AMENDMENT 1 TO LICENSE P50202 WITH CITY OF MESA FOR AQ MONIT SITE 370 S. BROOKS RD.PDF

License No. P50202 
C-85-13-009-3-04 
 
{00448889.1} 
1 
FIRST AMENDMENT TO LICENSE AGREEMENT 
BETWEEN 
CITY OF MESA (“CITY”)  
AND 
MARICOPA COUNTY (“LICENSEE”) 
 
RECITALS 
 
A. 
City and Licensee (collectively, “Parties”) entered into that certain License Agreement 
dated January 2, 2014 titled “License Agreement for Use of Real Property at 370 S. Brooks, 
Mesa, Arizona” and on February 1, 2018, the Parties agreed to a five (5) year renewal of 
the Term of the Agreement pursuant to Section 3.01 (collectively, “Agreement”).  
 
B. 
The Term of the Agreement is currently set to expire December 31, 2022. 
 
C. 
Licensee desires to continue to use a portion of the City-owned property located at 370 S. 
Brooks Road, Mesa, Arizona, (“the Property”) to access and use the Monitoring Site 
pursuant to the terms of the Agreement. 
 
D. 
The Parties now mutually desire to enter into this First Amendment (“Amendment”) to: 
(a) amend the Agreement to grant two (2) additional successive renewal options, for a 
maximum total of four (4); (b) reflect the Parties agreement to renew the Agreement for the 
second successive five-year term; and (c) to make other changes as provided herein. 
 
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 
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 Parties agree that Section 3.01 of the Agreement is amended to read as follows to allow 
for successive renewals of the Term and a ninety (90) day written notice requirement. 
 
“3.01 Term. The term of this Agreement shall be for a period of Five Years (the 
"Term"), commencing on the Effective Date and ending five years thereafter on the 
day before the fifth anniversary of the Effective Date, unless otherwise canceled or 
terminated as provided herein. Provided that Licensee is not then in default of this 
Agreement and subject to the written approval of City (which it may grant or deny 
in its sole discretion), this Agreement may be renewed for up to a maximum of four 
(4) successive five (5) year terms, and each such renewal shall become part of the 
"Term" of this Agreement and will be subject to the same terms and conditions of 
the Agreement as existing at the time of renewal. Licensee may request such a 
renewal only in the final year of the then existing Term by providing the City with

License No. P50202 
C-85-13-009-3-04 
 
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written notice of its request to renew no later than ninety (90) days prior to the 
expiration of the then current Term. The License Fee may be subject to change with 
each renewal.” 
 
4. 
Pursuant to Section 3.01 of the Agreement, the Parties agree that the Term of the 
Agreement is renewed for a second five (5) year successive period, to commence January 
1, 2023 and expire December 31, 2027. Section 3.01 permits the Parties to modify the 
License Fee with each renewal.  The Parties agree that the base license fee for the renewal 
is six hundred dollars ($600.00) annually, plus tax (see Section 4.01 of the Agreement). 
The Parties acknowledge that the Agreement, including this Amendment, is subject to the 
provisions of A.R.S. § 38-511, the provisions of which are incorporated herein by this 
reference. 
 
5. 
The Assistant County Manager for Maricopa County and/or Real Estate Director for 
Maricopa County may administer this Agreement for the Licensee (Maricopa County).  The 
Real Estate Services Division of the City of Mesa shall administer the Agreement for the 
City. 
 
6. 
This Amendment may be executed in two (2) 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. 
 
7. 
This Amendment shall not become effective until it is executed by both Parties, with the date 
of the final signature by Licensee being the effective date of the Amendment. 
 
8. 
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

License No. P50202 
C-85-13-009-3-04 
 
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IN WITNESS WHEREOF, the Parties have signed this Amendment: 
 
CITY: City of Mesa, an Arizona municipal corporation 
 
 
 
Christopher J. Brady, City Manager or his Designee 
 
 
REVIEWED as to FORM: 
 
 
 
City Attorney 
Date

License No. P50202 
C-85-13-009-3-04 
 
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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