L7455_AMD_7_DRAFT_MCAO_FINAL_6.24.24.PDF

Maricopa County — Formal (2024-07-24)

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LEASE No. L7455 
 
 
 
 
 
 
 
 
C-86-15-016-1-07 
 
 
SEVENTH AMENDMENT TO LEASE AGREEMENT 
BETWEEN 
 ST. MARY’S FOOD BANK ALLIANCE (“LESSOR”) 
AND 
MARICOPA COUNTY (“LESSEE”)  
 
RECITALS 
 
A. 
Lessor and Lessee are parties to that certain Lease Agreement dated September 10, 2014, 
and subsequently amended by the First Amendment dated October 4, 2017; the Second 
Amendment dated August 15, 2018; the Third Amendment dated October 9, 2019; the 
Fourth Amendment dated August 19, 2020; the Fifth Amendment dated October 6, 2021; 
and the Sixth Amendment dated September 14, 2022 (collectively, “Agreement”). The 
Agreement is for the use of 6,400 square feet of office and clinic space at 3003 W. 
Thomas Rd., Phoenix, AZ 85009.   
 
B. 
The term of the Agreement expires on October 31, 2024. 
 
C. 
Lessor and Lessee now mutually desire to enter into this Seventh Amendment to the 
Agreement (“Amendment”) to extend the term for two (2) years, document the rental 
payments during the extension period, and provide for early termination by Lessor. 
 
AGREEMENT 
 
NOW THEREFORE, in consideration of the foregoing and other good and valuable 
consideration, the sufficiency and adequacy of which is hereby acknowledged, Lessor 
and Lessee agree to amend the Agreement 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 Agreement unless the context expressly requires otherwise. 
 
3. 
The term of the Agreement in the first phrase of the fourth paragraph of the Lease 
Agreement, as amended by Section 1 of the First Amendment, and Section 3 of the 
Second through Sixth Amendments of the Agreement is deleted in its entirety and 
replaced with the following: 
 
The term of the Agreement is hereby extended for two (2) years, to commence on 
November 1, 2024 and expire on October 31, 2026. This Agreement is subject to the 
provisions of A.R.S. § 38-511, the provisions of which are incorporated herein by this 
reference and 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. County and state fiscal 
years end June 30, Federal fiscal year ends September 30.  
 
DocuSign Envelope ID: BD60F7F0-F36C-43C3-A06B-E44E506C1688

LEASE No. L7455 
 
 
 
 
 
 
 
 
C-86-15-016-1-07 
 
4. 
Monthly rental payments under the fifth paragraph of the Lease Agreement, as amended 
by Section 4 of the Second, Fifth and Sixth Amendments are hereby deleted in their 
entirety and replaced with the following:   
 
During the extension, Lessee agrees to pay as rent, in equal monthly installments, the 
sums as follows: 
 
Extended Lease Term  
Rate 
 
Monthly 
 
Annually  
       11/1/2024 to 10/31/2025 
$11.21/s.f.        $5,976.74 plus tax          $71,720.96 plus tax 
11/1/2025 to 10/31/2026 
$11.54/s.f.        $6,156.04 plus tax          $73,872.59 plus tax 
 
5. 
The Agreement is hereby amended to include the additional paragraph as follows: 
 
Lessor may terminate this Agreement after giving no less than 180-days prior written 
notice only on or after May 1, 2025, to Lessee by certified mail, return receipt requested, 
of intent to terminate and date of termination.  In the event Lessor terminates this 
Agreement early, the rental payment 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 30 days after termination.  Rather than early 
termination, if Lessor and Lessee agree to a reduction in use of the square footage, Lessor 
and Lessee agree to amend the Agreement to allow for the contraction of space along 
with associated rents and term. 
 
6. 
Any individual executing this Amendment or Agreement on behalf of or as representative 
for a corporation or other person, firm, partnership or entity represents and warrants that 
he/she is duly authorized to execute and deliver this Amendment or Agreement on behalf 
of said corporation, person, firm, partnership or other entity and that this Amendment or 
Agreement is binding on said entity in accordance with its terms.   On or before the 
execution of this Amendment or Agreement, any individual executing this Amendment or 
Agreement on behalf of Lessor shall provide documentation as reasonably approved by 
Lessee that he/she is duly authorized to execute and deliver this Amendment or 
Agreement on behalf of Lessor and that this Amendment or Agreement is binding on said 
entity in accordance with its terms.  
 
7. 
Unless otherwise set forth in this Amendment, the changes to the Agreement set forth 
herein will be effective as of the date the Amendment is fully executed by the Parties. 
 
8. 
The foregoing paragraphs contain all the changes made by this Amendment.  All other 
terms and conditions of the Agreement remain the same and in full force and effect. 
 
 
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 
 
DocuSign Envelope ID: BD60F7F0-F36C-43C3-A06B-E44E506C1688

LEASE No. L7455 
 
 
 
 
 
 
 
 
C-86-15-016-1-07 
 
 
 
IN WITNESS WHEREOF, the parties have signed this Amendment. 
 
 
LESSOR: St. Mary’s Food Bank Alliance  
  
 
 
 
 
 
 
 
____________________________________ 
 
Milton Liu, President and CEO 
Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: BD60F7F0-F36C-43C3-A06B-E44E506C1688
6/27/2024

LEASE No. L7455 
 
 
 
 
 
 
 
 
C-86-15-016-1-07 
 
 
LESSEE: Maricopa County, a political subdivision of the State of Arizona 
 
 
____________________________________ 
Chairman of the Board of Supervisors   Date 
 
 
 
 
 
 
 
ATTEST: 
 
 
____________________________________ 
Clerk of the Board 
 
 
Date 
 
 
APPROVED as to FORM: 
 
 
____________________________________ 
Deputy County Attorney 
 
Date 
DocuSign Envelope ID: BD60F7F0-F36C-43C3-A06B-E44E506C1688
7/2/2024