DEER VALLEY AIRPORT, P-50164 AMD 2 MCAO SIGNED.PDF

AMENDMENT NO. 2 TO
CITY OF PHOENIX AVIATION DEPARTMENT
LICENSE AND ACCESS AGREEMENT NO. 128057
P-50164, C-85-10-024-3-02
This Amendment No. 2 to License and Access Agreement No. 128057 for Air Quality
Monitors at Phoenix Deer Valley Airport (Access Agreement) is made and entered into
by and between the City of Phoenix, an Arizona municipal corporation (City), and
Maricopa County, a political subdivision of the State of Arizona (County). This
Amendment No. 2 is effective as of the day of , 2014.
RECITALS
A. The City owns Phoenix Deer Valley Airport located at 702 West Deer Valley
Road in Phoenix, Arizona 85027 (Site).
B. On March 11, 2010, the City and the County entered into the Access Agreement,
which granted the County access to the Site for the sole purpose of installing,
maintaining, and operating air quality monitors through an Air Monitoring System
(System).
C. The County operates air quality monitors to determine ambient levels of air
pollution consistent with the requirements of the Federal Clean Air Act.
The City granted the County access to the Site for the purpose of installing,
maintaining, and operating the System to determine ambient levels of air
pollution in the vicinity of the Site, subject to the terms and conditions of the
Access Agreement.
E. The parties mutually desire to amend Section 3, Term, to extend the term of the
Access Agreement for one year by exercising the second of two one-year options
to extend; and amend Section 13, Notice, to update the County Department
Contact.
AMENDMENT
The parties hereby agree to amend the Access Agreement as follows:
1. Section 3, Term, is amended by replacing the entire Section with the following:
3. Term. The initial three-year term of this Access Agreement commenced
on March 11, 2010 and shall expire on March 10, 2013. The first one-year option
period shall commence on March 11, 2013 and expire on March 10, 2014. The
second one-year option period shall commence on March 11, 2014 and expire on
March 10, 2015, subject to earlier termination by the City or the County as
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provided herein. The term of this Access Agreement may be extended for one
(1) year upon mutual agreement of the parties.
2. Pursuant to Section 3, as amended, the parties hereby agree to exercise the
second option to extend the term of the Access Agreement from March 11, 2014
to March 10, 2015.
3. Section 13, Notice, is amended by replacing the County Department Contact with
the following:
County Department Contact: Maricopa County Air Quality Department
Attn: Air Monitor Manager
2145 S. 11 th Avenue, Suite 170
Phoenix, AZ 85007
4. Exhibit B, Supplemental Terms and Conditions to All Airport Agreements, is
replaced with Exhibit B, Supplemental Terms and Conditions to All Airport
Agreements (Rev. 12/1/13), which is attached hereto.
5. Except as amended herein, all other terms and conditions of the Access
Agreement and any prior amendment not in conflict with these changes shall
remain in full force and effect.
CITY OF PHOENIX, an Arizona municipal MARICOPA COUNTY, a political
corporation subdivision of the State of Arizona
ED ZUERCHER, Acting City Manager
By: By:
Tamie Fisher Denny Barney
Acting Aviation Director Chairman of the Maricopa County
Board of Supervisors
Date Date
ATTEST: ATTEST:
City Clerk Clerk of the Board
Date
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APPROVED AS TO FORM: APPROVED AS TO FORM:
Acting City Attorney
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