CITY OF CHANDLER LEASE C-6552 AMENDMENT NO. 10.PDF
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TENTH AMENDMENT TO LEASE AGREEMENT (C6552) BETWEEN CITY OF CHANDLER AND MARICOPA COUNTY 130 N HAMILTON STREET, CHANDLER, ARIZONA C-22-06-098-4-11 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 April 13, 2005, and subsequently amended or renewed by Renewal Letter dated May 21, 2008; Amended and Restated Lease dated June 21, 2010 (Lease); by Renewal Letter dated July 9, 2012; by Fourth Amendment dated June 12, 2013; by Fifth Amendment dated March 17, 2015; by Sixth Amendment dated March 23, 2016; by Seventh Amendment dated June 7, 2017; by Eighth Amendment dated June 24, 2020; and by Ninth Amendment dated June 8, 2022 (collectively, Agreement). The Agreement is for Lessee's use of a portion of the property owned by the City of Chandler located at 130 N. Hamilton Street, Chandler, Arizona. B. The term of the Agreement expires on June 30, 2024. C. Lessor and Lessee now mutually desire to enter into this Tenth Amendment to the Agreement (Amendment) to amend the Agreement 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 July 9, 2012, as amended by Section 1 of the Fourth through Seventh Amendments, Section 3 of the Eighth Amendment, and Section 4 of the Ninth Amendment 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 of this Agreement for two (2) additional periods of one (1) year each. The Agreement shall be renewed upon mutual agreement of the Parties in writing. 4. Rent in Section 3 of the Amended and Restated Lease, as stated in the Letter dated July 9, 2012, as amended by Section 2 of the Fifth Amendment through the Seventh Amendments, Section 4 of the Eighth Amendment, and Section 5 of the Ninth Amendment to the Agreement, is hereby deleted in its entirety and replaced with the following: 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 amended by adding the following: 20.6 Lessor anticipates that the Leased Premises may be redeveloped during the Term of this Lease. In such event, Lessor will terminate this Lease. Lessor will endeavor to provide Lessee with at least ninety (90) days prior written notice, but in no event shall Lessor provide less than sixty (60) days prior written notice of such termination. 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 Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511. 8. 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 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 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