REVISED AMD 2 LICENSE P-50314 RE SHEELY FARMS.PDF

LICENSE N0. P-50314 REVISED AMENDMENT No. 02
C-70-18-002-M-03
REVISED AMENDMENT No. 2 TO REVOCABLE LICENSE AGREEMENT
BETWEEN
KEN SHEELY RANCHES PARTNERS, LICENSEE
AND
MARICOPA COUNTY, LICENSOR
RECITALS
A. Licensee and Licensor are parties to that certain Revocable License Agreement No. P-50314 dated
November 8, 2017 and subsequently amended on November 7, 2018 and October 23, 2019
(collectively, “Agreement”). The Agreement is for farming purposes at the Northwest corner of
Van Buren and 103rd Avenue, Avondale, Arizona, consisting of approximately 15.5 acres of
agricultural land (“Premises”).
B. The term of the license expires on December 31, 2020.
C. Licensor and Licensee entered into Amendment No. 2 to the Agreement on October 23, 2019
(“Original Amendment No. 2”) (C-70-18-002-M-02) and now, prior to its effective date of January
1, 2020, both parties mutually desire to modify its terms as hereinafter defined.
D. Licensor and Licensee now mutually desire to enter into this Revised Amendment No. 2
(“Amendment”) to the Agreement to redefine the Premises, assign the responsibility to the
Licensee to relocate the irrigation supply ditch, adjust the annual license fee, and add the ability
for Licensor to terminate occupancy of a portion of the Premises.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufficiency and adequacy of which are hereby acknowledged, Licensor and
Licensee agree to amend the Agreement as follows:
1. The Recitals, by this reference, are hereby incorporated in 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. Amendment No. 2 is hereby revised as set forth below:
a) Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A,
attached hereto and by this reference made a part of the Agreement, as amended.
b) Paragraph 4 of the Agreement is hereby deleted in its entirety and replaced with the
following:
Upon thirty (30) days’ written notice to Licensee from Licensor, Licensee shall no longer
be able to farm Area A depicted on Exhibit A which will result in a reduction of the
Premises to approximately 11.6 acres, depicted as Area B on Exhibit A. The amount of the
annual fee shall not be affected by any reduction in area of the Premises.
Upon notice that Licensee must vacate Area A, Licensee shall, at its sole cost and expense,
remove the irrigation supply ditch from Area A and install an alternate irrigation supply
ditch on Area B to accommodate Licensee’s Permitted Use of the Premises and return

LICENSE N0. P-50314 REVISED AMENDMENT No. 02
C-70-18-002-M-03
Area A to a clean and safe condition. Licensee shall provide plans for the ditch relocation
to Licensor for review and approval prior to commencement of any work. Licensee, at its
sole cost and expense, shall also determine the location of any buried utilities, if any, prior
to relocating the irrigation supply ditch.
c) Paragraph 5 of the Agreement is hereby deleted in its entirety and replaced with the
following: Licensee shall pay Licensor a non-refundable annual fee for the one (1) year
term extension of $950.00 plus any applicable taxes.
4. This Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. §38-
511. The term of the Agreement may be extended by written mutual agreement.
5. The effective date of this Amendment is the date of execution by both Parties.
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.
IN WITNESS WHEREOF, the parties have signed this Amendment.
LICENSEE: Ken Sheely Ranches Partners LICENSOR: Maricopa County
____________________________________ ____________________________________
Ken Sheely, Managing Member Bill Gates
Chairman of the Board of Supervisors
____________________________________ ATTEST:
Date
____________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
____________________________________
Deputy County Attorney Date

LICENSE N0. P-50314 REVISED AMENDMENT No. 02
C-70-18-002-M-03
EXHIBIT “A”
Premises