THIRD AMENDMENT TO OFFICE LEASE WITH HIGLEY PROJECT, LLC.PDF
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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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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