DES LICENSE AMENDMENT 1-P-50327.PDF

Maricopa County — Formal (2019-12-11)

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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
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P-50327 Amendment 1
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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.
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P-50327 Amendment 1
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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
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P-50327 Amendment 1
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EXHIBIT “1A”
Facility 1
WEST VALLEY CAREER CENTER
1840 NORTH 95TH AVENUE, #160 PHOENIX, AZ 85037
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P-50327 Amendment 1
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EXHIBIT “1B”
Facility 2
East Valley Career Center
735 N. Gilbert Road, Suite 134, Gilbert, AZ 85234
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P-50327 Amendment 1
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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
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P-50327 Amendment 1
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Exhibit “4”
DES Space Allocation
(Per program / Per facility)
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P-50327 Amendment 1
C-22-19-034-L-01 DM19-004048
Exhibit “4”
DES Space Allocation
(Per program / Per facility)
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