DES LICENSE AGREEMENT P-50327 AMENDMENT 5.PDF
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P-50327 Amendment 5 C-22-19-034-L-05 DM19-004048 AMENDMENT No. 5 to LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN MARICOPA COUNTY (LICENSOR) AND ARIZONA DEPARTMENT OF ECONOMIC SECURITY (LICENSEE) RECITALS A. Licensor and Licensee are parties to that certain License Agreement No. P-50327 dated June 19, 2019 and subsequently amended by Amendment No. 1 dated December 11, 2019, Amendment No. 3 dated May 28, 2020, and Amendment No. 4 dated December 9, 2020 (collectively, the “Agreement”). The Agreement is for use of property at 735 N. Gilbert Road, Suite 134, Gilbert, Arizona 85234 (“Facility 2”) and, 4425 West Olive Avenue, Suites 190 and 200, Glendale, Arizona 85302 (“Facility 3”), Facility 2 and Facility 3 collectively, the “Facility” or “Facilities”; and B. The term of the Agreement expires June 30, 2021; and C. Amendment No. 2 to the Agreement (C-22-19-034-L-02) was never fully executed by the Parties; and D. The Parties now mutually desire to enter into this Amendment No. 5 (“Amendment”) to the Agreement retroactively as of February 1, 2021 to make an adjustment to Facility 2 and Facility 3 allocated spaces, common areas and costs associated with operation of Facility 2 and Facility 3, identify costs (Facilities Rent and Shared Operations Costs”) as defined on the attached Exhibit “3”, identify space allocation (DES Space Allocation (Per Program / Per Facility)) as defined on the attached Exhibit “4”, and to make certain other changes as hereinafter described. AGREEMENT NOW, THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged, the Parties agree 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. This Amendment shall be effective retroactive as of February 1, 2021 through June 30, 2021. 4. Exhibits “1B” “1C”, “3” and “4” are deleted in their entirety and replaced with Exhibits “1B”, “1C”, “3” and “4” attached hereto and by this reference made a part hereof. Page 1 of 9 P-50327 Amendment 5 C-22-19-034-L-05 DM19-004048 5. Section 12.0 is deleted in its entirety and replaced with the following: 12.1 Facility 2 - Licensor – total space of 23,500 square feet 12.1.1 Work Space area is 14,093 square feet, and 12.1.2 Common Area Space is 9,407 square feet. 12.2 Facility 3 – Licensor – total space of 26,290 square feet 12.2.1 Work Space area is 13,233 square feet, and 12.2.2 Common Area Space is 13,057 square feet. 12.3 Facility 2 - Licensee – total space of 2,049 square feet (8.72 % of facility) 12.1.1 Work Space area is 1,229 square feet, and 12.1.2 Common Area Space is 820 square feet. 12.4 Facility 3 - Licensee – total space of 1,524 square feet (5.80% of facility) 12.1.1 Work Space area is 767 square feet, and 12.1.2 Common Area Space is 757 square feet. The changes in 12.3 include an adjustment in space requested by Licensee through the deletion of CB 018 and RM 10, and the addition of a portion of RM 022. Space changes are depicted on Exhibit “1B – Facility 2”. The changes in 12.4 include the adjustment in space requested by Licensee through the deletion of: PO 108, CB 41, CB 16, CB 43, CB 49, CB 18, CB19, CB 23, CB 24, Workstations 104, CB 20 and RM 211. Space changes are depicted on Exhibit “1C – Facility 3” First and Second Floors. 6. This Agreement may be terminated pursuant to A.R.S. § 38-511. 7. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement not changed herein remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 9 P-50327 Amendment 5 C-22-19-034-L-05 IN WITNESS WHEREOF, the Parties enter into this Amendment. LICENSOR: LICENSEE: Maricopa County Arizona Department of Economic Security ____________________________________ ___________________________________ Jack Sellers David Steuber, Chief Procurement Officer Chairman of the Board of Supervisors ATTEST: ___________________________________ Date ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date Page 3 of 9 P-50327 Amendment 5 C-22-19-034-L-05 EXHIBIT “1B” Facility 2 Deleted Cubical No. CB018 Deleted Server Room 10 Add 57 sf in Room 022 EAST VALLEY CAREER CENTER 735 North Gilbert Road, Suite 134, Gilbert, AZ 85234 Page 4 of 9 P-50327 Amendment 5 C-22-19-034-L-05 EXHIBIT “1C” Facility 3 – First Floor Deleted Workstations 104 & Cubicles CB18, CB19, CB20, CB23 & CB24 Deleted Cubical CB16 Deleted Office 108 WEST VALLEY CAREER CENTER 4425 WEST OLIVE AVE GLENDALE, AZ 85302 Page 5 of 9 P-50327 Amendment 5 C-22-19-034-L-05 EXHIBIT “1C” Facility 3 – Second Floor Deleted Cubicles – CB41, CB43 and CB49 Deleted Training Room - RM 211 WEST VALLEY CAREER CENTER 4425 WEST OLIVE AVE GLENDALE, AZ 85302 Page 6 of 9 P-50327 Amendment 5 C-22-19-034-L-05 Exhibit “3” Facilities Rent and Shared Operation Costs Page 7 of 9 P-50327 Amendment 5 C-22-19-034-L-05 Exhibit “4” DES Space Allocation (Per Program / Per Facility) Page 8 of 9 P-50327 Amendment 5 C-22-19-034-L-05 Exhibit “4” Continued DES Space Allocation (Per Program / Per Facility) Page 9 of 9