C-79-13-083-3-03 HALO.PDF

C: No. 79-13-083-3-03
P-50225
AMENDMENT NO. 2 TO THE
AMENDED AND RESTATED
LICENSE AGREEMENT
BETWEEN IVIARICOPA COUNTY
ADMINISTERED BY ITS ANIMAL CARE AND CONTROL DEPARTMENT
AND
HALO/HELPING ANIMALS LIVE ON, INC. DBA HALO ANIMAL RESCUE
THIS AMENDMENT NO. 2 TO THE AMENDED AND RESTATED
LICENSE AGREEMENT (this "Amendment") is made and entered into as of the 9th of March,
2016, by and between Maricopa County, a political subdivision of the State of Arizona
("Maricopa County"), and HALO/Helping Animals Live On, Inc., an Arizona non-profit
corporation doing business as HALO Animal Rescue ("HALO"). Maricopa County and HALO
are sometimes referred to herein individually as a "Party" and collectively as the "Parties".
'RECITALS
T. Maricopa County by and through its Animal Care and Control Department entered into
that certain Amended and Restated License, Agreement P-50225 (C-79-13-083-3-01), as
most recently amended on December 3, 2015 (the "Agreement"), with HALO for a tem'
commencing January 1, 2013 and expiring on April 30, 2016.
II. The Parties desire to amend the Agreement to extend its expiration date to April 30, 2017.
NOW THEREFORE, in consideration of the premises set forth in this Amendment and the
mutual covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto
agree as follows:
I. The first sentence of Section I, paragraph 2 of the Agreement is hereby amended and
restated in its entirety to read as follows:
"This Agreement shall be effective upon execution by LICENSEE and LICENSOR for
an initial term beginning January 1, 2013 and expiring April 30, 2017 at 11:59 p.m.
(Arizona time), unless terminated earlier in accordance with the terms and conditions of
this Agreement."
2. That Section IX of the Agreement is amended and restated in its entirety to read as follows:
This Agreement may be terminated by either LICENSEE or LICENSOR upon the
occurrence of an event of default hereunder by the other party and in accordance with the
terms and provisions of this Agreement. Upon the occurrence of a default by LICENSEE
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C: No. 79-13-083-3-03
P-50225
hereunder, LICENSOR shall provide, written notice to LICENSEE of the exact nature of
such default and a reasonable period ,of time to cure such default, which period of time
shall in no case be less than thirty (30) days. In addition, such notice shall describe in
sufficient detail the steps required by LICENSEE to cure the specified default.
LICENSEE's failure to cure the specified default in accordance with the terms and
conditions hereof shall constitute an event of default hereunder and shall give
LICENSOR the right to terminate this Agreement within thirty (30) days and the license
granted to LICENSEE hereunder. In any case, this Agreement shall be terminated
automatically on April 30, 2017 unless the Agreement is extended in the written
agreement of the parties.
3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT REMAIN
IN FULL FORCE AND EFFECT. THIS AMENDMENT BECOMES EFFECTIVE UPON
FULL EXECUTION.
4. This Amendment is subject to A.R.S. §38-511.
5. THIS AMENDMENT, consisting of two pages is executed by the persons signing below who
warrant that they have the authority to execute this Amendment under the original
Agreement.
[Signature'Page to Follow]
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C: No. 79-13-083-3-03 .
P-50225
IN WITNESS THEREOF, the Parties have signed this Amendment:
FOR , ND ON BEHALF OF HALO FOR AND ON BEHALF. OF
MARICOPA CO Y:
L ../i ,f ,"
President and CEO Clin Hickman, Chairman of the Board
'
MAR 09 MI5
Date
,
Attest d To: ,
/1 ie. , , (7d/a i MAR 09 2d
. — an McCarron, Clerk of the Bo J rd Date
This Amendment has been reviewed by the undersigned Attorney who has determined that it is
proper in form and within the power and authority granted u drthe laws of the State of
Arizona
Deputy County Attorney Date
2.3532520.3