L7455_AMD_7_DRAFT_MCAO_FINAL_6.24.24.PDF
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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