LEASE L-7493 AMD 1 RE THE NEW FOUNDATION.PDF

Maricopa County — Formal (2020-05-06)

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Lease No. L-7493 
 
 
 
 
 
  
C-22-20-030-1-01 
 
1 
 
 
AMENDMENT NO. 1 TO LEASE AGREEMENT 
BETWEEN 
MARICOPA COUNTY  
AND  
THE NEW FOUNDATION  
 
 
RECITALS 
 
A. 
Maricopa County, a political subdivision of the state of Arizona (“Lessee”), and The New Foundation, an 
Arizona non-profit corporation, (“Lessor”) are parties to that certain Lease Agreement No. L-7493 dated 
April 8, 2020 (“Agreement”).  The Agreement is for premises located at 1200 N 77th Street, Scottsdale, AZ 
85257, consisting of 9,000 square feet of medical/healthcare facility space (“Premises”). 
 
B. 
The term of the Agreement expires on July 7, 2020. 
 
C. 
Lessee and Lessor now mutually desire to enter into this Amendment No. 1 (“Amendment”) to amend the 
Agreement to: 1) replace Sections 3.1 and 3.2 of the Agreement, 2) replace Section 5.1 of the Agreement, 
and 3) amend the internet installation reimbursement fee amount due by Lessee.   
 
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 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. 
Effective upon full execution of this Amendment by the Parties, Sections 3.1 and 3.2 of the Agreement are 
hereby deleted in their entirety and replaced with the following:  
 
3.1   
Rent. Within thirty (30) days of receipt of an invoice, in consideration for the use of Lessor’s 
property, Lessee agrees to pay as full-service rent, in equal monthly installments, the sums as follow: 
 
Lease Term 
    
 
Rate   
Monthly 
  
Months   1-3  
 
 
$3.767/RSF     $33,900.00 plus rental tax 
 
 
Renewal Term  
 
Rate   
Monthly 
 
Months    4-6 
 
 
$3.767/RSF     $33,900.00 plus rental tax 
 
        
Months   7-9 
 
 
$3.767/RSF     $33,900.00 plus rental tax 
 
        
Months   10-12  
 
$3.767/RSF     $33,900.00 plus rental tax 
 
 
 
The above rent includes applicable real estate taxes, insurances, and all other operating expenses (except 
rental tax, telephone and security systems (if needed), and janitorial service).

Lease No. L-7493 
 
 
 
 
 
  
C-22-20-030-1-01 
 
2 
 
 
 
3.2  
Operating Expenses. Lessor will perform and bear all the costs of all necessary capital repairs and 
capital replacements including but not limited to: the Property, parking areas, Common Areas and major 
Building systems (including, without limitation, those costs required for compliance with laws) and 
property taxes. All operating expenses including but not limited to: internet and cable services, electricity, 
gas, water, sewer and trash removal, landscaping and other Building maintenance services, are the full 
responsibility of Lessor and are included in the full service rent set forth above. Lessor will be responsible 
establish the internet connection at the Premises within ten (10) days of full execution of this Agreement,  
as amended, and Lessee will be responsible to reimburse Lessor a one-time fee of two thousand ($2,000.00) 
dollars for internet installation, payable with the first month’s rent.  
 
No expenses, except such as is listed in Sections 3.1, 3.2 and 5.1 of this Agreement, as amended, will be 
passed through to the Tenant during the initial lease Term or any Renewal Terms.  
 
4. 
Effective upon full execution of this Amendment by the Parties, Section 5.1 of the Agreement is hereby 
deleted in its entirety and replaced with the following: 
 
5.1  
Utilities and Janitorial. As stated herein, Lessor, at its sole cost and expense, shall be 
responsible for the payment of all utility services provided to the Building, Property, Premises, and 
Common Areas, including but not limited to internet and cable services, electricity, gas, trash, water, and 
sewer services fees.  Lessee, at its sole cost and expense, shall be responsible for the payment of its use of 
the following services: phone and security systems (if needed). Lessee, at its sole cost and expense, shall 
be responsible for janitorial service for the Premises. 
 
5. 
This Amendment may be executed in one or more counterparts and the signature pages combined to 
constitute one document.  
 
6. 
The Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. 38-511. 
 
7. 
The foregoing paragraphs contain all the changes made by this Amendment. All other terms and 
conditions of the original Agreement remain the same and in full force and effect, except as herein 
amended. 
 
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Lease No. L-7493 
 
 
 
 
 
  
C-22-20-030-1-01 
 
3 
 
 
 
IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. 
 
 
LESSOR: 
The New Foundation  
 
 
 
 
 
                                  
 
 
 
 
 
____________________________________  
 
 
Michael Hughes, Chief Executive Officer 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
____________________________________ 
Date

Lease No. L-7493 
 
 
 
 
 
  
C-22-20-030-1-01 
 
4 
 
 
 
 
 
LESSEE: 
Maricopa County 
 
                                  
 
 
 
 
____________________________________ 
 
Clint Hickman,  
 
 
Chairman, Board of Supervisors  
 
 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
 
  
 
_______________________________________ 
Clerk of the Board 
 
 
Date 
 
 
APPROVED AS TO FORM: 
 
 
_______________________________________ 
Deputy County Attorney 
 
Date