AMENDMENT NO. 1 RE RENEWAL LICENSE AGREEMENT (P50400) WITH EQUUS.PDF
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AMENDMENT NUMBER 1 OF LICENSE USE AGREEMENT (P50400) BETWEEN MARICOPA COUNTY AND ARBOR E&T, LLC DBA EQUUS WORKFORCE SOLUTIONS 1001 WEST SOUTHERN AVENUE, MESA, AZ (FIRST AMENDMENT) C-22-24-073-X-01 RECITALS A. Maricopa County, a political subdivision of the state of Arizona (“County”) leases 41,917 rentable square feet (RSF) of office and storage space (Premises) of that certain real property known as the Mesa Corporate Center located at 1001 West Southern Avenue, Mesa, AZ (Property) under that certain Lease Agreement with Shadow Ridge Estates, LP, California limited partnership (Landlord) dated September 7, 2021, (Master Lease); and B. Pursuant to the Master Lease, County may sublease or license a portion of the Premises to its program partners and like agencies as solely determined by the County, that provide other Human Services activities, without Landlord consent; and C. County (Licensor) entered into a License Use Agreement (License) on February 22, 2024, with Arbor E&T, LLC dba Equus Workforce Solutions, a Kentucky for-profit limited liability company (Licensee). Licensee shall be permitted to use that certain portion of the Premises known as cubicles 266 and 267 totaling 144 RSF (Facility) which is described in Exhibit “A,” of the License. Licensee’s share of Common Space, hereinafter defined, is 59 RSF. Licensee’s total space allocation is 203 RSF referenced in Exhibit "B,” of the License (Space Allocation). D. The current and initial term of the License began on February 22, 2024, and terminates on June 30, 2025. E. The License currently provides the Licensee the option to extend the term of the License for two (2) additional two-year terms upon mutual agreement of the Parties. F. The Licensee has exercised its option to extend the term of the License for one (1) of the two (2) two-year terms and the Parties now desire to mutually agree to that extension. AGREEMENT NOW THEREFORE in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Recitals, by this reference, are hereby incorporated herein and made a part of this First Amendment. 2. Capitalized terms used in this First Amendment without definition shall have the meanings assigned to such terms in the License unless the context expressly requires otherwise. 3. The term of the License is hereby extended for two (2) years beginning July 1, 2025, and ending June 30, 2027. 4. Section 3.1 of the License is hereby deleted and replaced with the following: 3.1. The term of this License commenced on February 22, 2024, and the initial term terminates on June 30, 2025. Pursuant to section 3.2 of this License, the term is extended for one (1) additional 2-year term beginning July 1, 2025, and shall terminate on June 30, 2027, unless terminated earlier or extended further as provided for in the License. 5. There is one (1) two-year option to extend the term of the License remaining. 6. Section 3.2 of the License is hereby deleted and replaced with the following: 3.2 Licensee shall have the option to extend the term of the License for one (1) additional two- year term upon mutual agreement of the Parties. To exercise this option, Licensee shall provide County with written notice of its intent to renew no later than ninety (90) days prior to the expiration of the current term of the License or renewal, as the case may be. 7. Section 4.1. of the License is hereby deleted in its entirety and replaced with the following: 4.1. During the full term of the License, Licensee agrees to pay a monthly rent in the amount of $401.77 per month (Rent). which is described on Exhibit “C,” attached hereto and incorporated herein by this reference. Licensee agrees to pay Shared Operation Costs, hereinafter defined, due for the July 1, 2025, through June 30, 2026, in an amount not to exceed $5.32. The Shared Operation Costs for July 1, 2026, through June 30, 2027, shall not exceed $5.59. Shared Operation Costs for July 1, 2025 through June 30, 2027 consist of the following: Aqua Chill Water Dispenser (located in Common Areas), City Wide Pest Control (Shared Operation Costs). 8. This First Amendment may be executed electronically and in any number of identical counterparts all of which, when taken together, will constitute one and the same instrument. Delivery of this First Amendment may be accomplished by electronic transmission on an executed counterpart of this First Amendment. Signatures thus transmitted will be as valid as manual signatures for all purposes. 9. Any modification to the License that does not result in a change in policy or include a rate increase, or any other purely administrative matter, shall be valid if and only if any such change is reduced to writing and executed, on behalf of the County, by either an Assistant County Manager or Director of Maricopa County Real Estate. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the Parties enter into this First Amendment as of the date of the last signature below. LICENSOR: Maricopa County, a political subdivision of the State of Arizona Chairman of the Board of Supervisors Date ATTEST: Juanita Garza, Clerk of the Board Date APPROVED AS TO FORM: Deputy County Attorney Date LICENSEE: Arbor E&T, LLC dba Equus Workforce Solutions, a Kentucky for-profit limited liability company Cameron Tovery, CEO Date EXHIBIT “A” Premises and Facility EXHIBIT “B” Space Allocation EXHIBIT “C” Use Fees