LICENSE AMENDMENT NO 11 RE AZDES P50327.PDF
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ELEVENTH AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY
BETWEEN MARICOPA COUNTY AND ARIZONA DEPARTMENT OF ECONOMIC SECURITY
RECITALS
A.
Maricopa County, a political subdivision of the State of Arizona (“Licensor”), and Arizona
Department of Economic Security (“Licensee”), (collectively, the “Parties”), are Parties to
that certain License Agreement for Use of Real Property dated June 19, 2019, and
subsequently amended by Amendment No. 1 dated January 9, 2020, Amendment No. 3
dated May 28, 2020, Amendment No. 4 dated December 9, 2020, Amendment No. 5 dated
June 9, 2021, Amendment No. 6 dated July 9, 2021, Amendment No. 7 dated October 5,
2022, Amendment No. 8 dated May 2, 2023, Amendment No. 9 dated May 14, 2024, and
Amendment No.10 dated August 29, 2024 (collectively, the “Agreement”). The Agreement
is for Licensee’s use of Licensor’s controlled properties located at 4425 W. Olive Ave,
Suites 190 and 200, Glendale, AZ, 85302 (“Facility 3”) and 1001 W. Southern Ave, Suites
101 and 201, Mesa, AZ, 85210 (“Facility 4”); and
B.
Amendment No. 2 to the Agreement was never fully executed by the Parties; and
C.
The Parties now mutually desire to enter into this Eleventh Amendment (“Amendment”) to
the Agreement to: (a) replace Exhibit “1A” and “1B”; (b) modify Facility Workspace and
Common Area; (c) modify Shared Facilities Operation Costs; (d) replace Exhibits “3” and
“4” (e) modify Notices .
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, receipt, and sufficiency of which is hereby acknowledged, Licensor and Licensee
agree to amend the Agreement as follows:
1.
The Recitals, by this reference, are hereby incorporated into this Amendment.
2.
Capitalized terms used in this Amendment without definition shall have the meanings
assigned to such terms in the Agreement unless the context expressly requires otherwise.
3.
The term of this Agreement expires June 30, 2026. This Agreement may be cancelled
pursuant to A.R.S. §38-511.
4.
Section 4.0 to the Agreement is deleted in its entirety and replaced with the
following:
4.0
Term. After executed by both Parties, the initial term of this Agreement
commenced retroactively from July 1, 2018 and was scheduled to end on June 30,
2019. On January 9, 2020, the term of this Agreement was retroactively extended
for the first of seven (7) one (1) year renewal terms, which commenced as of July
1, 2019 and ended on June 30, 2020. On May 28, 2020, the term of this Agreement
was extended for the second of seven (7) one (1) year renewal terms, which
commenced on July 1, 2020 and was scheduled to end on June 30, 2021. On July
9, 2021, the term of this Agreement was retroactively extended for the third of
seven (7) one (1) years renewal terms, which commenced as of July 1, 2021 and
was scheduled to end on June 30, 2022. On October 5, 2022, the term of this
Agreement was retroactively extended for the fourth of seven (7) one (1) year
renewal terms, which commenced as of July 1, 2022 and ended on June 30, 2023.
On May 2, 2023, the term of this Agreement was extended for the fifth of seven (7)
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one (1) year renewal terms, which commenced on July 1, 2023 and ended on June
30, 2024. On May 14, 2024, the term of this Agreement was extended for the sixth
of seven (7) one (1) year renewal terms, which commenced on July 1, 2024 and
is scheduled to end on June 30, 2025. On August 21, 2024, the term of this
Agreement was extended for the seventh of seven (7) one (1) year renewal terms,
which will commence on July 1, 2025 and is scheduled to end on June 30, 2026.
4.1
The Parties have the option to enter into a new agreement, provided that Licensee
is in full compliance with all terms and conditions of this Agreement. Licensee shall
provide written notification to Licensor at least one hundred twenty (120) days prior
to the expiration of the Agreement of its desire to enter into a new agreement.
5.
Section 12.0 to the Agreement is revised by deleting the following subsections in their
entirety and replacing them with the following:
12.0
Facility Work Space and Common Area
12.3
Licensee Facility 3 – total space is 1,972 SF (7.50% of Facility)
12.4.1 Workspace area is 993 SF
12.4.2 Common Area is 979 SF
12.4
Licensee Facility 4 – total space is 1,766 SF (4.21% of Facility)
12.4.1 Workspace area is 1,250 SF
12.4.2 Common Area is 516 SF
6.
Section 13.0 to the Agreement is deleted in its entirety and replaced with the following:
13.0
Facilities Space and Rent Costs. Licensee shall pay a percentage of the
operation costs in accordance with the percentage of space allocated to Licensee
per facility as listed in Section 12.0 (Facility Work Space and Common Area) and
depicted in Exhibit “3” Facilities Space and Rent Costs attached hereto. and by
this reference made a part hereof. Facilities Space and Rent Costs include the
following items:
13.1
Facilities Base Rent;
13.2
Pro Rata Facilities Space and Rent Costs are subject to fluctuate on a
monthly basis and may increase or decrease depending on use:
13.2.1 Pest Control & Water Dispenser
13.3
Facility 3: Commencing January 1, 2025, through June 30, 2025, Licensee
shall pay a monthly amount of $3,204.50 for base rent and $147.00
annually for shared operations costs. From July 1, 2025, through June 30,
2026, Licensee shall pay an amount of $3,286.67 for base rent and
$147.00 annually for shared operation costs.
13.4
Facility 4: Commencing January 1, 2025, through June 30, 2025, Licensee
shall pay $3,421.63 for base rent and $82.00 annually for shared
operations costs. From July 1, 2025, through June 30, 2026, Licensee shall
pay an amount of $3,421.63 for base rent and $82.00 annually for shared
operations costs.
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7.
Section 40 is deleted in its entirety and replaced with the following:
40. Notices. All notices shall be in writing and delivered via email, hand delivered or sent
via US Certified Mail, return receipt requested to:
Licensor:
Maricopa County Human Services Department
Workforce Development Division
Attn: Assistant Director
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004
Email: HSDcontracts@maricopa.gov
With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
Licensee:
Arizona Department of Economic Security
Division of Employment and Rehabilitation Services
Finance and Budget Unit, Contract Specialist
1789 W. Jefferson Street
2nd Floor, NE (Mail Drop 57C1)
Phoenix, AZ 85007
Email: derscontractsadmin@azdes.gov
Payments Shall
be submitted to:
Maricopa County Human Services
Attn: Finance Division
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004
8.
Exhibits “1A” & “1B” to the Agreement are deleted in their entirety and replaced with
Exhibits “1A” & “1B” attached hereto and by this reference made a part hereof.
9.
Exhibit “3” to the Agreement is deleted in its entirety and replaced with Exhibit “3” Facility
Space and Rent Costs, attached hereto and by this reference made a part hereof.
10.
Exhibit “4” to the Agreement is deleted in its entirety and replaced with Exhibit “4” attached
hereto and by this reference made a part hereof.
11.
The foregoing paragraphs contain all the changes made by this Amendment. All other
terms and conditions of the Agreement not changed herein remain the same and in full
force and effect, except as herein amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date written
below.
LICENSOR:
Maricopa County
____________________________________
Chairman of the Board of Supervisors Date
ATTEST:
____________________________________
Clerk of the Board
Date
APPROVED as to FORM:
____________________________________
Deputy County Attorney
Date
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LICENSEE:
Arizona Department of Economic Security
___________________________________
Title:
____________________________________
Date
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WEST VALLEY ONE-STOP CAREER CENTER
4425 W. OLIVE AVENUE, GLENDALE AZ 85302
EXHIBIT “1A”
Facility 3 – First Floor
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WEST VALLEY ONE-STOP CAREER CENTER
4425 W. OLIVE AVENUE, GLENDALE AZ 85302
EXHIBIT “1A”
Facility 3 – Second Floor
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EAST VALLEY ONE-STOP CAREER CENTER
1001 W SOUTHERN AVE, MESA, AZ 85210
EXHIBIT “1B”
Facility 4 – First Floor
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EAST VALLEY ONE-STOP CAREER CENTER
1001 W SOUTHERN AVE, MESA, AZ 85210
EXHIBIT “1B”
Facility 4 – Second Floor
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Exhibit “3”
Facilities Rent and Shared Operation Costs
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Exhibit “4”
DES SPACE ALLOCATION
(per Program/per Facility)
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Exhibit “4” continued
DES SPACE ALLOCATION
(per Program/per Facility)