L7453_1850N95THAVE_AMD2CLEAN.PDF

LEASE No. L-7453 
 
 
 
 
 
 
    
AMENDMENT No. 02 
C-86-15-005-1-05 
 
 
1 
 
SECOND AMENDMENT TO 
OFFICE LEASE 
 
DATE: 
July 1, 2022 
PARTIES 
 
 
Landlord: 
Higley Project, LLC, a Wyoming limited liability 
company 
 
Tenant: 
Maricopa County, a political subdivision of the 
State of Arizona 
 
PREMISES: 
1850 North 95th Ave., Suite 182, Phoenix AZ 
85037 
SQUARE FOOTAGE: 
Approximately 4,702 rentable square feet 
 
PREAMBLE 
A. 
Tenant is a party to that certain Office Lease dated July 30, 2014 and amended November 20, 2019 
(the “Lease”); 
 
B. 
Landlord is the successor-in-interest to HF1-D Phoenix 1706, LLC, a Delaware limited liability 
company, which was successor-in-interest to SWRE Deal V Building, LLC. 
C. 
The Lease is currently set to expire on January 31, 2023 (the “Lease Expiration Date”). 
D. 
Landlord and Tenant now desire to amend the Lease by executing this Second Amendment to the 
Lease (the “Amendment”).   
 
AGREEMENT 
In consideration of the following terms and conditions, the parties agree as follows: 
 
1. INCORPORATION OF THE PREAMBLE 
1.1. 
Incorporation Clause. The provisions set forth in the Preamble, above, are incorporated by reference 
herein. 
2. AMENDMENTS AND ADDITIONAL PROVISIONS.  The Lease is amended as follows: 
2.1. 
Landlord Address.  Section 1.2 of the Lease is hereby amended as follows: 
 
  
Landlord's Notice Address:  
  
ACM/Arizona Commercial Management 
  
C/O Higley Project, LLC 
  
2122 E. Highland Avenue, Suite 450 
  
Phoenix, AZ 85016

LEASE No. L-7453 
 
 
 
 
 
 
    
AMENDMENT No. 02 
C-86-15-005-1-05 
 
 
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2.2. 
Extension Term.  
 
a. Extension Term. Provided that the Lease is in full force and effect and Tenant shall have 
fully performed all of its terms and conditions up to and including the Lease Expiration Date, the term of this Lease, 
is hereby extended commencing on February 1, 2023 and ending on April 30, 2024 (the “Extension Term”).  
b. A.R.S. Sec. 38-511 Acknowledgement.  Landlord and Tenant acknowledge that this Lease is 
subject to termination pursuant to the provisions of Section 38-511 of Arizona Revised Statutes.  Landlord and/or 
any of its employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights to 
bring claim against Tenant or its employees, agents, officers, directors, members, successors or assigns from or 
relating in any way to Tenant’s termination of this Lease pursuant to aforementioned statute.  
c. Lease Term.  For the purpose of determining the duration of rights, obligations, and duties 
set forth in the Lease, the “Term” of the Lease shall include the original Lease Term set forth in Section 1.6 thereof, 
together with all prior extension periods ending on the current Lease Expiration Date, and shall include the Extension 
Term if and to the extent such Extension Term commences in accordance with provisions of subsection (a) of this 
Section. 
2.3. 
Base Rent.  For the duration of the Extension Term, the Annual Rent, and the corresponding Monthly 
Installments) payable for the Premises (which does not include electrical expenses related to the Premises, which 
expenses Tenant pays for directly) shall be as follows: 
Extension 
Months 
Annual Base Rent* 
Monthly Installment* 
15 
 $                 119,901.75  $                          $9,991.75 
 
*plus applicable sales and transaction privilege taxes at the current rate of 2.9%, with any increased rates as 
actually and directly levied in the future. 
2.4. 
Brokers.  Each party represents and warrants to the other that no broker, agent, or finder negotiated 
this instrument or was instrumental in negotiating or consummating this Amendment.  Each party agrees to defend, 
indemnify, and hold harmless the other party from and against any claim for commission or finder’s fee by any 
person or entity who claims or alleges that they were retained or engaged by the indemnifying party or at the request 
of such party in connection with this Amendment.  
3. EFFECT OF THIS AMENDMENT 
3.1. 
The terms set forth in this Amendment constitute the entire agreement and understanding of Landlord 
and Tenant in connection with the terms amended herein and supersede all prior discussions thereof or negotiations 
pertaining thereto.  The Lease shall continue in full force and effect for the entire duration of the Extension Term, 
except that the terms set forth in this Amendment shall supersede any inconsistent terms of the Lease.  
3.2. 
Notwithstanding anything to the contrary herein, this Amendment shall be null and void if this Lease 
is not in full force and effect or Tenant shall have not fully performed all of its terms and conditions as of Lease 
Expiration Date. 
3.3. 
This Amendment may be executed in two or more counterparts, each of which shall be deemed an 
original but all of which together shall constitute one and the same instrument. Electronic signatures shall have the 
same force and effect as original signatures.  
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year 
first above written. 
 
[Signatures on the Next Page]

LEASE No. L-7453 
 
 
 
 
 
 
    
AMENDMENT No. 02 
C-86-15-005-1-05 
 
 
3 
 
 
 
LANDLORD: 
HIGLEY PROJECT, LLC 
a Wyoming limited liability company 
 
 
 
 
 
 
 
By: 
 
 
 
 
 
 
 
 
 
 
 
 
Print Name: 
 
 
 
 
 
 
 
 
 
 
 
Title: 
 
 
 
 
 
 
Date:

LEASE No. L-7453 
 
 
 
 
 
 
    
AMENDMENT No. 02 
C-86-15-005-1-05 
 
 
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TENANT: 
 
 
 
 
 
 
MARICOPA COUNTY 
 
 
 
 
 
 
 
By: 
 
 
 
 
 
 
 
 
 
 
 
 
Print Name: 
Bill Gates 
 
 
 
 
 
 
Title: 
Chairman of the Board of Supervisors 
Date: 
 
 
 
 
 
 
 
 
ATTEST: 
 
 
 
 
 
 
By: 
 
 
 
 
 
 
 
 
 
 
 
 
 
Clerk of the Board 
Date: 
 
 
 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
By: 
 
 
 
 
 
 
 
 
 
 
 
 
 
Deputy County Attorney 
Date: