AMENDMENT 2 RE LEASE L-7473 WITH URBAN LEAGUE_FINAL.PDF
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LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
AMENDMENT NO. 2 TO LEASE AGREEMENT
BETWEEN
GREATER PHOENIX URBAN LEAGUE, INC., LANDLORD
AND
MARICOPA COUNTY, TENANT
RECITALS
A.
Landlord and Tenant, collectively (the “Parties”) or individually (a “Party”) are parties to that certain
Lease Agreement No. L-7473 dated November 29, 2017 and subsequently amended on October 9, 2018
(collectively, the “Lease”) . The Lease is for 700 square feet of office and clinic space at 1402 S. 7th
Avenue, Phoenix, AZ 85007.
B.
The term of the Lease expires on September 30, 2021.
C.
Landlord and Tenant now mutually desire to enter into this Amendment No. 2 to the Lease
(“Amendment”) to amend the Lease to: (a) extend the term one (1) year and provide for an automatic
renewal
term;
(b)
identify
Lease
payments
and
operating
expenses;
(c)
provide
for
alterations/improvements to the leased space; and (d) adopt administration of lease authority,
indemnification language, and Subordination and Estoppel forms.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and suffiency of which is hereby acknowledged, Tenant and Landlord agree to amend the Lease as
follows:
1.
The Recitals, by this reference, are hereby incorporated into this Amendment.
2.
Capitalized terms used in the Amendment without definition shall have the meanings assigned to such
terms in the Lease unless the context expressily requires otherwise.
3.
The term of the Lease is hereby extended one (1) year, to commence on October 1, 2021 and expire
September 30, 2022. This Lease will automatically renew for an additional period of one (1) year from
October 1, 2022 to September 30, 2023, unless either Party gives written notice of intent not to renew no
later than 90 (ninety) days prior to the end of the term. The Lease, as amended, is subject to termination
pursuant to the provisions of A.R.S. 38-511. This Lease may be terminated by Tenant at the end of any
fiscal year due to non-appropriation of funds without penalty or liability to Tenant. Tenant’s county and
state fiscal years end June 30th and the federal fiscal year ends September 30th.
During the term of this Amendment and any renewal hereof, lease payments will be Five hundred and
forty ($540.00) dollars per month and be payable as prescribed in the Lease.
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
4.
Landlord and Tenant agree that the entrance for the Premises shall be at the rear of the building. Tenant
shall provide Landlord with appropriate signage for installation. Landlord shall also install a doorway in
the rear hallway to separate the Premises from the general public spaces (the “Improvements”). Tenant
shall reimburse Landlord for the costs associated with installation of the Improvements, for a total
amount not to exceed One Thousand Five Hundred Dollars ($1,500.00), payable within thirty days of
receipt of invoice from Landlord. If the cost of the Improvements exceeds the One Thousand Five
Hundred Dollars ($1,500.00), upon proof by the Landlord, County will prepare an amendment to the
Lease that will provide for authorization of payment by Tenant to reimburse the Landlord for the
additional cost of the Improvements.
5.
Administration of Lease. The Assistant County Manager for Maricopa County, and/or the Real Estate
Director for Maricopa County shall administer this Lease.
6.
Each Party (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party (as
“Indemnitee”) from and against any and all claims, losses, liability, costs or expenses (including
reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of the negligent
performance of this Lease, but only to the extent that such claims which result in vicarious/derivative
liability to the indemnitee are caused by the act, omission, negligence, misconduct or other fault of the
indemnitor, its officers, officials, agents, employees or volunteers.
7.
SUBORDINATION AND ATTORNMENT: Upon written request of the Landlord and within forty-five
(45) days, Tenant will subordinate its rights, in writing in substantially the same form as the attached
Exhibit “A,” attached hereto and by this reference made a part hereof, hereunder to the lien of any
mortgage now or hereafter in force against the Property or any portion thereof, and to all advances made
or hereafter to be made upon the security thereof, and to any ground or underlying lease of the Property
provided, however, that in such case the holder of such mortgage, or the landlord under such lease shall
agree that this Lease shall not be divested or in any way affected by foreclosure, or other default
proceedings under said mortgage, obligation secured thereby, or lease, so long as the Tenant shall not be
in default under the terms of this Lease. Landlord agrees that this Lease shall remain in full force and
effect notwithstanding any such default proceedings under said mortgage or obligation secured thereby.
8.
ESTOPPEL CERTIFICATES: Within forty-five (45) days after written request from Landlord, Tenant
shall execute and deliver to Landlord a written statement in substantially the same form as Exhibit “B,”
which is attached hereto and made a part hereof, certifying: (a) that the Lease is unmodified and in full
force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of
base consideration and the date to which the base consideration and additional consideration have been
paid in advance; (c) the amount of any security deposited with Landlord; and (d) that Landlord is not in
default hereunder or if Tenant is claiming Landlord to be in default, stating the nature of any claimed
default. Any such statement may be relied upon by a purchaser, assignee, or lender.
9.
The foregoing paragraphs contain all the changes made by this Amendment. All other terms and
conditions of the Lease remain the same and in full force and effect, except as herein amended.
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below.
LANDLORD: Greater Phoenix Urban League, Inc.
__________________________________________
George Dean, President and CEO
Date
TENANT: Maricopa County, a political subdivision of
state of Arizona
__________________________________________
Jack Sellers,
Chairman of the Board of Supervisors
ATTEST:
__________________________________________
Clerk of the Board
Date
APPROVED as to FORM:
__________________________________________
Deputy County Attorney
Date
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
Exhibit “A”
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT CERTIFICATE
for
LEASE AGREEMENT NO. L-XXXX
THIS AGREEMENT (“SNDA”) is executed by and between (hereinafter referred to as Lender) and
Maricopa County, a political subdivision of the state of Arizona (hereinafter referred to as Lessee or County),
WITNESSETH:
WHEREAS, Lessee has entered into a lease dated (hereinafter referred to as “Lease”) for certain
premises located at , said premises more particularly described in said Lease, and
WHEREAS, Lender has made a loan to Lessor, , in the sum of $ secured by a ,
Assignment of Rents and Security Agreement on the Lessor’s interest in the premises (the “Security
Agreement”) of which the leased premises are a portion, recorded in the official records of the Maricopa
County Recorder’s Office, and
WHEREAS, Lessee has agreed to the subordination of the Lease to the Security Agreement on the
condition that it is assured of continued use and occupancy of the premises under the terms of said Lease and
this SNDA, and
WHEREAS, Lender agrees to such continued use and occupancy by Lessee provided that by these
presents Lessee agrees to recognize and attorn to Lender or purchaser in the event of foreclosure or
otherwise.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, it is hereby
mutually covenanted and agreed as follows:
1. In the event it should become necessary to foreclose the Deed of Trust or Lender should otherwise
come into possession of the premises, Lender will not join Lessee under said Lease in summary or
foreclosure proceedings and will not disturb the use and occupancy of Lessee under said Lease so long
as Lessee is not in default under any of the terms, covenants, or conditions of said Lease; and has not
prepaid the rent except monthly in advance as provided by the terms of said Lease.
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
2. Lessee agrees that in the event any proceedings are brought for the foreclosure of any such Deed of
Trust it will attorn to the purchaser of such foreclosure sale and recognize such purchaser as the
Lessor under said Lease. Said purchaser, by virtue of such foreclosure to be deemed to have assumed
and agreed to be bound, as “Substitute Lessor”, by the terms and conditions of said Lease until the
resale or other disposition of its interest by such purchaser, except that such assumption shall not be
deemed of itself an acknowledgement of such purchaser of the validity of any then existing claims of
Lessee against the prior lessor. All rights and obligations herein and hereunder to continue as though
such foreclosure proceedings had not been brought, except as aforesaid. Lessee agrees to execute
and deliver to any such purchaser such further assurance and other documents, confirming the
foregoing as such purchaser may reasonably request. Lessee waives the provisions of any statute or
rule of law now or hereafter in effect which may give or purport to give it any right or election to
terminate, except as expressly provided for in said Lease, or otherwise adversely affect the said Lease
and the obligations of Lessee thereunder by reason of any such foreclosure proceeding. Accordingly,
from and after such event “Substitute Lessor” and Lessee shall have the same remedies against each
other for the breach of an agreement contained in the Lease as Lessee and Lessor had before
“Substitute Lessor” succeeded to the interest of the Lessor; provided however, that “Substitute
Lessor” shall not be;
a. liable for any act or omission of any prior lessor (including Lessor); or
b. subject to any offsets or defenses that Lessee might have against any prior lessor (including
Lessor); or
c. bound by any rent or additional rent that Lessee might have paid for more than one month in
advance to any prior lessor (including Lessor); or
d. liable for the return of any security deposit.
3. The provisions of this SNDA are binding upon and shall inure to the benefit of the heirs, successors and
assigns of the parties hereto.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
IN WITNESS WHEREOF this SNDA is effective the day and year last written below.
LESSEE: Maricopa County, a political subdivision of the state of Arizona
______________________________________________
By: [Name]
Date
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
_______________________________________________
Deputy County Attorney
Date
The terms of the above SNDA are hereby consented and agreed to by Owner/Lessor:
LESSOR: [Name]
_______________________________________________
[Name], [Title]
Date
LENDER: [Name]
________________________________________________
[Name], [Title]
Date
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
Exhibit “B”
TENANT ESTOPPEL CERTIFICATE
for
LEASE AGREEMENT NO. L-XXXX
THE PURPOSE of this certificate is to confirm the current status of matters relating to the Lease described
below. This Estoppel Certificate is for the benefit of the Lessor and , its successors and/or assigns
(hereinafter “Lender”) and for no other person or entity.
1. Maricopa County, a political subdivision of the state of Arizona, is the Lessee or Tenant under a lease
agreement (hereinafter the “Lease”) with, as Lessor dated , 20 covering the
premises described as: a lease located at . The Premises are more fully described in the
attached fully executed copy of the Lease agreement (and all amendments or modification thereto, if
any) and Exhibit “ ” of said Lease agreement. Other than as set forth above, there are no other
modifications or amendments to the Lease.
2. The Premises have been accepted by the Tenant; and the Tenant now occupies the Premises
pursuant to the Lease terms. The commencement date for the term of the Lease is , 20 .
3. The Lease will expire unless terminated earlier as provided for in the Lease and is subject to an
option to renew and the right to holdover.
4. Lessor has completed all tenant improvement work, if any, as required under the terms of the Lease.
5. Tenant claims that the Lessor has not performed the following Lessor’s obligations as directed by the
Lease: .
6. The current fixed consideration for the Premises is $ per month plus rental tax. Tenant has
paid the current month’s consideration in full. There are no other rents or other charges under the
Lease which are due and unpaid at this time. Considerations are fully paid (if required by the Lease)
through the last day of the month in which this Estoppel Certificate has been executed.
7. The Tenant has made no security deposit.
8. Except for rents (if any) which may be due under the Lease for the current month, there are no rents,
offsets or credits against future accruing rents, or other charges which have been prepaid to the
Lessor under the Lease.
LEASE No. L-7473
AMENDMENT No. 02
C-86-18-042-1-02
9. Tenant has no right or option to purchase any portion of the real property upon which the Premises
are situated.
10. Tenant has received no notice of a prior sale, transfer, assignment, hypothecation or pledge of said
Lease or of the rents secured therein, except to Lender.
11. Tenant acknowledges that this Estoppel Certificate and the statements herein may be conclusively
relied upon by the Lessor and other person(s) or entity (ies) named above in the first paragraph.
12. This agreement shall be binding upon and inure to the benefit of the Lessor, and any other person(s)
or entity (ies) named above in the first paragraph.
13. The execution of this document is expressly authorized by Maricopa County in Section(s) of
the Lease.
14. The Tenant understands and acknowledges that Lender will rely on this Estoppel Certificate in
acquiring or making a mortgage loan to Lessor and that in connection with said loan, Lessor’s interest
in the Lease is being assigned to Lender as additional security for the loan.
Executed this ______ day of _____________________, 20____.
Lessee: Maricopa County
______________________________________________
By: [Name]
Director, Maricopa County Real Estate Department
APPROVED as to FORM:
_______________________________________________
Deputy County Attorney
Date