IGA RE AMD 5 COUNTY-LIBRARY DISTRICTV3.PDF

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. This Amendment No. 5 (“Amendment”) 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 is made and entered into by and between
County and District. The Agreement is for District use of County owned space located at
1920 South Lewis, Mesa, AZ, consisting of warehouse and office space. All capitalized
terms not otherwise defined in this Amendment have the same meanings as contained in the
Agreement.
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 used, reduce the Utility Cost Reimbursement, reduce the termination
notice period, update County Notice address and replace Exhibit “A”.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the mutual promises contained
herein and in consideration of Ten Dollars ($10.00) 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 May 31, 2017 and
expiring May 30, 2019. The Agreement and this Amendment are subject to termination by
either County or District pursuant to the provisions of A.R.S. §38-511, which is incorporated
herein by this reference, without any penalty or liability to County or District.
2. Section 2.3 Termination, subsection (1) of the Agreement is deleted in its entirety and
replaced with the following: “(1) Either party may terminate this Agreement without
liablility for any reason by providing 90-days’ prior written notice to the other party;”
3. Exhibit A to the Agreement is deleted in its entirety and replaced with Exhibit A-1, attached
hereto and incorporated herein by this reference. The definition of Warehouse Premises in
Section 1.1 of the Agreement is revised as depicted on Exhibit A-1 to mean approximately
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C-18-09-052-1-05 AGREEMENT No. G-30121
C-65-09-015-3-05 AMENDMENT No. 05
two thousand (2,000) square feet of warehouse and office space in the southwest corner area
of the first floor of the Building.
4. At the commencement of the term of Amendment, the definition of Utilitiy Cost
Reimbursement for the initial twelve (12) months of the term of this Amendment will be
Seven Hundred and 00/100 Dollars ($700.00). Pursuant to Section 1.6 of the Agreement, the
amount of the Utility Cost Reimbursement may be recalculated by County on an annual
basis.
5. Notice address for the County in Section 9.1 of the Agreement shall be changed to the
following:
Maricopa County Facilities Management
Attn: Chief Real Estate Officer
2801 W. Durango Street
Phoenix, AZ 85009-6356
6. This Amendment is effective as of the date of execution by the Maricopa County Board of
Supervisors.
7. 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 . 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.
8. The foregoing paragraphs contain all the changes made by this Amendment. All other terms
and conditions of the Agreement as amended remain in full force and effect.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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C-18-09-052-1-05 AGREEMENT No. G-30121
C-65-09-015-3-05 AMENDMENT No. 05
IN WITNESS WHEREOF the parties have signed this Amendment:
DISTRICT: Maricopa County Board of COUNTY: Maricopa County Board
Directors of Supervisors
___________________________________ _____________________________________
Chairman of the Board of Directors Chairman of the Board of Supervisors
ATTEST: ATTEST:
____________________________________ _____________________________________
Clerk of the Board Date Clerk of the Board Date
This Amendment has been reviewed by the undersigned Deputy County Attorney for Maricopa County and
the Deputy County Attorney for the Maricopa County Library District, 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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C-18-09-052-1-05 AGREEMENT No. G-30121
C-65-09-015-3-05 AMENDMENT No. 05
Exhibit “A-1”
Warehouse Premises
WarehousePremises
1920 S. Lewis
Mesa, AZ
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