P-50343_AMD_2_FINAL.PDF

Maricopa County — Formal (2022-12-07)

View PDF Item 52 Meeting page

Extracted text (via pymupdf) 4410 characters
License No. P-50343 
 
 
 
 
                                                    Amendment No. 2 
 
C-85-20-007-3-02 
 
SECOND AMENDMENT TO LICENSE AGREEMENT 
ARIZONA SCIENCE CENTER 
AND 
MARICOPA COUNTY 
 
RECITALS 
 
A. 
WHEREAS, Arizona Science Center, an Arizona nonprofit corporation (“Licensor”) and Maricopa 
County, a political subdivision of the state of Arizona (“Licensee”), (collectively, the “Parties”), are Parties 
to that certain License Agreement dated October 23, 2019, and subsequently amended August 18, 2021 
(collectively, “Agreement”). The Agreement is for premises located at 600 E. Washington Street, Phoenix, 
AZ (“Property”) for an Air Quality Educational Kiosk and air monitoring equipment; and 
 
B. 
WHEREAS, the term of the Agreement expires on September 30, 2023; and 
 
C. 
WHEREAS, the Parties now mutually desire to enter into this Second Amendment to the Agreement 
(“Amendment”) to: (a) extend the term of the Agreement; (b) add two additional two-year options to renew; 
and (c) revise counterpart language. 
 
AGREEMENT 
 
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt 
and sufficiency of which is hereby acknowledged, Licensor and License 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 the Agreement is hereby extended for two (2) years commencing October 1, 2023 through 
September 30, 2025, unless terminated earlier as provided for in the Agreement.  The Agreement, as 
amended, is subject to termination pursuant to A.R.S. §38-511, the provisions of which are incorporated 
herein by this reference.  The Agreement, as amended, may be terminated by Licensee at the end of any 
fiscal year due to non-appropriation of funds without any penalty or liability to Licensee. Either 
party 
may terminate this Agreement with or without cause by giving ninety (90) days’ prior written notice to the 
other of intent to terminate.   
 
 
4. 
Licensee shall have the option to renew this Agreement for two (2) additional periods of two (2) years each 
on the same terms and conditions of the Agreement (each a “Renewal Option”). If Licensee wishes to 
exercise a Renewal Option, Licensee shall provide written notice of their intent to renew no later than sixty 
(60) days prior to the expiration of this Agreement or a Renewal Option, as the case may be.  
 
5. 
The Agreement 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.  Electronic signatures shall have the 
same force and effect as original signatures. 
 
6. 
The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions 
of the Agreement and subsequent amendments thereto will remain the same and in full force and effect. 
 
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 
 
DocuSign Envelope ID: E3E5B281-CE2D-4398-B1A4-5183F4FFC8BA

License No. P-50343 
 
 
 
 
                                                    Amendment No. 2 
 
C-85-20-007-3-02 
 
 
 
 
 
 
 
 
 
IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. 
 
LICENSOR: 
  
 
 
 
 
 
Arizona Science Center,  
 
 
 
  
an Arizona nonprofit corporation  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Matt Schwartz, Vice President of Innovation 
 
 
 
____________________________________ 
 
Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: E3E5B281-CE2D-4398-B1A4-5183F4FFC8BA
11/7/2022

License No. P-50343 
 
 
 
 
                                                    Amendment No. 2 
 
C-85-20-007-3-02 
 
LICENSEE: 
Maricopa County, a political subdivision of the state of Arizona 
____________________________________ 
Bill Gates,                                               Date 
Chairman of the Board of Supervisors 
 
Attest: 
 
____________________________________ 
Clerk of the Board 
 
 
Date 
 
Approved as to Form 
____________________________________ 
Deputy County Attorney 
 
Date 
 
 
 
 
DocuSign Envelope ID: E3E5B281-CE2D-4398-B1A4-5183F4FFC8BA
11/7/2022