FIRST AMENDMENT TO LICENSE P50214 WITH CITY OF PHOENIX.PDF
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C-85-18-011-M-01 No. P50214 147264--01 No. 100916 FIRST AMENDMENT TO RIGHT OF ENTRY AND ACCESS AGREEMENT FOR AN AIR QUALITY MONITOR BETWEEN CITY OF PHOENIX (CITY) AND MARICOPA COUNTY (COUNTY) RECITALS A. City and County (collectively, “Parties”) are Parties to that certain Right of Entry and Access Agreement for an Air Quality Monitor dated March 12, 2018 (“Agreement”) for County’s use and access to a portion of City-owned property and facilities located at City of Phoenix water Well Site #70, 3847 W. Earll Drive, Phoenix, Arizona (“Site”) for the purpose of maintaining and operating air quality monitors through an Air Monitoring System (“System”). B. The term of the Agreement expires March 11, 2023. C. The Parties now mutually desire to enter into this First Amendment (“Amendment”) to: (a) renew the Agreement for the first five-year option period to extend the term; and (b) provide counterpart language. AGREEMENT NOW THEREFORE in consideration of the foregoing and other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, City and County 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 five (5) years, to commence March 12, 2023, and expire March 11, 2028. This Agreement is subject to the provisions of A.R.S. § 38-511, the provisions of which are incorporated herein by this reference. 4. 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. 5. This Amendment shall not become effective until it is executed by Maricopa County. 6. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK C-85-18-011-M-01 No. P50214 147264--01 No. 100916 IN WITNESS WHEREOF, the Parties have signed this Amendment: CITY: CITY OF PHOENIX, a municipal corporation Jeffrey J. Barton, City Manager _______________________________________ By: Jami R. Schmalz Its: Deputy Finance Director Date ____________________ APPROVED AS TO FORM: CRIS MEYER, City Attorney _______________________________________ By: Deryck R. Lavelle Its: Assistant Chief Counsel Date ____________________ ATTEST: _______________________________________ By: Denise Archibald Its: City Clerk Date ____________________ C-85-18-011-M-01 No. P50214 147264--01 No. 100916 LICENSEE: Maricopa County, a political subdivision of the State of Arizona ____________________________________ Bill Gates Chairman of the Board of Supervisors ATTEST: ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date