AMENDMENT 3 TO LICENSE P-50298 RE DEER VALLEY UNITED SCHOOL DISTRICT X.PDF

License No. P-50298 Amendment No. 3
C-86-17-052-L-03
AMENDMENT No. 3 TO REVOCABLE LICENSE AGREEMENT
BETWEEN
DEER VALLEY UNIFIED SCHOOL DISTRICT
AND
MARICOPA COUNTY
RECITALS
A. Deer Valley Unified School District, an Arizona school district (“Licensor”) and Maricopa County,
a political subdivision of the State of Arizona (“Licensee”), (collectively, the “Parties”) are parties
to that certain License Agreement P-50298 dated March 29, 2017 and subsequently amended on
September 28, 2018 and August 19, 2020, (collectively, “Agreement”). The Agreement is for use
of licensed space located at 18440 North 15th Avenue, Phoenix, AZ 85023.
B. The term of the Agreement expires September 30, 2022.
C. The Parties now mutually desire to enter into this Amendment No. 3 (“Amendment”) to amend the
Agreement to: a) expand the Premises including alterations; b) create a new term allowing for early
termination; c) adjust the monthly use fee; d) provide for administration authority and counterpart
signatures; and e) update Licensee’s notice address Addressee.
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 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. Pursuant to this Amendment, upon completion of the Alterations as hereinafter defined, the
definition of Premises is expanded to include Room B123 (“Expansion Space”) as described on
Exhibit “A”, attached hereto and made a part hereof. All references in the Agreement, as amended,
to “Premises” shall mean the Premises as modified pursuant to this Amendment.
4. Licensor agrees to make Alterations to the Expansion Space as set forth in the scope of work on
Exhibit “B”, attached hereto and by this reference, made a part hereof (“Alterations”), at the sole
expense of the Licensor, not to exceed an amount of two thousand seven hundred ($2,700.00)
dollars. Licensee shall reimburse Licensor within forty-five (45) days of receipt an itemized invoice
certifying the final cost which must be approved by the Licensee.
Licensee hereby designates Mark Rooney who can be reached at mark.rooney@maricopa.gov or
by phone at 602.620.5529, as its representative and agent for the purpose of receiving notices,
reviewing submittals and issuing requests for changes to the proposed Alterations and for
Licensee’s review of the installed Alterations. The Licensor hereby designates Jeff Long, who can
be reached at jeff.long@dvusd.org or by phone at 602.467.5021, as its representative and agent for
the purpose of receiving notices, reviewing submittals and requests for changes to the proposed
Alterations.
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License No. P-50298 Amendment No. 3
C-86-17-052-L-03
5. The Agreement term will be extended five (5) years from the Commencement Date as hereinafter
defined, through five (5) years thereafter (“Extension Period”). The Agreement is subject to
termination pursuant to the provisions of A.R.S. § 38-511. This Agreement may be terminated by
Licensee at the end of any fiscal year due to non-appropriation of funds without any penalty or
liability to Lessee. County and state fiscal years end June 30, Federal fiscal year ends September
30.
6. The Agreement, as amended, will automatically renew for two (2) additional 5-year terms, unless
either Party provided written notice at least sixty days prior to that current term’s expiration date
of the desire to not renew or the Agreement is terminated early as provided for in the Agreement.
7. Either Party may terminate this Agreement early with a 90-day written notice to the other.
8. The monthly Use Fee shall remain at its current rate of nine hundred ($900.00) dollars, gross, until
such time Licensee has accepted the Alterations to the Expansion Space as complete and a
Memorandum of Commencement Date, in substantially the same format as the attached Exhibit C
(“Commencement Date”), is executed; at which time the Use Fee will increase to thirteen hundred
and fifty ($1,350.00) dollars, gross, per month.
9. Administration of Agreement. The Assistant County Manager for Maricopa County, and/or the
Real Estate Director for Maricopa County shall administer this Agreement.
10. Counterparts. This Agreement, as amended, 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.
11. Notice address for Licensee shall be:
Maricopa County
Attn: Director, Real Estate Dept.
2801 W Durango Street
Phoenix, Arizona 85009
Please send invoices to:
WIC@maricopa.gov
12. 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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License No. P-50298 Amendment No. 3
C-86-17-052-L-03
IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the date last written
below.
LICENSOR:
Deer Valley Unified School District,
an Arizona School District
_______________________________________
Heather Mock, Date
Director of Finance
LICENSEE:
Maricopa County, a political subdivision of
state of Arizona
_______________________________________
Jack Sellers,
Chairman of the Board of Supervisors
ATTEST:
_______________________________________
Clerk of the Board Date
APPROVED as to FORM:
_______________________________________
Deputy County Attorney Date
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License No. P-50298 Amendment No. 3
C-86-17-052-L-03
Exhibit A
Property & Premises
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License No. P-50298 Amendment No. 3
C-86-17-052-L-03
Exhibit B
Alterations Scope of Work
Cutting door access plus electrical move $350.00
Adding a sidewalk to get around new fencing $670.00
Fencing and 2 gates north side $1680.00
Total Not to Exceed $2700.00
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License No. P-50298 Amendment No. 3
C-86-17-052-L-03
Exhibit C
Memorandum of Commencement Date
This Memorandum of Commencement Date is between Deer Valley Unified School District, an Arizona
school district (“Licensor”) and Maricopa County, a political subdivision of the State of Arizona
(“Licensee”).
Licensor and Licensee have agreed to execute this Memorandum of Commencement Date to
specify the Commencement Date of the Extension Period, as it relates to Suites B101 & B123
(“Premises”).
NOW, THEREFORE, the Parties hereto confirm and agree as follows.
1) The Commencement Date of the Extension Period is ___________
2) Use Fee of $1,350.00 for the Premises begins to accrue as of ___________
3) The expiration date of the Agreement is ___________
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Commencement Date, as of the
date and year written below
Licensor:
Deer Valley Unified School District
___________________________________
Heather Mock, Date
Director of Finance
Licensee:
Maricopa County
___________________________________
{Printed Name} Date
Director,
Maricopa County Real Estate Department
Approved as to Form:
___________________________________
Deputy County Attorney Date
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