LICENSE AGREEMENT P-50160.PDF

LICENSE AGREEMENT FOR
USE OF REAL PROPERTY
P-50160
C-18-11-026-L-00
THIS AGREEMENT entered into this t #6 .114‘ day of
2011 by and between the Maricopa County, a political subdivision of the State of
Arizona, hereinafter referred to as LICENSOR and MariSol FEDERAL CREDIT
UNION, hereinafter referred to as LICENSEE, collectively, (the "PARTIES").
RECITALS
WHEREAS, LICENSOR owns certain real properties, as described and depicted in
attached Exhibit "A", and;
WHEREAS, LICENSEE has requested access to, and use of, the properties previously
referred to for the purpose of installing and operating automatic teller machines (ATMs)
for the convenience of county employees who are members of the credit union and,
WHEREAS, the PARTIES have previously entered into a Memorandum of
Understanding dated October 3, 2005, that authorizes LICENSEE to place ATM's in
LICENSOR'S facilities upon further approval and execution of a License for said
placement, and,
WHEREAS, the PARTIES now desire to enter into a License Agreement, hereinafter
referred to as the "LICENSE", under which LICENSEE may enter upon and use the
properties of LICENSOR as described herein;
REVOCABLE LICENSE AGREEMENT
NOW, THEREFORE, in consideration of the following mutual covenants, the sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. LICENSOR hereby grants to LICENSEE a revocable LICENSE to enter and use
the real properties described in said Exhibit "A" for the purpose previously stated,
commencing on the date of execution by the PARTIES, and continuing through June
30, 2016, or until terminated by either of the PARTIES. The LICENSE may be
extended for an additional term by mutual consent of the PARTIES. The LICENSE may
be terminated by either Party by giving 1-month written notice. The areas include in this
LICENSE are the county facilities described in Exhibit "A" ("Properties"). Licensor may
at any time require Licensee to move its ATMs to another location within the Properties
for any reason.
2. Upon the execution of this LICENSE, LICENSEE shall pay LICENSOR a one-
time license fee of $10.00 for entering into this agreement, the receipt of which is

hereby acknowledged. As additional substantial consideration, LICENSEE agrees to
the terms and conditions provided in Exhibit "B" to this License, attached hereto and by
this reference incorporated herein.
3. LICENSEE shall indemnify and hold harmless LICENSOR, its electeds, officers,
employees, agents, successors in interest and assigns, from any and all allegations,
claims, judgments, liability, damages, expenses, costs or attorney fees incurred by
LICENSOR, arising from or related to LICENSEE'S use of the Properties or as a result
of any negligent act or omission by LICENSEE or of its agents, employees, or
assignees. LICENSOR shall indemnify LICENSEE against damages arising from any
negligent acts by its agents or employees on, or in connection with the property which is
the subject of this license agreement. LICENSEE shall provide LICENSOR with a
certificate of insurance in the amount of $1,000,000, and name LICENSOR as
additional insured on LICENSEE'S general liability policy.
4. LICENSEE agrees to provide proof of adequate property and casualty insurance
covering its personal property and equipment installed pursuant to this License.
5. LICENSEE agrees to be responsible for the conduct of its employees and agents
who enter onto county properties pursuant to this LICENSE.
6. This LICENSE shall be automatically revoked in the event of, or at such time that
the LICENSEE fails to comply with the express terms of this License Agreement, unless
said failure is not cured within 10 days of date of notice to cure.
7. LICENSEE shall not assign this LICENSE without the express written permission
of LICENSOR;
8. THIS LICENSE shall be binding upon and inure to the benefit of the respective
parties, their successors, personal representatives and assigns, shall be governed by
and constructed under the laws of the State of Arizona and is subject to the provisions
of A.R.S.§ 38-511.
9. The Recitals are incorporated herein by this reference.

C-18-11-026-L-00
IN WITNESS WHEREOF, the parties have hereunder set their signatures on the day
and year first written above.
LICENSOR: LICENSEE:
MARICOPA COUNTY
By
Chairman of the Board

EXHIBIT "A"
DESCRIPTIONS AND ADDRESSES FOR ATM LICENSE LOCATIONS
Phoenix Locations
1. Maricopa County Superior Courts/Food /Food Venue 201 W. Jefferson Street
2. Maricopa County Justice Center 620 W. Jackson Street
3. Maricopa County Clerk of the Court 601 W. Jackson Street
4. Maricopa County Election Center 320 W. Lincoln Street
5. Maricopa County Dept, of Transportation 2901 W. Durango Street
6. Maricopa County Northeast Regional Center 18380 N. 40th Street
7. Maricopa County Security Building 234 N. Central Avenue
Mesa Location
8. Maricopa County Southeast Complex 222 E. Javelina Street
Mesa, AZ
Surprise Location
9. Maricopa County Northwest Regional Court 14264 W. Tierra Buena
Surprise, AZ

EXHIBIT "B"
ADDENDUM TO LICENSE AGREEMENT
LICENSOR: MARICOPA COUNTY
LICENSEE: Mari Sol Federal Credit Union
USE OF THE PREMISES: LICENSEE agrees to use the Premises solely for installation of
automatic teller machines, and agrees not to engage in any unlawful or unauthorized use thereof
LICENSEE agrees not to commit, or permit others, within LICENSEE'S control, to commit any
waste on, or any nuisance on or about the Premises. LICENSEE further agrees to comply with
all laws, ordinances or other requirements of all city, county, state and federal authorities, which
now apply or in the future may apply to the use of the Premises.
MAINTENANCE AND REPAIR OF PREMISES: LICENSEE, at LICENSEE'S expense
shall maintain and operate its installed equipment and fixtures in a skillful and diligent manner
consistent with standard financial institutions practices. LICENSEE agrees to keep the Premises
clean and free of clutter and trash. LICENSE hereby confirms to LICENSOR that it has
obtained all necessary permits and approvals related thereto. Aside from such use, LICENSEE
shall not use or store any toxic chemicals or substances on the Premises. LICENSEE shall not
allow any lien or encumbrance of any kind to attach to the Premises due to or arising out of
LICENSEE'S acts or omissions.
UTILITIES: LICENSEE shall pay, before delinquent, all charges, including deposits or bonds if
required, for all non-electric utilities used by LICENSEE or charged to the Premises, including,
without limitation, voice-data, water, irrigations, gas, heating, cooling, and sewage.
CONDEMNATION: Any award for compensation and/or damages paid as the result of a taking
or condemnation (or agreement in lieu thereof) shall be paid to the LICENSOR. LICENSEE
hereby assigns, transfers and sets over to LICENSOR all of the right, title and interest which it
might otherwise have in such award: provided, however, that LICENSEE shall receive any
award paid for the value of the ATM.
SUBORDINATION: This LICENSE shall be subordinate to any mortgage (which term shall
include deed of trust) that may subsequently be placed on the Premises, to all advances made
under such mortgage, to the interest on all obligations secured by such mortgage, and to all
renewals, replacements and extensions of such mortgage. LICENSEE shall from time to time on
request of LICENSOR execute and deliver any document or instruct that may be required by a
lender to effectuate any subordination.
ABANDONMENT: LICENSEE shall not abandon or vacate the Premises at any time during the
License term. In the event LICENSEE does abandon or vacate the Premises or is dispossessed
by process of law, or otherwise, any personal property belonging to LICENSEE and left on the
Premises shall be deemed to be abandoned. In such event, LICENSOR, at LICENSOR'S option
after five (5) days written notice to LICENSEE, may remove any fixtures or equipment

remaining on the premises at the time of such abandonment without any liability or obligation to
LICENSEE.
SUBSTITUTION OF PREMISES: LICENSOR hereby reserves the right to move or provide
substitute premises to LICENSEE in its sole discretion. In the event a move becomes necessary,
said move to substitute premises will be done at LICENSOR'S cost.
NOTICES: Notices and demands shall be in writing and sent by registered mail to the addresses
set forth below:
LICENSOR: Maricopa County Finance Department
Attn: Real Estate Manager
301 W. Jefferson
Phoenix, Arizona 85003
LICENSEE: MariSol Federal Credit Union
Attn: Robin Romano
721 N. 3rd Street
Phoenix, AZ 85004