P-50230_AMENDMENT_NO_2_-_06.01.23.DOCX.PDF
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LICENSE No. P50230 AMENDMENT No. 02 C-18-13-029-3-03 Page 1 of 6 AMENDMENT No. 2 TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY RECITALS A. Jack D. Church, Inc. dba Bartlett Lake Marina (“Licensor”) and Maricopa County, a political subdivision of the state of Arizona (“Licensee”) are parties to certain License Agreement No. P50230 dated April 10, 2013, as amended (“License”). The License is for use of certain facilities and property controlled by Licensor (“Property”) and receipt of services as further described in the License, at Bartlett Lake Marina, Bartlett Lake, Arizona. B. The License will expire on June 30, 2023. C. Licensor and Licensee now desire to enter into this Amendment No. 2 (“Amendment”) to the License to renew the License for an additional ten (10) years. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows: 1. The accuracy of the foregoing Recitals is acknowledged, and the Recitals are hereby incorporated herein. 2. Capitalized terms used in this Amendment without definition shall have the meanings assigned to such terms in the License unless context expressly requires otherwise. 3. Section 1 to the License, as amended by Section 3 of the Amendment 1 shall be deleted in its entirety and replaced with the following: a. Licensor hereby grants to Licensee a license to enter and use the Bartlett Lake Marina as shown on Exhibit “A”. The License term is hereby extended from July 1, 2023 through June 30, 2033. The annual License fee will remain at five thousand ($5,000.00) dollars during the entire License term. Either party may terminate this DocuSign Envelope ID: F2B552BA-D0BA-4A69-B674-CF19CFA63480 LICENSE No. P50230 AMENDMENT No. 02 C-18-13-029-3-03 Page 2 of 6 License by giving 180-day prior written notice to the other party. This License is subject to cancelation pursuant to the provisions of A.R.S. §38-511, the provisions of which are incorporated herein by this reference. 4. Section 4 of Amendment 1 to the License shall be deleted in its entirety. 5. Section 5 of Amendment 1 to the License shall be deleted in its entirety. 6. A new Section 8 is hereby added to the License and shall read as follows: Pursuant to A.R.S. § 35-394, Licensor warrants and certifies that it does not currently, and agrees for the duration of License 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 Licensor becomes aware during the term of the License that the Licensor is not in compliance with this paragraph, the Licensor shall notify the Licensee within five (5) business days after becoming aware of the noncompliance. Failure of Licensor to provide a written certification that the Licensor has remedied the noncompliance within one hundred eighty (180) days after notifying Licensee of its noncompliance, this License shall terminate unless the term of this License shall end prior to said one hundred eighty (180) day period. 7. The Assistant County Manager for Maricopa County, and/or the Real Estate Director for Maricopa County shall administer this License, including execution of documents. 8. This License 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. DocuSign Envelope ID: F2B552BA-D0BA-4A69-B674-CF19CFA63480 LICENSE No. P50230 AMENDMENT No. 02 C-18-13-029-3-03 Page 3 of 6 9. This License shall be governed by and constructed under the laws of the State of Arizona. The Parties hereby agree that the venue for any claim arising out of or in any way related to this License shall be Maricopa County, Arizona. 10. The foregoing paragraphs contain all the changes made to the License by this Amendment. All other terms and conditions of the License remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: F2B552BA-D0BA-4A69-B674-CF19CFA63480 LICENSE No. P50230 AMENDMENT No. 02 C-18-13-029-3-03 Page 4 of 6 IN WITNESS WHEREOF, the parties have signed this Amendment: LICENSOR: Jack D. Church, Inc. dba Bartlett Lake Marina _____________________________________ Brian D, Church, Director ______________________________________ Date DocuSign Envelope ID: F2B552BA-D0BA-4A69-B674-CF19CFA63480 6/2/2023 LICENSE No. P50230 AMENDMENT No. 02 C-18-13-029-3-03 Page 5 of 6 LICENSEE: MARICOPA COUNTY, a political subdivision of the State of Arizona By: Clint Hickman Chairman of the Board of Supervisors ATTEST: Clerk of the Board Date APPROVED AS TO FORM: Deputy County Attorney DocuSign Envelope ID: F2B552BA-D0BA-4A69-B674-CF19CFA63480 LICENSE No. P50230 AMENDMENT No. 02 C-18-13-029-3-03 Page 6 of 6 DocuSign Envelope ID: F2B552BA-D0BA-4A69-B674-CF19CFA63480