LEASE AMENDMENT NO 9 - ADULT PROBATION NORTHPORT.DOC

Maricopa County — Formal (2014-01-08)

View PDF Item 25 Meeting page

Extracted text (via pymupdf_layout) 10406 characters
LEASE No. C-5422 AMENDMENT No. 09
C-11-97-006-4-09
AMENDMENT No. 9 TO LEASE AGREEMENT
BETWEEN
3101 EAST SHEA BLVD LLP, LESSOR
AND
MARICOPA COUNTY, LESSEE
RECITALS
A. Lessor, 3101 East Shea Blvd, LLP, an Arizona limited liability partnership, as
successor in interest to Earl Property Fund I, LLC, and as successor in interest to
Parrish-Nauert dba Arcos Investment Company, and Lessee, Maricopa County, a
political subdivision of the State of Arizona, are parties to that certain Lease
Agreement No. C-5422 dated August 11, 1988, and subsequently amended and/or
restated via Amendment No. 1 recorded August 11, 1989; Amendment No. 2
recorded October 13, 1989; Amendment No. 3 effective July 1, 1990;
Amendment No. 4 executed by the Chairman of the Maricopa County Board of
Supervisor on March 4, 1991; restated Lease Agreement No. C-5422 dated June
7, 1994; Amendment No. 5 executed by the Chairman of the Maricopa County
Board of Supervisors on May 28, 1997; Amendment No. 6 executed by the
Chairman of the Maricopa County Board of Supervisors on May 8, 2002;
Administrative Amendment No. 7 to document change of ownership of the
Property effective November 01, 2005; and Amendment No. 8 executed by the
Chairman of the Maricopa County Board of Supervisors on January 14, 2009;
together the “Agreement”. The Agreement is for leased premises in that certain
office building located in the development commonly known as Shea Professional
Plaza (the “Property”) located at 3101 E. Shea Boulevard, Phoenix, AZ,
consisting of 8,625 rentable square feet of office space at the Property (the
“Premises”).
B. The current term of the Agreement expires on March 31, 2014.
C. Lessor and Lessee (together, the “Parties”) now mutually desire to amend the
Agreement to extend the lease term, adjust the rent payment schedule, provide for
a renewal option, and outline the scope of improvements to be made to the
Premises and to the Property upon the terms and conditions set forth in this
Amendment No. 9 to the Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other valuable
considerations, the Parties agree to amend Lease No. C-5422 as follows:

LEASE No. C-5422 AMENDMENT No. 09
C-11-97-006-4-09
1. The term of the Agreement is hereby extended sixty (60) months, commencing
April 01, 2014, and expiring March 31, 2019, unless terminated earlier as provide
for in the Agreement. Lessee shall have an option to renew this Agreement for an
additional five (5) year term at the market rental rate in effect at the time of the
renewal.
2. Notices to Lessee shall be sent to:
Maricopa County
Attention: Real Estate Manager
301 W. Jefferson, Suite 960
Phoenix, Arizona 85003
3. Notices to Lessor shall be sent to:
3101 East Shea Blvd, LLP
c/o Michael A. Scott, Managing Agent for 3101 East Shea Blvd, LLP
3240 E. Union Hills Drive, Suite 143
Phoenix, AZ 85028
4. The Agreement is subject to termination pursuant to the provisions of A.R.S. 38-
511.
5. Lessee shall pay to Lessor as rent, in monthly installments, the following sums:
Lease Month and Year Rate Monthly
04/1/2014 to 03/31/2015 $20.75/sf $14,914.06 plus rental tax
04/1/2015 to 03/31/2016 $18.36/sf $13,196.25 plus rental tax
04/1/2016 to 03/31/2017 $18.73/sf $13,462.19 plus rental tax
04/1/2017 to 03/31/2018 $19.10/sf $13,728.13 plus rental tax
04/1/2018 to 03/31/2019 $19.48/sf $14,001.25 plus rental tax
6. Lessor, at Lessor’s sole cost and expense, shall replace the carpet in the interview
rooms of the Premises with tile floor covering of a quality, grade, style and color
that is mutually acceptable to the Parties (the “Interview Room Work”). Lessor
shall complete the Interview Room Work on, or before, September 30, 2014.
Lessee, at Lessee’s sole cost and expense, shall remove and replace Lessee’s
personal property in the interview rooms as may be necessary to facilitate
Lessor’s Interview Room Work.
7. Lessor, at Lessor’s sole cost and expense, shall replace the hard flooring in the
men’s restroom, the women’s restroom, and the testing restroom with new hard

LEASE No. C-5422 AMENDMENT No. 09
C-11-97-006-4-09
flooring of a quality, grade, style and color that is mutually acceptable to both
Parties (the “Restroom Work”). Lessor shall complete the Restroom Work on, or
before, September 30, 2014. Lessee, at Lessee’s sole cost and expense, shall
remove and replace Lessee’s personal property in the restroom areas as may be
necessary to facilitate Lessor’s Restroom Work.
8. Lessor, at Lessor’s sole cost and expense, shall replace the remaining floor
covering throughout the Premises with like-for-like product that is mutually
agreeable to the Parties (the “Reflooring Work”). Lessor shall complete the
Reflooring Work on, or before, September 30, 2014. Lessee, at Lessee’s sole cost
and expense, shall remove and replace Lessee’s personal property in the Premises
as may be necessary to facilitate Lessor’s Reflooring Work.
9. Lessor, at Lessor’s sole cost and expense, shall complete the following electrical
work (the “Electrical Work”):
i) Provide and install a new dedicated 20 amp electrical
circuit from Lessor’s electrical panel to the front office in
Suite 109 of the Premises and install one 20 amp electrical
receptacle in Suite 109 of the Premises in a location as
identified by Lessee; and
ii) Provide and install four (4) single pole on/off control
switches in four (4) different offices with three (3) of the
swiches to be installed in Suite 109 and one (1) switch to be
installed in the “Quiet Room” as identified by Lessee for
the purpose of controlling the overhead lighting in the
affected offices; and
iii) Install Lessee-provided ceiling fan in lobby area of Suite
109 of the Premises; and
iv) Install a new light fixture of adequate size and lumens in a
closet area within Suite 109 of the Premises and install a
single pole on/off control switch to control the new light
fixture.
Lessor shall complete the Electrical Work on, or before, September 30, 2014.
10. Lessor, at Lessor’s sole cost and expense, shall complete touch-up painting work
throughout the Premises. Lessor shall complete said touch-up painting work on,
or before, April 1, 2014.
11. Lessor, at Lessor’s sole cost and expense, shall correct the locking mechanism on
the outdoor courtyard gates at the Property to allow for easy and efficient locking

LEASE No. C-5422 AMENDMENT No. 09
C-11-97-006-4-09
and unlocking. Lessor shall complete said corrective work to the outdoor
courtyard gates on, or before, April 1, 2014.
12. Lessor, at Lessor’s sole cost and expense, shall install window film covering in
the area of the Lessee’s security station. The window film shall be of sufficient
area, size, quality and opacity to prevent any visual observation of the security
station’s operations from any outdoor position or any outdoor vantage point.
Lessor shall complete the window film installation on, or before, April 1, 2014.
13. Lessor, at Lessor’s sole cost and expense, shall complete the following outdoor
lighting work at the Property (the “Outdoor Lighting Work”):
i) On the south side of the building, replace the three (3) wall
packs facing the south parking lot.
ii) Replace the pole light fixtures in the south parking lot and
the light fixtures near the parking shade structure with
high-lumen LED fixtures and lamps.
Lessor shall complete the Outdoor Lighting Work on, or before, September 30,
2014.
14. Lessor, at Lessor’s sole cost and expense, shall complete the following heating,
ventilation and air conditioning work at the Property (the “HVAC Work”) as
described in Lessor’s report provided to Lessee on, or about, October 2, 2013:
i) Replace thermostats in the following areas:
a. Intake/Screening area
b. East wall large cubical area
c. South wall large bull pen area
d. Middle hallway
e. North hallway
ii) Replace four (4) broken thermostat guards/covers.
iii) Repair broken supply ductwork for the west building
interior zone.
iv) Test and set all thermostats linked to the Honeywell Zone
controllers and individual zone dampers to insure proper
HVAC working operations throughout the Premises.
Lessor shall complete the HVAC Work on, or before, April 1, 2014.
15. Lessor, at Lessor’s sole cost and expense, shall complete the following parking lot
work at the Property (the “Parking Lot Work”):

LEASE No. C-5422 AMENDMENT No. 09
C-11-97-006-4-09
i) Repair all pot holes in asphalt in the parking lot areas and
the drive areas.
ii) Repair all cracks in the asphalt in the parking lot areas and
the drive areas.
iii) Provide commercial grade sealant or coating to the parking
lot areas and the drive areas.
iv) Restripe the parking lot areas and drive areas as necessary.
v) Remove all impediments to the proper storm water
drainage of the parking lot areas and drive areas at the
Property.
Lessor shall complete the Parking Lot Work on, or before, April 1, 2014.
16. Lessor, at Lessor’s sole cost and expense, shall complete all work at the Property
and the Premises in accordance with all current laws, ordinances, regulations and
code requirements includeing, but not limited to, any and all laws, ordinances,
regulations and code requiremetns governing lead-based paint, asbestos
containing materials, and presumed asbestos containing materials.
17. The effective date of this Amendment No. 9 is the date of execution by the
Maricopa County Board of Supervisors.
18. The foregoing paragraphs contain all the changes made to the Agreement by this
Amendment No. 9. All other terms and conditions of the Agreement remain the
same and in full force and effect.
************************************************************************

LEASE No. C-5422 AMENDMENT No. 09
C-11-97-006-4-09
IN WITNESS WHEREOF, the parties have signed this Amendment No. 9:
LESSOR: LESSEE:
3101 EAST SHEA BLVD, LLP, MARICOPA COUNTY
an Arizona limited liability partnership
By: __________________________
By: __________________________
Chairman of the Board of Supervisors
Name: __________________________
Title: __________________________
Date: __________________________
ATTEST:
_____________________________
Clerk of the Board
Date:_________________________
This Amendment No. 9 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