AQD_CA00033_8825_IG-LIC_C-85-11-028-3-07.DOCX
Extracted text (via pymupdf)
4705 characters
License No. CA00033 C-85-11-028-3-07 SEVENTH AMENDMENT to NON-EXCLUSIVE LICENSE AGREEMENT Between MARICOPA COUNTY and CITY OF PHOENIX For AIR QUALITY MONITORS at FIRE STATION No. 40 RECITALS A. City of Phoenix, an Arizona municipal corporation (“City”) and Maricopa County, a political subdivision of the State of Arizona (“County”), (collectively, the “Parties”), are Parties to that certain License Agreement CA00033 (formerly P-50172) approved on July 6, 2011, by the Maricopa County Board of Supervisors, authorized by the City Council via Ordinance S-37825 on May 4, 2011, and subsequently amended on July 7, 2016 (“First Amendment”), July 26, 2017 (“Second Amendment”), May 23, 2018 (“Third Amendment”), May 22, 2019 (“Fourth Amendment”), May 20, 2020 (“Fifth Amendment”) and July 13, 2021 (“Sixth Amendment”) (collectively, the “Agreement”). The Agreement is for access to, and use of a portion of Fire Station No. 40 located at 3838 N. 83rd Avenue, Phoenix, AZ (the “Site”) for installing, maintaining and operating air quality monitors. B. The term of the Agreement expires June 30, 2026. C. Pursuant to the Sixth Amendment, County has, within 90 days prior to the end of the current renewal term, given written notice to City of its intent to renew the term for the first of two additional terms of five (5) years. D. The Parties now mutually desire to enter into this Seventh Amendment (“Seventh Amendment”) to amend Section 3 (Term and Termination) of the Agreement to renew the term for the first of two additional terms of five (5) years and incorporate the remaining option to renew the Agreement for one (1) additional term of five (5) years. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, City and County agree to amend the Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated into this Seventh Amendment. 2. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following: 3. Term and Termination. The original term of this License Agreement was for a period of five (5) years. On each of July 7, 2016; July 26, 2017; May 23, 2018; May 22, 2019; and May 20, 2020, the term of this License Agreement was extended one (1) year. On July 13, 2021, the term was retroactively extended for five (5) years, commencing July 1, 2021, through June 30, 2026. The term of this License Agreement is now renewed for the first of two (2) additional terms of five (5) years, License No. CA00033 C-85-11-028-3-07 commencing July 1, 2026, through June 30, 2031. Either the City or County may terminate this License Agreement upon thirty (30) days’ written notice to the other party. Upon termination of this License Agreement, County shall promptly remove all Monitors at the County’s cost and expense and restore the area to the condition that existed prior to the installation of the Monitors. The term of this License Agreement may be renewed for an additional term of five (5) years if County gives written notice to City of its intent to renew within 90-days prior to the end of the term or the renewal term, as the case may be. 3. This Seventh Amendment is subject to termination pursuant to the provisions of A.R.S. §38-511. 4. This Seventh Amendment may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 5. The foregoing paragraphs contain all the changes made by this Seventh Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK License No. CA00033 C-85-11-028-3-07 IN WITNESS WHEROF, the Parties have signed this Seventh Amendment. Maricopa County, a political subdivision of the State of Arizona ____________________________________ Chair of the Board ATTEST: ____________________________________ Clerk of the Board Date APPROVED AS TO FORM: ____________________________________ Deputy County Attorney Date License No. CA00033 C-85-11-028-3-07 IN WITNESS WHEROF, the Parties have signed this Seventh Amendment. CITY OF PHOENIX, a municipal corporation ED ZUERCHER, City Manager _______________________________________ By: Kimberly J. Fiumara Its: Deputy Finance Director Date ____________________ APPROVED AS TO FORM: Julie Kriegh, City Attorney _______________________________________ By: Micah R. Alexander Its: Assistant Chief Counsel Date ____________________ ATTEST: _______________________________________ By: Denise Archibald Its: City Clerk Date ____________________