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41. SPECIAL USE AGREEMENT WITH PETSMART CHARITIES, INC. FOR RETAIL SPACE Approve and execute Special Use Agreement between PetSmart Charities, Inc., and Maricopa County for approximately 1,830 square feet of retail space located within PetSmart Store #1265, Tempe Marketplace, 1900 E Rio Salado Parkway, Tempe, AZ 85281 to be used as an Adoption Center operated by Maricopa County Animal Care and Control. The term of this Agreement shall be for three years, with option for automatic renewal for subsequent one year periods commencing on the September 1, 2010. The term of the Agreement will be for three years with option for automatic renewal for subsequent one year periods. Maricopa County will supply animals and staffing to operate the Adoption Center. Animals and staff will be relocated from existing shelters to the Adoption Center. PetSmart Charities will provide the space, cages, equipment, pet food, utilities, at no cost to Maricopa County. Maricopa County may terminate this Agreement after giving a 90 day notice without cause. PetSmart Charities may terminate this Agreement after giving a 30 day notice without cause. (C-79-11-024-3-00)

Vote: approved

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34. AGREEMENT WITH PETSMART CHARITIES, INC FOR PET ADOPTION RETAIL SPACE Approve and execute Special Use Agreement between PetSmart Charities, Inc., and Maricopa County for retail space located within PetSmart Store #1864, located at 4380 North Miller Road, Scottsdale, AZ 85254 to be used as an Adoption Center operated by Maricopa County Animal Care and Control. The term of this Agreement shall be for three years, with option for automatic renewal for subsequent one year periods commencing on October 20, 2010. Rescind the action taken by the Board on September 15, 2010 agenda item C-79-11-024-3-00, which approved a Special Use Agreement with PetSmart Charities, Inc., for approximately 1,830 square feet of retail space located within PetSmart Store #1265, Tempe Marketplace, 1900 E. Rio Salado Parkway, Tempe, AZ 85281 to be used as an Adoption Center operated by Maricopa County Animal Care and Control. The term of the Agreement will be for three years with option for automatic renewal for subsequent one year periods. Maricopa County will supply animals and staffing to operate the Adoption Center. Animals and staff will be relocated from existing shelters to the Adoption Center. PetSmart Charities will provide the space, cages, equipment, pet food, utilities, at no cost to Maricopa County. Maricopa County may terminate this Agreement after giving a 90 day notice without cause. PetSmart Charities may terminate this Agreement after giving a 30 day notice without cause. (C-79-11-045-3-00)