AQD_CA00038_8828_IG-LIC_C-85-12-018-3-03.DOCX
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License No. CA00038 C-85-12-018-3-03 THIRD AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY RECITALS A. Troon Country Club, Inc., (“Licensor”) and Maricopa County, a political subdivision of the State of Arizona (“Licensee”), (collectively, the “Parties”) are parties to that certain License Agreement CA00038 (previously P-50199) with an Effective Date of April 11, 2012 and amended November 9, 2016 (“First Amendment”) and October 26, 2021 (“Second Amendment”) (collectively, the “Agreement”). The Agreement is for use of real property located at 24303 N. Alma School Road, Scottsdale, Arizona 85255, for Licensee’s Monitor Site. B. The term of the Agreement expires February 1, 2027. C. Parties now mutually desire to enter into this Third Amendment (“Third Amendment”) to (a) exercise the renewal option in the Second Amendment dated October 26, 2021 for five (5) years, (b) grant Licensee one (1) additional five (5) year option, (c) update Licensee’s notice address, and (d) add an Administration of Agreement provision. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, Licensor and Licensee agree to amend the Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated in this Third Amendment. 2. Capitalized terms used in this Third Amendment without definition shall have the meanings assigned to such terms in the Agreement, unless the context expressly requires otherwise. 3. The term of the Agreement is hereby extended for five (5) years, to commence February 2, 2027, and expire February 1, 2032. This Agreement, as amended, is subject to the provisions of A.R.S. § 38-511, the provisions of which are incorporated herein by this reference. 4. Licensor grants to Licensee the option to renew this Agreement for one (1) additional term of five (5) years. To exercise this option, Licensee shall provide Licensor with written notice of its intent to renew no later than 90 days prior to the expiration of this Agreement. Upon Licensor’s approval, the option to renew this Agreement will be granted. 5. The notice address for the Licensee shall be changed to the following: Maricopa County Real Estate Department Attn: Director Page 1 of 3 License No. CA00038 C-85-12-018-3-03 301 W. Jefferson Street, 9th Floor Phoenix, Arizona 85003 RealEstateNotices@maricopa.gov 6. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Electronic signatures are acceptable as original signatures. 7. Administration of Agreement. The Assistant County Manager for Maricopa County, and/or the Real Estate Director for Maricopa County shall administer this Agreement. 8. The foregoing paragraphs contain all the changes made by this Third Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect, except as herein amended. IN WITNESS WHEREOF, the Parties have fully executed this Third Amendment as of the last date written below. LICENSOR: Troon Country Club, Inc. ____________________________________ Signature Date ____________________________________ Name ____________________________________ Title Page 2 of 3 License No. CA00038 C-85-12-018-3-03 LICENSEE: Maricopa County, a political subdivision of the State of Arizona ____________________________________ Chair, Board of Supervisors Date ATTEST: ____________________________________ Clerk of the Board Date Approved as to Form: ____________________________________ Deputy County Attorney Date Page 3 of 3