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Home My WebLink AboutProperty #: C-8477-2 - 9/20/2019 C-8477-2 SECOND AMENDMENT TO OFFICE LEASE AGREEMENT This 2nd Amendment to Lease Agreement(this "Amendment"),is made and entered into as of the 2 day of VIU*LMbtr,2019 and is by and between the City of Glendale,an Arizona municipal corporation("Landlord"), and the Glendale Chamber of Commerce,an Arizona not-for-profit corporation(Tenant"). RECITALS: WHEREAS, City, as Landlord/Lessor, and the Glendale Chamber of Commerce, as Tenant/ Lessee, have entered previously into a Lease Agreement dated May 28, 2013 (collectively, the "Office Lease Agreement"), as amended by the First Amendment to Lease dated November 14, 2014 for a portion of the office building located at 5800 W.Glenn Drive,Glendale,AZ 85301 (the"Premises"),and WHEREAS, Landlord and Tenant desire to alter, amend or modify certain provisions of the Lease in accordance with the provisions of this Amendment. NOW,THEREFORE,in consideration of the foregoing,the mutual promises and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Incorporation by Reference. The Office Lease Agreement and First Amendment are specifically incorporated herein and remain in full force and effect except as amended by this 2nd Amendment. In the event of any conflict between this 2nd Amendment and the Office Lease Agreement, the Office Lease Agreement shall control and be binding on the Parties. 2. Parking. Landlord hereby provides a license to Tenant to utilize eleven (11) assigned parking spaces in the parking structure adjacent to the Premises. The parking spaces are specifically identified as numbers 45,46,47,48,49, 50,97,98,and 99 on the map attached hereto as Exhibit A-1 and letters A and B on the map attached hereto as Exhibit A-2. 3. Compensation. There is no charge for Tenant's use of these parking spaces under this license. 4. Insurance and Indemnification of Landlord. Tenant is required to insure and to indemnify and hold the City harmless as provided in Section 20 of the Office Lease Agreement for Tenant's use of the Parking Spaces. 5. Tenant's Responsibilities. (a) Tenant shall be responsible for ensuring that all its employees, agents and invitees comply with the applicable parking rules, regulations, laws and agreements. Landlord will not be responsible for any damage to vehicles,injury to persons or loss of property,all which risks are assumed by the party using the parking area. (b) Tenant shall also pay its share of the cost of maintenance, operation, repair and management of the Automobile Parking Area in accordance with Sections 5 and 6 of the Office Lease Agreement. 6. Termination. The license to use the parking spaces identified in Section 2 above shall terminate on August 31,2023 unless the Tenant exercises its option to renew the Lease in accordance with Section 3.2 of the Office Lease Agreement. City may revoke Tenant's license to use these parking spaces by providing 30 days' prior notice to continue such use. Notice shall be provided to Tenant in accordance with Section 32 of the Office Lease Agreement. 7. Effective Date. The "Effective Date" of this Amendment shall mean the date on which the Amendment is signed by the last party. AMENDMENT—MODE Real Estate Management Services,LLC IN WITNESS WHEREOF, the parties have duly executed this Second Amendment to Office Lease Agreement this j day of 00t-2019. LANDLORD: TENANT: City of Glendale Glendale Chamber of Commerce An Arizona municipal corporation An Arizona not-for-profit corporation By 119/4 By. RObt;\ -kK)-a4))/ a,i evin R.Phelps Robert W.Heidt,Jr. Title: City Manager I Title: President&CEO G, Date of Signature: 1111 1 9 Date of Signature: 1 V l l ATTEST: [Notary Acknowledgement Appears Below] I ,� City • d, APPROVED AS TO FORM: City Att STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA /) On this I 1 •,y of NOV' ber , 2-01 q , befoz me� the undersigned officer, personally appeared,., . '. 11 ' . P/ ' , the Orly�/ MQIMQger of ThQi C( Q '� .I1 , and he/she,in such caps ty,being thorized so to do, executed the foregoingtinstrument for the purposes there contained on behalf of Tenant. 9,, .' Public My Commission Expires: KAI3 20).-3 DEANNE TORRES Notary Public-state of Arizoi y, ') MARICOPACOUNTY l#s 2 [ Commission 1563256 atin.!% Expires May 31,2023 i•, • ' i 26 27 i 28 29 i 30 31 32 33 ! 34 35 38 37 38 39 i 40 41/ . 4O' j j � N Viiit . L!,/ 76 77 78 79 80 81 82 83 84185 86 87 88 89 90 91 92 93 94 96 96 • iii fj '�.• ' lht 75 7a cc cc cc FAT; /////Ad L� RAMP TO 1ST LEVEL ®S ' N j r/. NUMBER OF PARKING{STALLS FOR BASEMENT ®8 RAMP ACCOUNTEb FOR ON 1ST LEVEL V ®C) N 72 73 N /j __\ . ®f) N 71 70 69 68 67 66 65 64 63 621 61 60 59 58 57 56 55 54 53 52 51 ®n er // • N r N � W ; 18 17 16 16 14 13 12 11 10 9 8 7 8 6 4 3 2 1 -- - ' `S . . . EXHIBIT A-1 SECOND AMENDMENT TO OFFICE AGREEMENT FOR BANK OF AMERICA BUILDING RESERVED PARKING FOR GLENDALE CHAMBER OF COMMERSE BASEMENT LEVEL SPACES:45,46,47,48,49,50,97,98,99 CC=CHAMBER OF COMMERCE This map is for illustrative purposes for parking stall assignments only. Equipment and building modifications made after parking garage 10/07/2019 construction may not be reflected on this map. ES Owtt = ilOr - �! � IIIi1110 _ illiIi iiIii,,I till piii `1iiii �aiii � ii ` tl j! iii$k , _. I 1 171 ._1'i jEa i la%la , 4. / A - u u u u u u u u u //ii 6770 i. -: , ,... RAMP TO BASEMENT= 4- ^ t 7 OF THE 36 PARKING STALLS, RAMP TO 2ND LEVEL 0 ARE RESERVED.29 UNASSIGNED. ... tom_ `. . " /' �� ' IJ U V U V U U U U V / �i�� rte/ m j��u�u�u�u�u�u�u�o��o�o�u u�u�u�u�u�u�u ) 0 .— P. I 11. „„,..• .r/r/Zyi IM BANK OF AMERICA ,��` :fi• '7••, ' 1•0 0 101 102 103 104 106 106 ji DRIVE-THRUofr%y'xg4 .•.•, ® ® \ \® ,�— . cr UI••.UI '4„ -• :1 i _ I / Numb - ■ III .. [• SECONDAMENDMENTTOOFFICEAGREEMENT• I. BANK OF AMERICA BUILDING ,, RESERVED PARKING FOR GLENDALE CHAMBER OF COMMERSE BASEMENT LEVEL tt SPACES: A•B 1 CC=CHAMBER OF COMMERCE This map is for biuve purposes for parking stall assignments only. Equipment and building modifications made after parking garage 10/07/2019 construction may no[be reflected on Nis map.