IGA RE AMD 5 COUNTY-LIBRARY DISTRICTV2.DOC

C-18-09-052-1-05 AGREEMENT No. G-30121
C-65-09-015-3-05 AMENDMENT No. 05
AMENDMENT No. 5 TO FACILITY USE AGREEMENT
BETWEEN
MARICOPA COUNTY LIBRARY DISTRICT, “DISTRICT”
AND
MARICOPA COUNTY, “COUNTY”
RECITALS
A. County and District are parties to that certain Agreement No. G-30121 dated May 18, 2009
and as amended May 7, 2012, April 10, 2013, May 21, 2014 and April 8, 2015 (collectively,
the “Agreement”) and approved by the Maricopa County Board of Supervisors and the
Maricopa County Board of Directors. The Agreement is for District use of County owned
storage space located at 1920 South Lewis, Mesa, AZ, consisting of approximately 4,000
square feet of warehouse space (the “Warehouse Premises”).
B. The term of the Agreement expires May 30, 2017.
C. County and District now mutually desire to amend the Agreement to extend the term, reduce
the square footage, reduce the Utility Cost Reimbursement and update County Notice
address.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the mutual promises contained
herein and other good and valuable consideration, the sufficiency and adequacy of which the
parties acknowledge, County and District agree to amend Agreement through this
Amendment No. 5 as follows:
1. The term of the Agreement is hereby extended two (2) years, commencing June 1, 2017 and
expiring May 30, 2019. This Agreement and Amendment No. 5 are subject to termination
by either County or District pursuant to the provisions of A.R.S. §38-511. Either party may
terminate this Agreement without liability to the other party for any reason by providing 90-
day prior written notice to the other party.
2. The Warehouse Premises as defined in Section 1.1 of the original Agreement is reduced
from Four Thousand square feet (4,000sf) to Two Thousand square feet (2,000sf).
3. The Utilitiy Cost Reimbursement as defined in Section 1.6 of the original Agreement is
reduced from Two Thousand Dollars ($2,000.00) to Seven Hundred Dollars ($700.00).
4. Notice address for the County in Section 9.1 of the original Agreement shall be changed to
the following:
Maricopa County Facilities Management
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C-18-09-052-1-05 AGREEMENT No. G-30121
C-65-09-015-3-05 AMENDMENT No. 05
Attn: Chief Real Estate Officer
2801 W. Durango Street
Phoenix, AZ 85009-6356
5. The effective date of this Amendment No. 5 is the date of execution by the Maricopa County
Board of Supervisors.
4. District and County have chosen attorneys employed by the Civil Services Division of the
Maricopa County Attorney’s Office (“Civil Services Division”) to act as their attorney for
purposes of reviewing this Amendment 5. In so doing, by their signatures below, each party
acknowledges that it is aware that the Civil Services Division will represent both parties, and
each party expressly waives any conflict created thereby.
5. The foregoing paragraphs contain all the changes made by this Amendment No. 5. All
other terms and conditions of Agreement as amended remain in full force and effect as
approved and amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF the parties have signed this Amendment No. 5:
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C-18-09-052-1-05 AGREEMENT No. G-30121
C-65-09-015-3-05 AMENDMENT No. 05
DISTRICT: Maricopa County Board of COUNTY: Maricopa County Board
Directors of Supervisors
___________________________________ _____________________________________
Chairman of the Board of Directors Chairman of the Board
ATTEST: ATTEST:
____________________________________ _____________________________________
Clerk of the Board Date Clerk of the Board Date
This Amendment has been reviewed by the undersigned Deputy County Attorney for the Maricopa County
Board of Supervisors and the Deputy County Attorney for the Maricopa County Library District Board of
Directors, who have determined that it is proper in form and is within the power and authority granted under
the laws of the State of Arizona.
__________________________________________ ___________________________________________
Michelle Wood Date Betsy Pregulman Date
Deputy County Attorney Deputy County Attorney
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