THIRD AMENDMENT TO OFFICE LEASE WITH HIGLEY PROJECT, LLC.PDF

Maricopa County — Formal (2023-11-15)

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Lease No. L7453 
C-86-15-005-1-06 
 
 
THIRD AMENDMENT TO OFFICE LEASE 
 
RECITALS 
 
A. 
Higley Project, LLC, a Wyoming limited liability company (Landlord), and Maricopa County, a 
political subdivision of the State of Arizona (Tenant), are parties to that certain Office Lease dated 
July 30, 2014, and subsequently amended by First Amendment dated November 20, 2019 and 
Second Amendment dated July 1, 2022, (collectively, Agreement). The Agreement is for Tenant’s 
use of premises located at 1850 North 95th Avenue, Suite 182, Phoenix, AZ, consisting of 
approximately 4,702 rentable square feet of office space. 
                                                                                                                                                                                        
B. 
The term of the Agreement expires April 30, 2024. 
 
C. 
Landlord and Tenant now mutually desire to enter into this Third Amendment to the Agreement 
(Amendment) to: (a) extend term; (b) replace counterparts and electronic signatures; and (c) 
provide Tenant administrative language. 
 
AGREEMENT 
 
NOW THEREFORE, in consideration of the foregoing and other good and valuable 
consideration, receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree 
to amend the Agreement as follows: 
1. 
The Recitals, by this reference, are hereby incorporated in 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. 
Upon full execution, Section 2.2 (a) of the Second Amendment to the Agreement is hereby 
amended to extend the Extension Term for an additional 8-month period commencing May 1, 2024 
through December 31, 2024 (Extension Term). 
 
4. 
Effective May 1, 2024, Monthly Installments for the duration of the Extension Term shall remain 
in the amount of Nine Thousand, Nine Hundred ninety-one dollars and seventy-five cents 
($9,991.75), plus applicable sales and transaction privilege taxes at their current rate, with any 
increased rates as actually and directly levied in the future, as stated in Section 2.3 of the Second 
Amendment to the Agreement. Base Rent does not include electrical expenses related to the 
premises, which expenses Tenant pays for directly. 
 
5. 
Section 28.20 of the Lease is deleted in its entirety and replaced with the following: 
 
28.20. 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 amended to include the following section:

Lease No. L7453 
C-86-15-005-1-06 
 
28.21. Tenant Delegation of Authority. The Assistant County Manager for Maricopa County 
and/or the Maricopa County Real Estate Director shall administer this Agreement, 
including the execution of documents. 
 
7. 
The Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 
 
8. 
Landlord warrants and certifies that it does not currently, and agrees for the duration of Agreement 
that it will not, use: 
 
1. 
the forced labor of ethnic Uyghurs in the People's Republic of China. 
 
2. 
any goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China. 
 
3. 
any contractors, subcontractors or suppliers that use the forced labor or any goods or 
services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.  
If Landlord becomes aware during the term of the Agreement that the Landlord is not in 
compliance with this paragraph, the Landlord shall notify the Tenant within five (5) 
business days after becoming aware of the noncompliance. Failure of Landlord to provide 
a written certification that the Landlord has remedied the noncompliance within one 
hundred eighty (180) days after notifying Tenant of its noncompliance, this Agreement 
shall terminate unless the Extension Term of this Agreement shall end prior to said one 
hundred eighty (180) day period. 
 
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. 
 
 
 
 
 
 
 
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Lease No. L7453 
C-86-15-005-1-06 
 
IN WITNESS WHEREOF, the Agreement is made and entered into as of the last date written below. 
 
LANDLORD: 
Higley Project, LLC, a Wyoming limited liability company 
 
By: 
 
 
 
 
 
 
Print Name: 
 
 
 
 
 
Title: 
 
 
 
 
 
 
Date:

Lease No. L7453 
C-86-15-005-1-06 
 
TENANT: 
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