LEASE AMENDMENT RE IMMUNIZATION WITH BINDERUP.PDF
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LEASE No. L-7343 AMENDMENT No. 2 C-86-04-022-4-03 AMENDMENT No. 2 TO LEASE AGREEMENT BETWEEN BINDERUP INVESTMENTS, INC., DBA ARIZONA BRITTANY SQUARE, LLC, LESSOR AND MARICOPA COUNTY, LESSEE RECITALS A. Lessor and Lessee are parties to that certain Lease Agreement No. L-7343 dated and approved by Maricopa County Board of Supervisors November 19, 2003 and subsequently amended December 17, 2008 (the "Lease"). The Lease is for premises at 6666 West Peoria Avenue, Glendale, Arizona, consisting of 2,368 square feet of space. B. The term of the Lease expires on December 31, 2013. C. Lessor and Lessee now mutually desire to amend the current lease to create a new lease term, adjust the annual rent schedule, update notice address for Lessor, and make other modifications to the Lease as stipulated herein. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Lessee and Lessor agree to amend Lease No. L-7343 as follows: 1. The term of the Lease is hereby extended three (3) years, commencing January 1, 2014 and expiring December 31, 2016, unless terminated earlier as provided for in the Lease. 2. Section 10 of the original Lease Agreement is deleted in its entirety and replaced with the following: "Either Lessor or Lessee may terminate this Lease during the term, or renewal term, by giving the other party prior written notice by certified mail at least one hundred eighty (180) days in advance of intent to terminate. In the event Lessor or Lessee terminates this Lease during the term, or renewal term, the rent payment heretofore made by Lessee shall be pro-rated on the number of days remaining in the final month of occupancy. Lessor shall refund the pro-rated amount to Lessee within 30 days after termination. Lessee may terminate this Lease at the end of any fiscal year during the term, or renewal term, of the Lease provided that funds are not available from the governing legislature or funding body for continuation of the Lease. Lessee's fiscal year ends on June 30 of each year. This contract is subject to A.R.S. 38-511 and may be canceled pursuant thereto." 3. Lessee agrees to pay as base rent during the renewal term, in equal monthly installments, in the sums as follows: Year Rate Monthly Annual 2014 $16.00/sf $3,157.33 $37,888.00 plus rental tax 2015 $16.50/sf $3,256.00 $39,072.00 plus rental tax 2016 $17.00/sf $3,354.67 $40,256.00 plus rental tax 4. The effective date of this Amendment No. 3 is the date of execution by the Maricopa County Board of Supervisors. 5. Copies of all notices to be given to Lessor and all remittances shall be sent to Lessor at: Arizona Brittany Square, LLC c/o Desert Pacific Advisors, LLC 9393 North 90th Street, #207 Scottsdale, AZ 85258 6. This Lease is subject to termination pursuant to the provisions of A.R.S. 38-511. 7. The foregoing paragraphs contain all the changes made by this amendment. All other terms and conditions of the original agreement and as modified by subsequent lease amendment number one, remain the same and in full force and effect. LEASE No. L-7343 AMENDMENT No. 2 C-86-04-022-4-03 IN WITNESS WHEREOF, the parties have signed this Amendment LESSOR: Binderup Investments, Inc. LESSEE: Maricopa County DBA Arizona Brittany Square, LLC Board of Supervisors By: By: Douglas F. Binderup, President Chairman of the Board ATTEST: Date Clerk of the Board 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 grted under the laws of the State of Arizona.