BOYS AND GIRLS CLUB OF THE VALLEY LEASE AMENDMENT 6.PDF
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LEASE No. L-7339
C-22-04-107-4-06
SIXTH AMENDMENT TO LEASE AGREEMENT BETWEEN
BOYS & GIRLS CLUB OF THE VALLEY, INC. AND MARICOPA COUNTY
RECITALS
A.
Boys & Girls Club of the Valley, 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
August 18, 2003, and subsequently amended by an administrative First Amendment dated July 7, 2004,
Second Amendment dated August 20, 2008, Third Amendment dated July 25, 2013, Fourth Amendment
dated August 1, 2018, and Fifth Amendment dated May 19, 2021 (collectively, “Agreement”). The
Agreement is for Head Start classroom, playground, and parking space at the property located at 44 North
Oak, Gilbert Arizona.
B.
The term of the Agreement expires on August 31, 2023.
C.
Town of Gilbert (“Town”) owns certain real property located at Elliot Road and Oak Street and leases to
Lessor premises that consist of approximately 2 acres, as defined in Lease of Real Estate, Attachment “A”,
attached hereto and incorporated herein. The premises include a Boys and Girls Club facility built on Town
property, a portion of which Lessor leases to Lessee.
D.
Lessee and Lessor now mutually desire to enter into this Sixth Amendment to the Agreement
(“Amendment”) to: (a) extend the term; (b) specify rent; (c) replace renewal option; (d) update notice
section; (e) provide for counterpart signatures and administrative language; and (f) acknowledgment of
Agreement by property owner.
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 third recital of the Agreement, as amended by Section 1 of the Second
and Third Amendments, and Section 3 of the Fourth 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 expires August
31, 2028.
4.
The monthly rent in the fourth recital of the Agreement, as amended by Section 2 of the Second and Third
Amendment to the Agreement, are hereby deleted in their entirety and replaced with the following:
Lessee agrees to pay as rent, upon receipt of invoice, the sum of $5,100.00 per annum, payable quarterly in
the amount of $1,275.00 plus rental tax. Lessor shall provide an electronic quarterly invoice to Lessee as
provided for in the Notice section set forth herein below.
5.
Section 11 of the Agreement is hereby deleted in its entirety and replaced with the following:
LEASE No. L-7339
C-22-04-107-4-06
11)
Lessor hereby grants to Lessee the option of renewing this Agreement for one (1) additional four-
year term. To exercise this option, Lessee shall give Lessor written notice of their intent to renew prior to
the expiration of this Agreement. Rent shall remain the same during the renewal term of this Agreement.
In the event of expiration of the Agreement, Lessor hereby grants to Lessee the right of continued occupancy
of the property as a “hold over tenant” on a “month to month” basis for up to six (6) months at the rent in
effect at the time of expiration, payable monthly.
6.
Section 18 of the Agreement, as amended by Sections 4 and 5 of the Fourth Amendment and Section 5 of
the Fifth Amendment to the Agreement, are deleted in their entirety and replaced with the following:
Notices to Lessor shall be sent to:
The Boys & Girls Clubs of the East Valley
Attn: Swati Webb
4309 E. Belleview Rd., #14
Phoenix, AZ 85008
Notices to Lessee shall be sent to (no invoicing):
Maricopa County Human Services Department
Attn: Eve Del Real
234 N. Central Ave., 3rd Floor
Phoenix, AZ 85004
With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango St.
Phoenix, AZ 85009
Invoices to Lessee shall be sent electronically to: HSDFinance@Maricopa.gov
7.
The Agreement is hereby amended to add the following sections:
23)
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.
24)
The Assistant County Manager for Maricopa County and/or the Real Estate Director shall
administer this Agreement, including the execution of documents.
25)
This Agreement, as amended, is subject to cancellation pursuant to the provisions of A.R.S. 38-
511. This Agreement may be terminated by Lessee at the end of any fiscal year due to non-appropriation
of funds without penalty or liability to Lessee. Lessee's county and state fiscal years end June 30th federal
fiscal year ends September 30th. Lessor and/or any of its employees, agents, officers, directors, members,
successors or assigns hereby waives any and all rights to bring any claim against Lessee or its employees,
agents, officers, directors, members, successors or assigns from or relating in any way to Lessee's
termination of this Agreement pursuant to this Section 25.
8.
Town consents to this Agreement. Section 14.3 of the Lease of Real Estate is incorporated herein by this
reference.
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, except as herein amended.
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IN WITNESS WHEREOF, the Agreement is made and entered into as of the last date written below.
LESSOR:
Boys & Girls Club of the Valley, Inc.
By: ___________________________________
Swati Webb
Date
CFO & VP of Business Operations
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C-22-04-107-4-06
LICENSEE:
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
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C-22-04-107-4-06
ACKNOWLEDGED AND APPROVED:
TOWN:
Town of Gilbert
___________________________________
Patrick Banger, Town Manager
___________________________________
Date
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ATTACHMENT “A”
LEASE OF REAL ESTATE
. · ..
LEASE OF REAL ESTATE
THIS LEASE OF REAL PROPERTY (the "Lease") is made this 7th day of
December, 2002, by and between the Town of Gilbert; Arizona, an Arizona municipal
corporation ("Town"), and the Boys and Girls Club of the East Valley, an Arizona not-for-profit
corporation ("BGCEV").
WITNESSETH
A.
Town is the owner of certain real property located at Elliot Road and Oak
Street in Town. The real property contains the Premises (as defined below) that are the subject
of this Lease.
B.
Town desires to lease to BGCEV the Premises for youth activities and
other compatible community recreational activities subject to the requirements of this Lease.
C.
BGCEV shall be required to design and construct a facility on the
Premises subject to the requirements of this Lease(" The Recreational Facility").
D.
The Recreational Facility will provide a community benefit to Town and
its residents by providing a safe place for youth for recreation and sporting activities, thereby
relieving some of the pressures·on Town recreational facilities.
·Now, THEREFORE, in consideration of the rent to be paid by the BGCEV, the
mutual covenants contained herein and other good and valuable consideration, the parties agree
as follow:
I. RECITALS
1.
Recitals. The foregoing recitals are incorporated into this Lease.
II. PREMISES
2.
Leased Area.
2.1
Exhibit 1.
Premises. The premises (the "Premises") are described on attached