AMENDMENT 6 TO LICENSE P-50172 RE CITY OF PHOENIX.PDF
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License No. P-50172 C-85-11-028-3-06 AMENDMENT No. 6 to NON-EXCLUSIVE LICENSE AGREEMENT Between MARICOPA COUNTY And CITY OF PHOENIX RECITALS A. City of Phoenix, an Arizona municipal corporation (“City”) and Maricopa County, a political subdivision of the State of Arizona (“County”), (collectively, the “Parties”), are Parties to that certain License Agreement P-50172 dated July 6, 2011 and subsequently amended on July 7, 2016, July 26, 2017, May 23, 2018, May 22, 2019 and May 20, 2020 approved by Maricopa County and as authorized by the City Council via Ordinance S- 37825 on May 4, 2011 (collectively, the “Agreement”) for access to and use of Fire Station No. 40 at 3838 N. 83rd Avenue, Phoenix, AZ (the “Site”) for installing, maintaining and operating air quality monitors. B. The term of the Agreement expires July 5, 2021. C. The Parties now mutually desire to enter into this Amendment No. 6 (“Amendment”), authorized by City Council via Ordinance S-47608 on 6/2/2021, to amend the Agreement to establish a new term; allow for additional renewals and early termination; and allow for administration authority for County. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, City and County agree to amend the Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated into this Agreement. 2. The Parties mutually agree the term of the Agreement is hereby extended for five (5) years, commencing July 1, 2021 through June 30, 2026, unless terminated earlier as provided for in the Agreement. The Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. §38-511. This Agreement may be terminated by either Party with 30- days’ prior written notice to the other. The Agreement may be renewed for two (2) additional terms of five (5) years each if County gives written notice to City of its intent to renew within 90-days prior to the end of the term or the renewal term, as the case may be. 3. Administration of Agreement. The Assistant County Manager for Maricopa County and/or the Real Estate Director for Maricopa County shall administer this Agreement, as amended. License No. P-50172 C-85-11-028-3-06 4. 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. 5. 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 License No. P-50172 C-85-11-028-3-06 IN WITNESS WHEROF, the Parties have signed this Amendment. Maricopa County, a political subdivision of the State of Arizona ____________________________________ Jack Sellers, Chairman of the Board ATTEST: ____________________________________ Clerk of the Board Date APPROVED AS TO FORM: ____________________________________ Deputy County Attorney Date License No. P-50172 C-85-11-028-3-06 IN WITNESS WHEROF, the Parties have signed this Amendment. CITY OF PHOENIX, a municipal corporation ED ZUERCHER, City Manager _______________________________________ By: Jami Spear Its: Deputy Finance Director Date ____________________ APPROVED AS TO FORM: CRIS MEYER, City Attorney _______________________________________ By: Deryck R. Lavelle Its: Assistant Chief Counsel Date ____________________ ATTEST: _______________________________________ By: Denise Archibald Its: City Clerk Date ____________________