AMENDMENT 5 TO LEASE L7457 RE SON RISE FAITH COMMUNITY CENTER, INC.PDF
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LEASE No. L-7457
C-22-15-045-1-05
AMENDMENT No. 5 TO LEASE AGREEMENT
BETWEEN
SON RISE FAITH COMMUNITY CENTER, INC.
AND
MARICOPA COUNTY
RECITALS
A.
Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and Son Rise Faith Community
Center, Inc., an Arizona non-profit corporation, (“Lessor”), are parties to that certain Lease Agreement No.
L-7457 dated February 18, 2015 and subsequently amended on May 24, 2015; June 7, 2017; May 20, 2020;
and June 9, 2021 (collectively, “Lease”). The Lease is for premises located at 800 West Galveston St,
Chandler AZ 85225, consisting of 1,527 square feet of Head Start and Early Head Start classroom space
and non-exclusive use of common area playground facilities (“Premises”).
B.
The term of the Lease expires on May 31, 2023.
C.
Lessee and Lessor now mutually desire to enter into this Amendment No. 5 (“Amendment”) to amend the
Lease to: (A) redefine premises; (B) modify and replace Exhibit “A”; (C) approve certain Lessee
improvements; (D) extend the term of the Lease; (E) provide an option to renew; (F) update and replace
termination language; (G) modify rental and utility rate; and (H) allow for counterpart signatures.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt
and sufficiency of which is hereby acknowledged, Lessee and Lessor agree to amend the Lease as follows:
1.
The Recitals, by this reference, are hereby incorporated into this Amendment.
2.
Capitalized terms used in this Amendment without definition shall have the meanings assigned to such
terms in the Lease, unless the context expressly requires otherwise.
3.
Section 1 of the Lease, Leased Premises, is modified and replaced in its entirety.
Lessor hereby leases to Lessee classroom space with adjoining restroom, playground, and meeting area as
shown on the attached Exhibit “A” (collectively, the “Premises”). Lessee shall have non-exclusive rights to
the playground, meeting area and restrooms; and exclusive use of the classrooms and adjoining restrooms
Monday – Friday from 7:30 AM – 5:00 PM. Lessor grants to Lessee for the benefit of Lessee and its employees,
suppliers, shippers, contractors, customers and invitees during the Term and any Renewal term, the non-
exclusive right to use, in common with others entitled to such use, the common areas which are defined as all
areas and facilities outside the Premises and within the boundary line of the Property and interior utility
raceways and installations within the Premises that are provided and designated by the Lessor from time to
time for the general non-exclusive use of the Lessor, Lessee and other tenants of the Property and their
respective employees, agents, suppliers, shippers, customers, contractors and invitees, including, but not limited
to, common entrances, lobbies, corridors, stairwells, public restrooms, elevators, parking areas, loading and
unloading areas, trash areas, roadways, walkways, driveways and landscaped areas (“Common Areas”).
4.
Exhibit “A” to the Lease shall be deleted in its entirety and replaced with Exhibit “A”, attached hereto and
incorporated by this reference. Upon completion of the Tenant Improvements as herein defined, the
Premises shall consist of 3,083 square feet of exclusive use and 2,040 square feet of non-exclusive use as
described on Exhibit “A”. All references in the Lease, as amended, to “Premises” shall mean the Premises
as modified pursuant to this Amendment.
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5.
Lessor acknowledges Lessee’s desire to make improvements to the Premises. Lessor authorizes Lessee to
make improvements to the Premises. These modifications are shown on the plans/scope that are listed in
Exhibit “B” to this Amendment, which Exhibit “B” (“Tenant Improvements”) is attached hereto and made
a part hereof. Tenant Improvements are the property of the Lessee. Lessee may, in its discretion, abandon
the Tenant Improvements or remove said Tenant Improvements and restore the Premises to its original
condition, ordinary wear and tear excepted.
5.1
Lessee shall be financially responsible for all costs associated with design, permitting, purchase
and installation of the work associated with the Tenant Improvements in an amount no greater
than three hundred and fifty thousand dollars and 00/100 ($350,000).
5.2
Lessee shall be responsible for performing the work required to complete the Tenant
Improvements. All work must conform to and be in substantial accordance in quality and
appearance with the quality and appearance of the improvements in the remainder of the building
where the Premises is located.
5.3
Prior to the commencement of the Tenant Improvements, Lessee shall ensure contractor has
purchased and maintains throughout construction all standard insurance coverage at levels
standard in the industry from a company or companies duly licensed by the State of Arizona and
require its subcontractors to maintain equivalent insurance based in their trade and participation
in the work.
5.4
Lessee hereby designates Leah Hanwell as its representative and agent for the purpose of
questions associated with the Tenant Improvements.
Maricopa County Facilities Management Department
Attn: Leah Hanwell
401 W Jefferson Street
Phoenix, Arizona 85003
605. 768. 0577
Leah.Hanwell@maricopa.gov
6.
The Lease term will be extended ten (10) years from the Commencement Date as hereinafter defined
(“Extension Period”). The Lease is subject to termination pursuant to the provisions of A.R.S. § 38-511.
This Lease may be terminated by Lessee at the end of any fiscal year due to non-appropriation of funds
without any penalty or liability to Lessee.
7.
Lessee shall have the option to renew the term of this Lease for one additional period of five (5) years. If
Lessee wants to exercise the option to renew, Lessee will provide Lessor written notice at least 90 days
prior to the term expiration date. The Lease shall be renewed upon mutual agreement by both parties in
writing.
8.
Section 28 of the Lease, as amended, shall be deleted in its entirety and replaced with the following:
Lessor and Lessee each reserve the right to terminate this Lease Agreement without cause at any time after
five (5) years from the Commencement Date of the Extension Period upon giving 12-months written notice
to the other. In the event Lessor or Lessee terminates this Lease during any term hereof, the rent theretofore
made by Lessee shall be prorated based on the number of days remaining in the final month of occupancy.
Lessor shall refund the prorated amount to Lessee within thirty (30) days after termination.
9.
Upon Lessee’s acceptance of the Tenant Improvements as complete, the parties will execute the
Memorandum of Commencement Date, in substantially the same format as the attached Exhibit “C”
(“Commencement Date”), and the monthly rental rate shall increase to five thousand three hundred ninety
five dollars and 25/100 ($5,395.25) and the monthly utility reimbursement rate shall increase to six hundred
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eight five ($685.00) dollars for the duration of the Extension Period. Three years from the Commencement
Date and every three years thereafter, Lessor may inform Lessee of proposed increase in the monthly utility
reimbursement rate. Upon Lessee’s approval, the parties may enter into an amendment to the Lease for
such increase.
10.
This Amendment may be executed in one or more counterparts and the signature pages combined to
constitute one document.
11.
The foregoing paragraphs contain all the changes made by this Amendment. All other terms and
conditions of the Lease remain the same and in full force and effect, except as herein amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below.
LESSOR:
LESSEE:
Son Rise Faith Community Center, Inc.
Maricopa County
By: _______________________________________
_______________________________________
Evangeline Colbert
Date
Jack Sellers
Vice President and Treasurer
Chairman of the Board of Supervisors
_______________________________________
ATTEST:
[Printed Name]
_______________________________________
Clerk of the Board
Date
APPROVED AS TO FORM:
_______________________________________
Deputy County Attorney
Date
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EXHIBIT “A”
Premises – Exclusive use of 3,083 sf and Non-exclusive use of 2,040 sf along with the playground
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EXHIBIT “B”
Tenant Improvements
Program: Maricopa County Human Services Department – Early Education Division
Project Request #22-078 – Son Rise Community Center
Project description:
See ATTACHMENT 1
Project Budget:
Amount no greater than $350,000
By signing below, each party acknowledges and concurs with the scope of this project and agrees that work may begin.
Contractor
Signature
Date
Owner
Signature
Date
Operator
Signature
Date
Maricopa County Human
Signature
Date
Services Department
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ATTACHMENT 1
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EXHIBIT “C”
Memorandum of Commencement Date
This Memorandum of Commencement Date is between Son Rise Faith Community Center, Inc. (“Lessor”) and
Maricopa County, a political subdivision of the State of Arizona (“Lessee”).
Lessor and Lessee have agreed to execute this Memorandum of Commencement Date to specify the
Commencement Date of the Extension Period, as it relates to the completion of the Tenant
Improvements of Premises.
NOW, THEREFORE, the Parties hereto confirm and agree as follows.
1) The Commencement Date of the Extension Period of the Lease is ___________
2) Monthly rental rate and monthly utility reimbursement rate of $6,080.25 for the Premises begins
to accrue as of ___________
3) The expiration date of the Lease is ___________
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Commencement Date, as of the date
and year written below.
LESSOR:
Son Rise Faith Community Center, Inc.
___________________________________
Evangeline Colbert
Date
Vice President and Treasurer
LESSEE:
Maricopa County
___________________________________
Director,
Date
Maricopa County Real Estate Department
APPROVED AS TO FORM:
___________________________________
Deputy County Attorney Date