AMENDMENT NO 3 RE LEASE L-7330 WITH VINEYARD-KIOWA LLC.DOC

Maricopa County — Formal (2014-02-26)

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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