus tax $333,144.00 plus tax 4th Option Year Rate Monthly Annual 6/1/18 – 5/31/19 $18.50/s.f. $28,533.17 plus tax $342,398.00 plus tax 3. Lessor, at no cost to Lessee, shall make changes to the parking lot to provide Lessee three (3) reserved uncovered parking spaces for use by Lessee’s visitors, clientele, agents and guests. 4. The effective date of this amendment is the date of execution by the Maricopa County Board of Supervisors. 5. The foregoing paragraphs contain all the changes made by this Amendment No. 3. All other terms and conditions of the original agreement and subsequent amendments remain the same and in full force and effect. LEASE NO L-7330 AMENDMENT NO. 03 C-22-03-110-4-03 IN WITNESS WHEREOF, the parties have signed this Amendment No. 3: LESSOR: Vineyard/Kiowa, LLC, an LESSEE: Maricopa County Arizona Limited Liability Company By: Presson Corp., an Arizona By: ________________________ Corporation Chairman of the Board of Supervisors Its: General Manager ATTEST: _____________________________ ____________________________ Daryl R. Burton, President Clerk of the Board Date:__________________ Date:__________________ This 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 Date