2014-07-08 ZAYO AMENDMENT NO 2 TO P-50222 - CLEAN.DOCX
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LICENSE No. P-50222 AMENDMENT No. 2 C-18-13-007-3-02 AMENDMENT No. 2 to REVOCABLE LICENSE AGREEMENT BETWEEN MARICOPA COUNTY, LICENSOR AND ZAYO GROUP, L.L.C., LICENSEE RECITALS A. Maricopa County, a political subdivision of the State of Arizona (“LICENSOR”), and Zayo Group, LLC, a Delaware limited liability company (“LICENSEE”), are parties to that certain License Agreement No. P-50222 approved October 31, 2012, by the Maricopa County Board of Supervisors and amended under Amendment No. 1 executed by the Chairman of the Maricopa County Board of Supervisors on January 15, 2014, together the “Agreement.” LICENSOR and LICENSEE are sometimes collectively referred to herein as the “PARTIES.” The Agreement is for LICENSEE’s use of approximately 64 square feet of telecommunication co-location space and the associated pathway in the basement of the Chambers Building at 301 South 4th Avenue in Phoenix, AZ. B. The term of the Agreement expires January 31, 2015. C. LICENSOR and LICENSEE now mutually desire to amend the Agreement to extend the license term. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the PARTIES agree to amend the Agreement as follows: 1. The term of the Agreement is hereby extended through June 30, 2015, unless terminated earlier as provided for in the Agreement. The Agreement is subject to termination pursuant to the provisions of A.R.S. 38-511. 2. LICENSEE shall reimburse LICENSOR a sum of $1,000 within 30-days of full execution of this Amendment No. 2 to offset LICENSOR’S utility costs, operation and maintenance costs and base building costs associated with the LICENSEE’S use of the Premises throughout the extended term. 3. The effective date of this Amendment No. 2 to the Agreement is the date of execution by the Maricopa County Board of Supervisors. 4. LICENSOR may terminate this Agreement, without penalty to LICENSOR, upon 30-day written notice to LICENSEE. Page 1 of 3 5. The foregoing paragraphs contain all the changes made by this Amendment No. 2. All other terms and conditions of the Agreement remain the same and in full force and effect. Page 2 of 3 LICENSE No. P-50222 AMENDMENT No. 2 C-18-13-007-3-02 IN WITNESS WHEREOF, the PARTIES have signed this Amendment No. 2. LICENSEE: LICENSOR: Zayo Group, L.L.C. Maricopa County ____________________________________ ____________________________________ Greg Friedman, Chief Financial Officer Chairman of the Board ____________________________________ ATTEST: Date ____________________________________ Clerk of the Board Date APPROVED AS TO FORM: ____________________________________ Deputy County Attorney Date Page 3 of 3