FIRST UNITED METHODIST CHURCH L-7454 RENEWAL AMENDMENT NO. 5.PDF

Maricopa County — Formal (2024-05-22)

Extracted text (via pymupdf) 6528 characters

FIFTH AMENDMENT TO LEASE AGREEMENT (L7454)
BETWEEN MARICOPA COUNTY AND
FIRST UNITED METHODIST CHURCH OF MESA, ARIZONA
15 EAST FIRST AVENUE, MESA, ARIZONA
C-22-15-001-1-06

RECITALS

A.
Maricopa County, a political subdivision of the state of Arizona (Lessee), and First United
Methodist Church of Mesa, Arizona, an Arizona non-profit corporation (Lessor), are parties to that
certain Lease Agreement dated July 30, 2014 and subsequently amended by First Amendment dated
February 24, 2015, Second Amendment dated June 21, 2016, Third Amendment dated August 21,
2019, and Fourth Amendment dated May 19, 2021 (collectively, Agreement). The Agreement is
for premises located at 15 E. First Avenue, Mesa, Arizona, consisting of approximately 2,371
square feet of classroom space along with certain other common areas and playground (Premises).

B.
The term of the Agreement expires on May 31, 2024.

C.
Lessee and Lessor now mutually desire to enter into this Fifth Amendment to the Agreement
(Amendment) to: (a) extend the term of the Agreement, (b) restate rent, (c) revise counterpart
signature provision; (d) allow for Playground Improvements, and (e) update Lessee administration
language.

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.
Section 2 of the Agreement, as amended by Section 1 of the First Amendment, Section 1 of the
Second Amendment, and Section Three of the Fourth Amendment to the Agreement, is deleted in
its entirety and replaced with the following:

2.
Term; Termination. Upon the effective date of this Amendment, the term of the
Agreement is hereby extended through May 31, 2025 (Term). Either Lessor or Lessee may
terminate the Agreement by giving not less than ninety (90) days prior written notice of
termination to the other party.

4.
Section 3 of the Agreement, as amended by Section 4 of the First Amendment, Section 3 of the
Second Amendment, and Section 5 of the Fourth Amendment to the Agreement are hereby deleted
and replaced with the following:

For the Term of the Agreement, Lessee agrees to pay full-service rent, plus rental tax, in equal
monthly installments, in the amount of two thousand seven hundred and fifty dollars ($2,750.00).
Rent includes all applicable taxes, insurance, and all other operating expenses.
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5.
Section 34 of the Agreement is deleted in its entirety and replaced with the following:

34.
Counterparts and Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same instrument. Electronic signatures shall have the same
force and effect as original signatures.

6.
The Agreement is hereby amended to add the following section:

38.
Playground Improvements. Lessor authorizes Lessee to make improvements to the
playground to replace pour and play surface (“Playground Improvements”). Upon
expiration or earlier termination of the Agreement, Lessee may, in its sole discretion,
abandon the Playground Improvements made by Lessee or remove said Playground
Improvements and restore the Premises to its original condition, ordinary wear and tear
excepted.

38.1 Lessee shall be financially responsible for all costs associated with the design,
permitting, purchase and installation of the work associated with the Playground
Improvements, amount to be determined.

38.2 Lessee shall be responsible for performing the work required to complete the
Playground Improvements. All work must conform to and be in substantial accordance
with quality and appearance of the improvements in the remainder of the playground where
the improvements are to be made.

38.3 Prior to the commencement of the Playground Improvements, Lessee shall ensure
contractor has purchased and maintains throughout improvement process, all standard
insurance coverage at levels standard in the industry from a company or companies duly
licensed by the State of Arizona and require its subcontractors to maintain equivalent
insurance based in their trade and participation in the work.

7.
Section 36 of the Agreement, as amended by the Fourth Amendment, is deleted in its entirety and
replaced with the following:

36.
Delegation of Authority and Administration of Agreement. The Assistant County
Manager for Maricopa County and/or the Real Estate Director for Maricopa County shall
administer this Agreement, including executing documents necessary to administer this
Agreement.

8.
This Agreement as amended is subject to cancellation pursuant to A.R.S. §38-511, the provisions
of which are incorporated herein by this reference.
9.
The foregoing paragraphs contain all the changes made by this Amendment. All other terms and
conditions of the Agreement remain the same and in full force and effect, except as herein amended.

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IN WITNESS WHEREOF, the Parties have fully executed this Agreement as of the last date written
below.

LESSOR:
First United Methodist Church of Mesa, Arizona, an Arizona non-profit corporation

By:

Mason Schreiber, Trustees Chair

Date

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5/16/2024

LESSEE:
Maricopa County, a political subdivision of the State of Arizona

__________________________________
Chairman of the Board of Supervisors

ATTEST:

__________________________________
Clerk of the Board

Date

APPROVED AS TO FORM:

___________________________________
Deputy County Attorney
Date
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5/10/2024
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