DES LICENSE AMENDMENT 1-P-50327.PDF
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P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 AMENDMENT No. 1 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, (“Agreement”). The Agreement is for use of property at 1840 N. 95th Avenue, Suite 160, Phoenix, Arizona 85037 (“Facility 1”) and 735 N. Gilbert Road, Suite 134, Gilbert, Arizona 85234 (“Facility 2”), collectively, the “Facility” or “Facilities”, and B. The term of the Agreement expired June 30, 2019, and C. The Parties now mutually desire to enter into this Amendment No. 1 (“Amendment”) to the Agreement to retroactively extend the term of the Agreement, adjust the Facilities’ allocated space and common areas, define a new facility location and make certain other changes as hereinafter described. AGREEMENT NOW, THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the 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. Section 12 Facility Work Space and Common Area of the Agreement is replaced in its entirety with the following: 12.1 Facility 1 - Licensor – total space of 32,710 square feet 12.1.1 Work Space area is 14,417 square feet, and 12.1.2 Common Area Space is 18,293 square feet. 12.2 Facility 2 - Licensor – total space of 23,500 square feet 12.2.1 Work Space area is 12,986 square feet, and 12.2.2 Common Area space is 10,514 square feet. 12.3 Facility 1 - Licensee total space of 5,845 square feet (17.87% of facility) 12.3.1 Work Space area is 2,576 square feet, and 12.3.2 Common Area Space is 3,269 square feet. 12.3.3 Allocated space depicted on Exhibit “1A”, Exhibit 3 and Exhibit 4, all of which exhibits are attached hereto and incorporated herein by this reference. 12.4 Facility 2 - Licensee – total space of 2,331 square feet (9.92% of facility) 12.4.1 Work Space area is 1,288 square feet, and Page 1 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 12.4.2 Common Area Space is 1,043 square feet 12.4.3 Allocated space depicted on Exhibit “1B”, Exhibit 3 and Exhibit 4. 4. The term of the Agreement is hereby extended for the first of the five (5) one (1) year term extensions, to commence retroactively as of July 1, 2019 and expire June 30, 2020. 5. On December 31, 2019, Licensor plan to close Facility 1 and Licensor and Licensee will move on or before January 1, 2020 to a new location with an address of 4425 W. Olive Avenue, Glendale, Arizona (“Facility 3”). The allocated space and common areas is expected to be defined via amendment at that time. 6. Section 17 Background Checks of the Agreement is deleted in its entirety and replaced with the following: Background Checks. Licensee shall ensure that all program staff and assigned volunteers located in the Facilities, obtain a state and federal criminal records check pursuant to A.R.S. § 41-1750 and Public Law 92-544, before being assigned to work in the Facilities. Licensee shall provide written confirmation that all program staff and the volunteers have completed criminal records check. Written confirmation shall be provided within 15 days of execution of this Agreement and within five (5) days of assigning/ hiring of any new staff and new volunteers to work in the Facilities. Confirmation shall be provided to the Maricopa County Human Services Department Workforce Development Division Contract Unit as noted in paragraph 18.0. 7. Section 18 Fingerprinting of the Agreement is deleted in its entirety and replaced with the following: Fingerprinting. Licensee shall ensure that all program staff and assigned volunteers located in the Facilities obtain fingerprint clearance cards. Licensee shall confirm that all program staff and assigned volunteers have completed the fingerprint clearance. Licensee shall provide to the Maricopa County Human Services Workforce Development Division Contract Unit the names of staff and assigned volunteers that perform work in the Facilities and confirmation of fingerprint clearance and confirmation of background check as noted for in Section 17.0 above, via email, to the following email address: HSDContract@Maricopa.gov 8. Since this Agreement will require administrative action from time to time, including execution of documents, to carry out the intent of the Agreement, both the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County each, individually and separately, are hereby given the authority and charged with the responsibility for proper administration of this Agreement, whether or not specific authority is granted in any provision of this Agreement. 9. 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. Page 2 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 IN WITNESS WHEREOF, THE Parties enter into this Agreement. LICENSOR: LICENSEE: Maricopa County Arizona Department of Economic Security ____________________________________ ___________________________________ Bill Gates, Chairman of the Board Patty Clark, Chief Procurement Officer ATTEST: ___________________________________ Date ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date Page 3 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 EXHIBIT “1A” Facility 1 WEST VALLEY CAREER CENTER 1840 NORTH 95TH AVENUE, #160 PHOENIX, AZ 85037 Page 4 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 EXHIBIT “1B” Facility 2 East Valley Career Center 735 N. Gilbert Road, Suite 134, Gilbert, AZ 85234 Page 5 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 Exhibit “3” Facilities Rent and Shared Operations Costs Licensor Facility 1 West Valley Work Space 14,417 sq. ft. Common Space 18,293 sq. ft. Total Space 32,710 sq. ft. License Period Base Rent Base rent per Base Base Year Months From To Sq. Ft./Year Rent/Month Rent/Month FY 20 6 7/1/2019 12/31/2019 27.50 sq. ft. $74,960.42 $449,732.49 Licensor Facility 2 East Valley Work Space 12,986 sq. ft. Common Space 10,514 sq. ft. Total Space 23,500 sq. ft. License Period Base Rent Base rent per Base Base Year Months From To Sq. Ft./Year Rent/Month Rent/Month FY 20 12 7/1/2019 6/30/2020 12.81 sq. ft. $25,086.25 $301,035.00 Licensee Facility 1 West Valley Percentage of total spaced used 17.87% Work Space 2,576 sq. ft. Common Space 3,269 sq. ft. Total Space 5,845 sq. ft. License Period Base Rent Base rent per Base Base Year Months From To Sq. Ft./Year Rent/Month Rent/Month FY 20 6 7/1/2019 12/31/2019 27.50 sq. ft. $13,394.79 $80,368.75 Licensee Facility 2 East Valley Percentage of total spaced used 9.92% Work Space 1,288 sq. ft. Common Space 1,043 sq. ft. Total Space 2,331 sq. ft. License Period Base Rent Base rent per Base Base Year Months From To Sq. Ft./Year Rent/Month Rent/Month FY 20 12 7/1/2019 6/30/2020 12.81 sq. ft. $2,488.34 $29,860.11 Page 6 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 Exhibit “4” DES Space Allocation (Per program / Per facility) Page 7 of 8 P-50327 Amendment 1 C-22-19-034-L-01 DM19-004048 Exhibit “4” DES Space Allocation (Per program / Per facility) Page 8 of 8