MCSO_OMB_AMENDMENT_-_3RD_AMENDMENT_TO_LEASE_FINAL.DOCX.PDF
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AMENDMENT NO. 3 TO LEASE AGREEMENT L-7449
Between
SCI LUHRS PHX, LLC
And
MARICOPA COUNTY
RECITALS
A.
Lessor and Lessee are parties to that certain Lease Agreement No. L-7449 dated February
26, 2014 and subsequently amended by that certain Amendment No. 1 to Lease Agreement
L-7449 dated March 13, 2019 and by that certain Amendment No. 2 to Lease Agreement L-
7449 dated January 13, 2021 (collectively, the “Lease”). The Lease is for the premises
comprised of Suite 600 containing approximately 3,239 square feet of office space (the
“Premises”) located at 45 W. Jefferson Street, Suite 600, Phoenix, AZ 85003 (the
“Building”).
B.
The current Term of the Lease expires March 15, 2024.
C.
Lessor and Lessee now mutually desire to enter into this Amendment No. 3 to the Lease
(“Amendment”) in order to extend the Term and provide for Term renewals and an annual
rent schedule.
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
agree as follows:
1.
The Recitals, by this reference are hereby incorporated into this Amendment.
2.
The Term of the Lease is hereby extended sixty-five (65) months commencing March 16,
2024 and expiring August 15, 2029 (the “Extension Term”). This Lease is subject to
cancellation pursuant to A.R.S. §38-511, the provisions of which are incorporated herein by
this reference. The Lease may be terminated by Lessee at the end of any fiscal year due to
non-appropriation of funds without penalty or liability to Lessee. County and State fiscal
years end June 30, Federal fiscal year ends September 30.
3.
During the Extension Term, Lessee agrees to pay as full-service gross rent, in equal
installments, the sums as follows, payable in accordance with all terms and conditions of the
Lease, and based upon the Premises containing approximately 3,239 square feet:
DocuSign Envelope ID: 3CC83EA3-F618-4567-AC1F-09B5498D322D
LEASE No. L-7449
AMENDMENT No. 3
C-78-19-010-3-03
4859-2655-6026, v. 4
Month
Number
of
Months
Rate*
Monthly*
Annual*
01 – 05
(“Abatement
Period”)
5
Abated**
Abated**
Abated**
06 – 17
12
$28.00/sf
$7,557.67
$90,692.00
18 – 29
12
$28.84/sf
$7,784.40
$93,412.76
30 – 41
12
$29.71/sf
$8,019.22
$96,230.69
42 – 53
12
$30.60/sf
$8,259.45
$99,113.40
54 – 65
12
$31.51/sf
$8,505.07
$102,060.89
*plus rental tax
** Notwithstanding anything to the contrary contained herein and provided that Lessee performs
all of the terms and conditions of this Lease, Lessor hereby agrees to abate Lessee’s obligation to
pay monthly Rent attributable to the period identified above as the Abatement Period (the “Abated
Rent”). During the first eighteen (18) months of the Extension Term, in the event of a default by
Lessee under the terms of the Lease, as hereby amended, beyond any applicable notice and cure
period that results in the early termination of the Lease, as hereby amended, then Lessor shall be
entitled to recover the unamortized portion of the Abated Rent (which Abated Rent shall be
amortized on a straight-line basis over the Extension Term). The Abated Rent is considered to be
at the rate of $28.00/sf, seven thousand five hundred fifty-seven dollars and 67/100 ($7,557.67)
monthly and thirty-seven thousand seven hundred eighty-eight dollars and 35/100 ($37,788.35)
annually. After the eighteenth (18th) month of the Extension Term, Lessor shall not be entitled to
recover the Abated Rent.
4.
Lessor and Lessee acknowledge and agree that so long as Lessee is not in default under the
terms of the Lease, as amended hereby, beyond any applicable notice and cure period, Lessee
shall have the option of renewing the Lease for one (1) additional five (5) year period, at the
then-current Fair Market Rental Rate on the terms and conditions set forth in Section 2.5.4
of the Lease. Lessee shall provide not more than twelve (12) months’ and not less than nine
(9) months’ prior written notice of this intent to renew.
5.
Section 14 of the Lease and Section 7 of Amendment 1 shall be deleted in their entirety and
replaced with:
Notice Addresses. All notices herein required to be given to Lessor in writing and all rent
payments herein required, shall be sent to Lessor at:
PO Box 10
Scottsdale, Arizona 85252
Telephone: (602) 955-4700
Attn: Garrett Neiffer
Email: Garrett.Neiffer@Colliers.com
DocuSign Envelope ID: 3CC83EA3-F618-4567-AC1F-09B5498D322D
LEASE No. L-7449
AMENDMENT No. 3
C-78-19-010-3-03
4859-2655-6026, v. 4
Notices to Lessee shall be sent to:
Maricopa County Real Estate Department
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
All rent requests, herein required to be given to Lessee, shall be sent to:
Maricopa County Sheriff’s Office
Attn: Finance
550 West Jackson
Phoenix, AZ 85003
6.
Parking. During the Extension Term, in exchange for a zero-dollar ($0.00) TI Allowance,
Lessee shall have the right to use the same allocation of parking spaces as per Section 12.1 of the
Lease at no cost ($0.00).
7.
Pursuant to A.R.S. § 35-394, Lessor warrants and certifies that it does not currently, and
agrees for the duration of Lease that it will not, use:
a. the forced labor of ethnic Uyghurs in the People’s Republic of China.
b. any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
c. 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.
d. If Lessor becomes aware during the term of the Lease that the Lessor is not in
compliance with this paragraph, the Lessor shall notify the Lessee within five (5)
business days after becoming aware of the noncompliance. Failure of Lessor to
provide a written certification that the Lessor has remedied the noncompliance
within one hundred eighty (180) days after notifying Lessee of its noncompliance,
this Lease shall terminate unless the term of this Lease shall end prior to said one
hundred eighty (180) day period.
8.
The Assistant County Manager for Maricopa County and/or the Real Estate Director for
Maricopa County shall administer this Lease, including executing documents to advance
administration of this Lease, in accordance with this Lease.
9.
Any individual executing this Amendment on behalf of Lessor represents and warrants that
he/she is duly authorized to execute and deliver this Amendment on behalf of said corporation,
DocuSign Envelope ID: 3CC83EA3-F618-4567-AC1F-09B5498D322D
LEASE No. L-7449
AMENDMENT No. 3
C-78-19-010-3-03
4859-2655-6026, v. 4
person, firm, partnership or other entity and that this Amendment is binding on said entity in
accordance with its terms.
10.
All initial capitalized terms used in this Amendment, not otherwise defined herein, shall
have the meanings ascribed thereto in the Lease.
11.
This Lease may be executed in any number of counterparts, each of which shall be deemed
an original, but all of which taken together, shall constitute one and the same instrument. Electronic
signatures shall have the same force and effect as original signatures.
12.
LESSEE ACCEPTS THE PREMISES “AS IS”, “WHERE IS”, AND WITH ALL
FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
AND
WITHOUT
ANY
AGREEMENTS,
REPRESENTATIONS,
WARRANTIES,
UNDERSTANDINGS OR OBLIGATIONS ON THE PART OF LESSOR TO PERFORM ANY
ALTERATIONS, REPAIRS, OR IMPROVEMENTS.
13.
Lessee hereby affirms that, as of the date of this Amendment: (i) Lessee is not in default
under the Lease; (ii) no breach or default by Lessor has occurred under the Lease; (iii) all of the
terms, conditions and provisions of the Lease, as hereby amended, are in full force and effect with
no defenses or offsets thereto, (iv) Lessee has no existing claims or causes of action against Lessor
or its agents, contractors or employees arising out of the Lease, either currently or which would
exist with the giving of notice or with the passage of time; (v) Lessee has no existing defenses
against the enforcement of the Lease by Lessor; (vi) except as set forth in this Amendment, Lessee
is not entitled to any rent credits, allowances, offsets or abatements; and (vii) Lessee hereby
releases Lessor of and from all liabilities, claims, controversies, causes of action and other matters
of every nature which, through the date hereof, have or might have arisen out of or in any way in
connection with the Lease and/or the Premises. In addition to the foregoing, if, despite the
foregoing affirmation, Lessee is in default under the Lease at the time of Lessor’s execution of this
Amendment, such execution by Lessor shall not be deemed to be a waiver by Lessor of such
default.
14.
Lessee represents that Lessee has dealt with no broker or other person who might claim
brokerage commissions or finder’s fees in connection with the transaction that is the subject of this
Amendment. Lessee shall defend, indemnify and hold Lessor and its managers, members,
principals, officers, directors, employees, agents, and property manager harmless from all claims
or liabilities arising from any breach of the foregoing representation and warranty.
15.
The foregoing paragraphs contain all of the changes made by this Amendment. All other
terms and conditions of the Lease and subsequent amendments thereto will remain the same and
in full force and effect.
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 3CC83EA3-F618-4567-AC1F-09B5498D322D
LEASE No. L-7449
AMENDMENT No. 3
C-78-19-010-3-03
4859-2655-6026, v. 4
IN WITNESS WHEREOF the parties have executed this Agreement
LESSOR:
SCI LUHRS PHX, LLC, a Delaware limited liability company
By: SCI Phoenix Holdings, LLC, a Delaware limited liability company, its Sole Member
By: AMG Luhrs LLC, an Arizona limited liability company, its Operating Partner
______________________________________________
Garrett Neiffer, its Manager
______________________
Date
DocuSign Envelope ID: 3CC83EA3-F618-4567-AC1F-09B5498D322D
LEASE No. L-7449
AMENDMENT No. 3
C-78-19-010-3-03
4859-2655-6026, v. 4
LESSEE: MARICOPA COUNTY, a political subdivision of the State of Arizona
By_________________________________
Chairman of the Board
ATTEST:
By_________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
By_________________________________
Deputy County Attorney Date
DocuSign Envelope ID: 3CC83EA3-F618-4567-AC1F-09B5498D322D
9/11/2023