LEASE L-7493 AMD 1 RE THE NEW FOUNDATION.PDF
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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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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