LICENSE AMD 1 W BARTLETT MARINA P-50230.PDF

LICENSE No. P50230 AMENDMENT No. 01
C-18-13-029-3-01
AMENDMENT No. 1 TO LICENSE AGREEMENT
FOR USE OF REAL PROPERTY
RECITALS
A. Jack D. Church, Inc., dba Bartlett Lake Marina, (“Licensor”) and Maricopa County, a
political subdivision of the state of Arizona (“Licensee”) are parties to that certain License
Agreement No. P50230 approved by the Maricopa County Board of Supervisors on April
10, 2013 (“License”). The License is for use of certain facilities and property controlled by
Licensor (“Property”) and receipt of services as further described in the License, at Bartlett
Lake Marina, Bartlett Lake, Arizona.
B. The License expired June 30, 2018.
C. Due to lake level fluctuations, Licensee’s boathouse and appurtenances (“Lake Patrol
Facilities” or “Facility”) must be relocated to the location shown on Exhibit “A”, attached
hereto and made a part hereof. This new exhibit replaces the Exhibit A in the License.
D. Licensor and Licensee now mutually desire to enter into this Amendment No. 1
(“Amendment”) to the License to retroactively renew the License for an additional five (5)
years, relocate the Lake Patrol Facilities, provide a method for emergency moves/repairs
and payments, as well as update Licensee notice address.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and
Licensee agree to amend the License as follows:
1. The accuracy of the foregoing Recitals is acknowledged and the Recitals are hereby
incorporated herein.
2. Capitalized terms used in this Amendment without definition shall have the meanings
assigned to such terms in the License, unless the context expressly requires otherwise.
3. The License term is hereby retroactively extended from July 1, 2018 through June 30, 2023.
The annual License fee will remain at five thousand ($5,000.00) dollars during the entire
License term, with the first year’s rate pro-rated from October 1, 2018 to June 30, 2019.
This License is subject to termination pursuant to the provisions of A.R.S. § 38-511, the
provisions of which are incorporated herein by this reference.
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LICENSE No. P50230 AMENDMENT No. 01
C-18-13-029-3-01
4. Simultaneous with the execution of this Amendment, Licensee is transferring one hundred
(100) feet of surplus dock (“Transferred Dock”) to Licensor via a separate Bill of Sale in
accordance with Maricopa County Board of Supervisors Agenda Item Number C-18-13-
029-3-02. Licensor shall relocate the Transferred Dock as depicted on Exhibit “B”,
attached hereto and made a part hereof, to facilitate the new public mooring of the Lake
Patrol Facilities.
5. Within forty-five (45) calendar days of the execution of this Amendment, Licensor, at
Licensor’s sole cost and expense, shall relocate and attach the Lake Patrol Facilities to the
Transferred Dock in the location shown on Exhibit A and complete the fresh water and
electric service hook-ups. Upon completion of relocation work, and upon demand,
Licensee shall pay Licensor a one-time relocation fee of thirty-seven thousand, eight
hundred and ninety-one dollars and forty cents ($37,891.40), all inclusive, for the move of
the Facility.
6. As necessary from time to time due to unforeseen circumstances, and/or after lake water
level fluctuations, Licensor may be required to move and/or make emergency repairs
defined as likely or imminent damage to the Facility and/or other property, (“Repairs”) to
the Lake Patrol Facilities. In such case, Licensor shall seek preapproval from the Maricopa
County Facilities Management Department, (“FMD”) before making such Repairs. In the
event Repairs are needed and attempts to contact FMD by Licensor are unsuccessful,
Repairs that are less than five thousand ($5,000.00) dollars may be immediately effected
without preapproval from FMD. Licensor shall itemize and invoice Licensee for the
Repairs to the Lake Patrol Facilities and/or other property and Licensee shall reimburse
Licensor within Twenty (20) days of receipt of invoice. In all cases, repairs in an amount
exceeding five thousand ($5,000.00) dollars require written authorization from the FMD
Director or Designee prior to performing the work. The total amount of Repairs shall not
exceed twenty thousand ($20,000) dollars per License year.
7. Licensee’s notice address is hereby changed as follows:
Maricopa County Real Estate Dept.
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
8. The foregoing paragraphs contain all the changes made to the License by this
Amendment. All other terms and conditions of the License remain the same and in full
force and effect.
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LICENSE No. P50230 AMENDMENT No. 01
C-18-13-029-3-01
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1:
LICENSOR: LICENSEE:
Jack D. Church, Inc. dba Bartlett Lake Marina Maricopa County
____________________________________ ___________________________________
Brian D. Church, Director Steve Chucri
Chairman of the Board
____________________________________ ATTEST:
Date
___________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
____________________________________
Deputy County Attorney Date
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LICENSE No. P50230 AMENDMENT No. 01
C-18-13-029-3-01
EXHIBIT “A”
PROPERTY
(Bartlett Lake Marina)
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LICENSE No. P50230 AMENDMENT No. 01
C-18-13-029-3-01
EXHIBIT “B”
TRANSFERRED DOCK LOCATION
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