AMD 2 TO LEASE P-50167 RE CITY OF GLENDALE.PDF
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License No. P-50167 C-85-11-025-3-02 AMENDMENT No. 2 TO LICENSE AGREEMENT BETWEEN CITY OF GLENDALE AND MARICOPA COUNTY RECITALS A. City of Glendale, an Arizona municipal corporation (“Glendale”) and Maricopa County, a political subdivision of the state of Arizona (“County”), (collectively, the “Parties”) are Parties to that certain License Agreement No. P-50167 dated July 5, 2011 and amended October 19, 2016 (collectively, the “Agreement”). The Agreement is for access and use of Fire Station No. 154 at 4439 West Peoria Avenue, Glendale, AZ (the “City Property”) as an air quality monitor site. B. The term of the Agreement expires on May 31, 2021. C. The Parties now mutually desire to enter into this Amendment No. 2 (the “Amendment”) to amend the Agreement to; (1) extend the term of the Agreement, (2) provide for counterpart signatures of the Agreement as amended, and (3) update Notice section for County. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Glendale and County 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, at the same rate, for five (5) years commencing June 1, 2021 through May 31, 2026, 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 either party at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to such party. County and state fiscal years end June 30, Federal fiscal year ends September 30. 4. This Agreement, as amended, may be executed in one or more counterparts and the signature pages combined to constitute one document. 5. Notice for County is changed as follows: Maricopa Real Estate Department Attn: Michelle Colby, Director 2801 W. Durango Street Phoenix, AZ 85009 6. 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, except as herein amended. License No. P-50167 C-85-11-025-3-02 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. Maricopa County, a political subdivision City of Glendale, a municipal corporation of the State of Arizona ____________________________________ ____________________________________ Jack Sellers, Chairman of the Board Kevin Phelps, City Manager ATTEST: ATTEST: ____________________________________ ____________________________________ Clerk of the Board Date City Clerk Date APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________________ ____________________________________ Deputy County Attorney Date City Attorney Date