CITY OF CHANDLER LEASE L-7178 AMENDMENT NO 11.PDF
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ELEVENTH AMENDMENT TO LEASE AGREEMENT (L7178) BETWEEN CITY OF CHANDLER AND MARICOPA COUNTY 660 SOUTH PALM LANE, CHANDLER, ARIZONA C-22-05-115-4-12 RECITALS A. City of Chandler, an Arizona municipal corporation (Lessor), and Maricopa County, a political subdivision of the State of Arizona (Lessee), (collectively, Parties) are Parties to that certain Lease Agreement dated October 27, 2004, and subsequently amended or renewed by Renewal Letter dated November 14, 2007; Amended and Restated dated February 11, 2010; by Renewal Letter dated January 3, 2012; by Fourth Amendment dated October 31, 2012; by Fifth Amendment dated June 12, 2013; by Sixth Amendment dated March 17, 2015; by Seventh Amendment dated March 23, 2016; by Eighth Amendment dated June 7, 2017; by Ninth Amendment dated June 24, 2020, and by Tenth Amendment dated May 18, 2022 (collectively, Agreement). The Agreement is for Lessee's use of a portion of the property owned by the City of Chandler located at 660 South Palm Lane, Chandler, Arizona. B. The term of the Agreement expires on June 30, 2024. C. Lessor and Lessee now mutually desire to enter into this Eleventh Amendment to the Agreement (“Amendment”) to: (a) replace and extend the term; (b) state base rent; (c) revise the termination provisions; and (d) provide County administrative authority provision. 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 as follows: 1. The Recitals, by this reference, are 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. The term of the Agreement in Section 2 of the Amended and Restated Lease, as renewed by Letter dated October 4, 2011, and Letter dated January 3, 2012, as amended by Section 1 of the Fourth through Eighth Amendments, Section 3 of the Ninth Amendment and Tenth Amendments to the Agreement, is deleted in its entirety and replaced with the following: Upon the effective date of this Amendment, the term of the Agreement is hereby extended through June 30, 2027 (Term). Lessee shall have the option to renew the Term for two additional periods of one-year each upon mutual written agreement of the Parties. 4. Rent in Section 3 of the Amended and Restated Lease, as restated in the Letter dated October 4, 2011, and the Letter dated January 12, 2012, as amended by Section 2 of the Fourth, Sixth, Seventh, and Eighth Amendments, and Section 4 of the Ninth and Tenth Amendments to the Agreement, is hereby deleted in its entirety and replaced with the following: DocuSign Envelope ID: F0A600C1-C29B-4C15-94DB-86BCC8158BDA During the Term, Lessee agrees to pay as base rent in equal monthly installments as follows: Monthly Fiscal Year $333.33 $3,999.96 plus rental tax 5. Section 20 of the Agreement is hereby deleted and replaced in its entirety with the following: 20. Termination Before End of Term; Non-appropriation. (a) Lessor or Lessee each reserve the right to terminate this Lease at any time by giving ninety (90) days written notice to the other. (b) Lessee may terminate this Agreement at the end of any fiscal year during the term of the Agreement due to non-appropriation of funds. Lessee’s fiscal year ends on June 30 and federal fiscal year ends September 30 of each year. (c) Lessor anticipates that the Leased Premises may be redeveloped during the Term of this Agreement. In such event, Lessor will terminate this Agreement. Lessor will endeavor to provide Lessee with at least ninety (90) days prior written notice, but in no event shall Lessor give Lessee less than sixty (60) days prior written notice of such termination. (d) In the event of an early termination, the rent payment heretofore made by Lessee shall be prorated on the number of days remaining in the final month of occupancy. Lessor shall refund the prorated amount to Lessee within thirty (30) days after termination. Lessor and/or any of its employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights to bring any claim against Lessee or its employees, agents, officers, directors, members, successors or assigns from or relating any way to Lessee’s termination or cancellation of this Agreement pursuant to these Sections 20c) and 20(e). (e) The Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 6. The Agreement is hereby amended to add the following section: 43. Delegation of Authority. 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. 7. 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: F0A600C1-C29B-4C15-94DB-86BCC8158BDA IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date written below. LESSOR: City of Chandler, an Arizona Municipal Corporation Kevin Hartke, Mayor ATTEST: City Clerk Date APPROVED as to FORM: City Attorney Date DocuSign Envelope ID: F0A600C1-C29B-4C15-94DB-86BCC8158BDA 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 DocuSign Envelope ID: F0A600C1-C29B-4C15-94DB-86BCC8158BDA 5/3/2024