LEASE RE L-7178 AMEND 9 CITY OF CHANDLER.PDF
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Lease No. L-7178
Amendment No. 9
C-22-05-115-4-09
AMENDMENT No. 9 (“Amendment”) to LEASE AGREEMENT
Between
CITY of CHANDLER (“Lessor”)
And
MARICOPA COUNTY (“Lessee”)
RECITALS
A.
Lessor and Lessee (collectively, the “Parties”) are Parties to that certain Lease Agreement
No. L-7178 dated December 13, 2004 and subsequently amended on November 14, 2007,
February 11, 2010, January 3, 2012, October 31, 2012, April 26, 2013, March 17, 2015,
March 23, 2016 and June 7, 2017 (collectively, the “Agreement”). The Agreement is for
the use of approximately 2,200 square feet of classroom space at 660 South Palm Lane,
Arizona.
B.
The term of the Agreement expires on June 30, 2020.
C.
Lessor and Lessee now mutually desire to enter into this Amendment to extend the term of
the Agreement, add insurance language, update notice addresses for Lessee, provide for
counterpart signatures and incorporate the attached Addendum to Lease Agreement,
attached hereto as Exhibit A and by this reference made a part hereof.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee
now agree to amend the Agreement as follows:
1.
The Recitals, by this reference, are incorporated into this Agreement.
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 is hereby extended two (2) years, commencing on July 1, 2020
and expiring on June 30, 2022. The Agreement is subject to termination pursuant to the
provisions of A.R.S. §38-511, the provisions of which are incorporated herein by this
reference.
4.
During the term commencing on July 1, 2020 and expiring on June 30, 2022, Lessee agrees
to pay as base rent in equal monthly installments, the sums as follow:
Monthly
Fiscal Year
$333.33
$3,999.96
Lease No. L-7178
Amendment No. 9
C-22-05-115-4-09
5.
Lessee shall procure insurance under the terms and conditions and for the amounts of
coverage listed in the Addendum, attached hereto and made a part hereof, for claims that
may arise from or relate to performance of the work under this Agreement by Lessee and
its agents, representatives, employees, and subcontractors. Lessee and any subcontractors
must maintain this insurance until all of their obligations have been discharged. These
insurance requirements are minimum requirements for this Agreement and in no way limit
the indemnity covenants contained in this Agreement. The City in no way warrants that the
minimum limits stated in the Addendum are sufficient to protect the Lessee from liabilities
that might arise out of the performance of the work under this Agreement by the Lessee,
its agents, representatives, employees, or subcontractors.
6.
Lessee notice address is updated as follows:
To Lessee:
Maricopa County Real Estate Dept.
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
With copy to: Maricopa County Human Services Dept.
Attn: Director
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85003
7.
This Amendment may be executed in two counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Faxed and
email copied signatures are acceptable as original signatures.
8.
The effective date of this Amendment is the date of execution by the Maricopa County
Board of Supervisors.
9.
The foregoing paragraphs contain all the changes made by this Amendment. All other
terms and conditions of the original Agreement and subsequent amendments remain the
same and in full force and effect.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Lease No. L-7178
Amendment No. 9
C-22-05-115-4-09
IN WITNESS WHEREOF, the Parties have signed this Amendment.
LESSOR: City of Chandler, a Arizona Municipal Corporation
____________________________________
Kevin Hartke,
Mayor
ATTEST:
_____________________________________
City Clerk
Date
APPROVED as to FORM:
_____________________________________
City Attorney
Date
Lease No. L-7178
Amendment No. 9
C-22-05-115-4-09
LESSEE: Maricopa County, a political subdivision of the State of Arizona
____________________________________
Clint L. Hickman
Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board
Date
APPROVED as to FORM:
____________________________________
Deputy County Attorney
Date
Lease No. L-7178
Amendment No. 9
C-22-05-115-4-09
Exhibit A
Addendum to Lease Agreement
Insurance – General.
A.
Lessor acknowledges Lessee is self-insured. At the same time as execution of this
Agreement, Lessee shall furnish proof of self-insurance with limits that meet or exceed
all minimum requirements of this Agreement.
B.
Lessee and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this Agreement.
D.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Lessee from,
nor will it be considered a waiver of its obligation to maintain the required insurance
at all times during the performance of this Agreement.
E.
Use of Subcontractors: If any work is subcontracted in any way, Lessee shall execute
a written contract with Subcontractor containing similar Indemnification provisions
and shall set minimum insurance at or above the limits required by this Agreement.
Lessee is responsible for executing the Agreement with the Subcontractor and
obtaining Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. Lessee shall provide coverage with limits of liability
not less than those stated below.
A.
Commercial General Liability-Occurrence Form. Lessee must maintain “occurrence”
form Commercial General Liability insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 aggregate. Said insurance must also include coverage
for products and completed operations, independent contractors, personal injury and
advertising injury. If any Excess insurance is utilized to fulfill the requirements of this
paragraph, the Excess insurance must be “follow form” equal or broader in coverage
scope than underlying insurance.
B.
Workers Compensation and Employers Liability Insurance: Lessee must maintain
Workers Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Lessee’s employees engaged in the performance of work
or services under this Agreement and must also maintain Employers’ Liability
insurance of not less than $1,000,000 for each accident and $1,000,000 disease for each
employee.
Additional Policy Provisions Required.
Lease No. L-7178
Amendment No. 9
C-22-05-115-4-09
A.
Self-Insured Retentions or Deductibles will be the sole responsibility of the
Lessee. Lessee’s insurance coverage must be primary insurance with respect to
Lessor, its officers, officials, agents, and employees. Any insurance or self-
insurance maintained by Lessor, its officers, officials, agents, and employees shall
be in excess of the coverage provided by Lessee and must not contribute to it.
B.
Insurance Cancellation During Term of Agreement.
1. If any of the required policies expire during the life of this Agreement, Lessee must
forward renewal or replacement Certificates within 10 days after the renewal date
containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Agreement shall
provide the required coverage and shall not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to Lessor, except
when cancellation is for non-payment of premium, then ten (10) days prior notice
may be given. Such notice shall be sent directly to Chandler Law-Risk
Management Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona
85225. If any insurance company refuses to provide the required notice, Lessee or
its insurance broker shall notify Lessor of any cancellation, suspension, non-
renewal of any insurance within seven (7) days of receipt of insurers’ notification
to that effect.