DES LICENSE AGREEMENT P-50327 AMENDMENT 7.PDF
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P50327 C-22-19-034-L-07 Page 1 of 12 AMENDMENT No. 7 TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN MARICOPA COUNTY (LICENSOR) AND ARIZONA DEPARTMENT OF ECONOMIC SECURITY (LICENSEE) RECITALS A. Licensor and Licensee 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, and Amendment No. 6 dated July 9, 2021 (collectively, the “Agreement”). The Agreement is for Licensee’s use of Licensor’s controlled properties; and B. Amendment No. 2 to the Agreement was never fully executed by the Parties; and C. The term of the Agreement expires June 30, 2022; and D. The Parties now mutually desire to enter into this Amendment No. 7 (“Amendment”) to the Agreement to: (a) retroactively extend the term; (b) replace Facilities; (c) replace Facility Work Space and Common Area; (d) replace Shared Facilities Operation Costs; (e) replace Exhibit 3 and Exhibit 4; (f) add administrative authority provisions; and (g) provide language for counterpart and electronic signatures. 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 is hereby extended for one (1) year to commence retroactively as of July 1, 2022 through June 30, 2023. This Agreement may be terminated pursuant to A.R.S. § 38-511. 4. Section 2.0 to the Agreement is deleted in its entirety, including Exhibit “1B” and Exhibit “1C”, and replaced with the following: 2.0 Facilities: The Maricopa County One-Stop Career Centers provide employment- related services to job seekers, youth, and employers in Maricopa County. The Facilities house several partner agencies that help to facilitate an integrated one- stop service delivery system for Maricopa County residents. P50327 C-22-19-034-L-07 Page 2 of 12 2.1 Facility 3 – West Valley One-Stop Career Center located at 4425 W. Olive Ave, Suites 190 and 200, Glendale, AZ, 85302 (“Facility 3”) is 26,290 square feet (SF) of which 13,233 SF is utilized for workspace by staff, and 13,057 SF is designated as Common Area, as depicted on Exhibit “1A” attached hereto and by this reference made a part hereof. 2.2 Facility 4 – East Valley One-Stop Career Center is located at 1001 W. Southern Ave, Suites 101 and 201, Mesa, AZ, 85210 (“Facility 4”) is 41,917 square feet (SF) of which 29,673 SF is utilized for workspace by staff, and 12,244 SF is designated as Common Area, as depicted on Exhibit “1B” attached hereto and by this reference made a part hereof. 2.3 Facility 3 and Facility 4 are collectively known as “Facility” or “Facilities”. 5. Section 12.0 to the Agreement is deleted in its entirety and replaced with the following: 12.0 Facility Work Space and Common Area 12.1 Licensor Facility 3 – total space is 26,290 SF 12.1.1 Work Space area is 13,233 SF 12.1.2 Common Area is 13,057 SF 12.2 Licensee Facility 3 – total space is 1407 SF (5.35% of Facility) 12.2.1 Work Space area is 708 SF 12.2.2 Common Area is 699 SF 12.3 Licensor Facility 4 – total space is 41,917 SF 12.3.4 Work Space 29,673 SF 12.3.5 Common Space 12,244 SF 12.4 Licensee Facility 4 – total space is 1,082 SF (2.58% of Facility) 12.4.1 Work Space area is 766 SF 12.4.2 Common Area is 316 SF 6. Section 13.0 to the Agreement is deleted in its entirety, including Exhibit “3”, and replaced with the following: 13.0 Shared Facilities Operation 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” attached hereto and by this reference made a part hereof. Shared Facilities Operation Costs include the following items: 13.1 Facilities Base Rent; 13.2 Pro Rata Shared Facility Operation Costs are subject to fluctuate on a monthly basis and may increase or decrease depending on use: 13.2.1 Rental Taxes 13.2.2 Common Area Maintenance Costs 13.2.4 Security Services 13.2.6 Janitorial Services P50327 C-22-19-034-L-07 Page 3 of 12 13.2.8 Repairs & Maintenance 13.3 During the term from July 1, 2022 through June 30, 2023 Licensee shall pay a monthly amount of $4,265.51 for base rent and $649.91 for shared operations costs. The anticipated annual shared costs shall not exceed $58,985. 7. 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. 8. The Assistant County Manager for Maricopa County and/or the Real Estate Director for Maricopa County shall administer this Agreement, as amended. 9. This 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. 10. 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 P-50327 C-22-19-034-L-07 Page 4 of 12 IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the last date written below. LICENSOR: Maricopa County ____________________________________ Bill Gates Chairman of the Board of Supervisors ATTEST: ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date P-50327 C-22-19-034-L-07 Page 5 of 12 LICENSEE: Arizona Department of Economic Security ___________________________________ David Steuber, Chief Procurement Officer ____________________________________ Date DM19-004048 P-50327 C-22-19-034-L-07 Page 6 of 12 WEST VALLEY ONE-STOP CAREER CENTER 4425 WEST OLIVE AVE GLENDALE, AZ 85302 EXHIBIT “1A” Facility 3 – First Floor P-50327 C-22-19-034-L-07 Page 7 of 12 WEST VALLEY ONE-STOP CAREER CENTER 4425 WEST OLIVE AVE GLENDALE, AZ 85302 EXHIBIT “1A” Facility 3 – Second Floor P-50327 C-22-19-034-L-07 Page 8 of 12 EAST VALLEY ONE-STOP CAREER CENTER 1001 W SOUTHERN AVE, MESA, AZ 85210 EXHIBIT “1B” Facility 4 – First Floor P-50327 C-22-19-034-L-07 Page 9 of 12 EAST VALLEY ONE-STOP CAREER CENTER 1001 W SOUTHERN AVE, MESA, AZ 85210 EXHIBIT “1B” Facility 4 – Second Floor P-50327 C-22-19-034-L-07 Page 10 of 12 Exhibit “3” Facilities Rent and Shared Operation Costs P-50327 C-22-19-034-L-07 Page 11 of 12 Exhibit “4” DES SPACE ALLOCATION (per Program/per Facility) P-50327 C-22-19-034-L-07 Page 12 of 12 Exhibit “4” DES SPACE ALLOCATION (per Program/per Facility)