LEASE RE L-7301 AMD 3 CAVE CREEKF.PDF
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Lease No. L-7301
Amendment No. 3
C-50-01-014-4-03
THIRD AMENDMENT TO LEASE
No. L-7301
THIS THIRD AMENDMENT TO LEASE (the “Agreement”), is by and between the
Town of Cave Creek (“Lessor”) and Maricopa County, a political subdivision of the State of
Arizona (“Lessee”), together (the “Parties”) and is dated as of August _______, 2020 (“Effective
Date”).
R E C I T A L S
WHEREAS, Lessee and Lessor entered into that certain Lease Agreement No. L-7301
dated September 6, 2000, (the “Lease”) and subsequently amended May 12, 2010 (the “First
Amendment”) and June 1, 2015 (the “Second Amendment”) (collectively, the “Lease”) for
Lessee’s use of 4,432 square feet of office space and use of common areas in the Town of Cave
Creek’s municipal complex located at 37622 North Cave Creek Road, Cave Creek, Arizona; and
WHEREAS, the Extended Term of the Lease expires August 31, 2020; and
WHEREAS, the Parties now desire to execute this Agreement and exercise Lessee’s option to
extend the term of the Lease and adjust the Lease rate.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
1.
Incorporation of Recitals/Capitalized Terms. The Recitals set forth above are deemed
to be true and accurate in all respects and are hereby incorporated into this Agreement by this
reference. Capitalized terms used in the Agreement shall have the same meanings as ascribed to
them as in the Lease unless otherwise expressly defined in this Agreement. In the event of any
conflict between the terms of the Lease and the terms of this Agreement, the terms of this
Agreement shall govern control.
2.
Effective Date. Unless otherwise set forth in this Agreement, the changes to the Lease
set forth herein will be effective as of the Effective Date.
3.
Term, Renewal Term. The term of the Lease is hereby extended for a period of sixty
(60) months, from September 1, 2020, to August 31, 2025, (the “Extended Term”) unless sooner
terminated as otherwise provided in the Lease. This Agreement is subject to the provisions of
A.R.S. §38-511 and may be terminated pursuant thereto. In the event of expiration of the Lease
without a fourth renewal, Lessor hereby grants to Lessee the right of continued
Lease No. L-7301
Amendment No. 3
C-50-01-014-4-03
occupancy of the Premises as a “Hold over tenant” on a “month to month” basis for up to six (6)
months at the Lease rate in effect at the time of expiration, payable monthly.
4.
Rent. The initial rent due from the Lessee during the first year of the Extended Term shall
be Eight Thousand Four Hundred Ninety Four Dollars and Sixty Seven Cents ($8,494.67) per
month plus rental taxes. Effective September 1, 2021, and annually thereafter, the rent shall
increase Fifty Cents ($0.50) per square foot as set forth below, plus additional rental tax.
Term
Per SF
Monthly rate
Annually
9-1-2020 to 8-31-2021
$23.00
$8,494.67
$101,936.00
9-1-2021 to 8-31-2022
$23.50
$8,679.33
$104,152.00
9-1-2022 to 8-31-2023
$24.00
$8,864.00
$106,368.00
9-1-2023 to 8-31-2024
$24.50
$9,048.67
$108,584.00
9-1-2024 to 8-31-2025
$25.00
$9,233.33
$110,800.00
5.
The foregoing paragraphs contain all the changes made by this Agreement. All other terms
and conditions of the original Lease and amendments thereto remain the same and in full force and
effect.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Lease No. L-7301
Amendment No. 3
C-50-01-014-4-03
LESSOR:
LESSEE:
Town of Cave Creek
Maricopa County
_____________________________________
____________________________________
Carrie Dyrek
Clint Hickman
Town Manager
Chairman of the Board
ATTEST:
ATTEST:
_____________________________________
____________________________________
Barbara Allen, Town Clerk
Date
Clerk of the Board
Date
APPROVED as to FORM:
APPROVED as to FORM:
_____________________________________
____________________________________
Town Attorney
Date
Deputy County Attorney
Date