THIRD AMENDMENT TO LEASE WITH A NEW LEAF.PDF
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Lease No. L7444 C-86-14-055-1-04 THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN A NEW LEAF AND MARICOPA COUNTY RECITALS A. A New Leaf, Inc., an Arizona nonprofit corporation (Lessor), and Maricopa County, a political subdivision of the State of Arizona (Lessee), are parties to that certain Lease Agreement dated November 20, 2013 (Lease), and subsequently amended by First Amendment dated December 12, 2018 and Second Amendment dated October 6, 2021 (collectively, Agreement). The Agreement is for approximately 5,000 square feet of office/clinic space (Premises) located at 635 East Broadway Road, Mesa, AZ 85204. B. The term of the Agreement expires December 31, 2023. C. Lessor and Lessee now mutually desire to enter into this Third Amendment to the Agreement (Amendment) to: (a) extend the term; (b) restate fees; (c) update delegation of authority; and (d) provide for counterparts. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Lessee and Lessor agree to amend the Agreement as follows: 1. The Recitals, by this reference, are hereby 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 the fifth paragraph of the Lease and Section 2 of the First Amendment to the Agreement, are hereby deleted in their entirety and replaced with the following: The term of the Agreement shall commence upon full execution of this Amendment and expire December 31, 2024 (Term). In the event of expiration of the Agreement without renewal, Lessor hereby grants to Lessee the right of continued occupancy of the Premises as "hold over Lessee" on a month-to-month basis for up to six (6) months at the lease rate in effect for the last month of the term of the Agreement. 4. The base rent of the Agreement in the sixth paragraph of the Lease and Section 4 of the First Amendment to the Agreement; and the shared cost for on-site security services as provided for in Section 3 of the Second Amendment to the Agreement are hereby deleted in their entirety and replaced with the following: During the Term, Lessee agrees to pay a monthly fee in the amount of Five Thousand Dollars ($5,000) plus rental tax for base rent and a monthly fee in the amount of Two Thousand Five Hundred Dollars ($2,500) for Lessee’s share cost of on-site security services (Fees). Fees Monthly Annual Base Rent $5,000 $60,000 (plus rental tax) Security Services $2,500 $30,000 (no tax applies) 5. Section 27 of the Lease and Section 5 of the Second Amendment to the Agreement are deleted in their entirety and replaced with the following: Lease No. L7444 C-86-14-055-1-04 27) Delegation of Authority: The Assistant County Manager for Maricopa County and/or the Real Estate Director shall administer this Agreement, including the execution of documents. 6. The Agreement is hereby amended to include an additional section as follows: 28) The 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. 7. This Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. §38- 511, the provisions of which are incorporated herein by this reference. 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 Lease No. L7444 C-86-14-055-1-04 IN WITNESS WHEREOF, the parties have signed this Amendment. LESSOR: A New Leaf, Inc., an Arizona nonprofit corporation Michael T. Hughes, Chairman of the Board Date Lease No. L7444 C-86-14-055-1-04 LESSEE: Maricopa County, a political subdivision of the State of Arizona Clint Hickman, Chairman of the Board of Supervisors ATTEST: Clerk of the Board Date APPROVED as to FORM: Deputy County Attorney Date