AMENDMENT NO 2 TO LICENSE P-50308 RE TEMPE UNIFIED HIGH SCHOOL DISTRICT.PDF
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License Agreement P-50308 Amendment No. 2 C-22-17-064-L-02 AMENDMENT NO. 2 TO FACILITIES USE/REVOCABLE LICENSE AGREEMENT BETWEEN TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 AND MARICOPA COUNTY RECITALS A. This Amendment No. 2 (“Amendment”) to that certain Facilities Use/Revocable License Agreement No. P-50308 dated June 14, 2017 and amended June 26, 2019 (collectively, “Agreement”) is made and entered into by and between Maricopa County, a political subdivision of the State of Arizona (“Licensee”) and the Tempe Union High School District No. 213, a political subdivision of the State of Arizona (“Licensor”), (collectively, “Parties”). The Agreement is for premises located at 500 West Guadalupe Road, Tempe, AZ 85283 (“Property”), consisting of two classrooms, playground space, and meeting/common area on the Property (“Premises”) for Early Head Start Program use. B. The term of the Agreement, as amended, expires on June 30, 2021. C. The Parties now mutually desire to enter into this Amendment to extend the term of the Agreement; delete an original recital and remove the year-round Use provision including the annual costs that cover summer closure and summer shutdown periods; and allow for the Agreement, as amended, to be executed in one or more counterparts. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Licensee and Licensor 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. The term of the Agreement is hereby extended one (1) year, commencing July 1, 2021 through June 30, 2022, unless terminated earlier as provided for in the Agreement. This Agreement as amended is subject to termination pursuant to A.R.S. §38-511, the provisions of which are incorporated herein by this reference. 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. 4. Section 2.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 2.1 Licensee shall utilize Premises to provide the Use during mutually agreed upon times when the facility is open and operational. License Agreement P-50308 Amendment No. 2 C-22-17-064-L-02 5. Upon the extension of the term, Section 4.1 of the Agreement is deleted in its entirety and replaced with the following: 4.1 Licensor agrees to provide Licensee use of the Premises for an annual cost of zero dollars per year. 6. The fifth Whereas shall be deleted in its entirety. 7. This Agreement, as amended, may be executed in one or more counterparts and the signature pages combined shall constitute one document. 8. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement shall remain the same and in full force and effect, except as herein amended. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK License Agreement P-50308 Amendment No. 2 C-22-17-064-L-02 IN WITNESS WHEREOF, the Parties have signed this Amendment. TEMPE UNION HIGH SCHOOL DISTRICT MARICOPA COUNTY: No. 213: _____________________________________ ____________________________________ Brian Garcia Date Jack Sellers, Chairman of the Board Governing Board President ATTEST: ____________________________________ Clerk of the Board Date APPROVED as to FORM: APPROVED as to FORM: _____________________________________ ____________________________________ Attorney for the District Date Deputy County Attorney Date