TEMPE UNION HIGH SCHOOL LEASE P50308 AMEND 3.PDF

P50308 
 
 
C-22-17-064-L-03 
 
 
 
AMENDMENT No. 3 TO FACILITIES USE/REVOCABLE LICENSE AGREEMENT 
BETWEEN 
TEMPE UNION HIGH SCHOOL DISTRICT NO. 213   
AND  
MARICOPA COUNTY 
 
RECITALS 
 
A. 
This Amendment No. 3 (“Amendment”) to that certain Facilities Use/Revocable License 
Agreement No. P-50308 dated June 14, 2017 and subsequently amended June 26, 2019, 
and June 23, 2021 (collectively, “Agreement”) is made and entered into by and between 
Maricopa County, a political subdivision of the State of Arizona (“Licensee”) and the 
Tempe Union High School District No. 213, a political subdivision of the State of Arizona 
(“Licensor”), (collectively, “Parties”). The Agreement is for premises located at 500 West 
Guadalupe Road, Tempe, AZ 85283 (“Property”), consisting of two classrooms, 
playground space, and meeting/common area on the Property (“Premises”) for Early Head 
Start Program use. 
 
B. 
The term of the Agreement, as amended, expires on June 30, 2022. 
 
C. 
The Parties now mutually desire to enter into this Amendment to amend the Agreement to: 
(A) extend term; (B) provide renewal option; (C) update termination language; (D) approve 
certain Licensee tenant improvements; and (E) renew 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 
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 the Agreement is hereby extended one (1) year, commencing July 1, 2022 and 
expiring June 30, 2023. This Agreement, as amended, is subject to termination pursuant to 
A.R.S. §38-511, the provisions of which are incorporated herein by this reference. This 
Agreement 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.  Licensee’s fiscal year 
ends June 30. Licensor and/or any of its employees, agents, officers, directors, members, 
successors or assigns hereby waives any and all rights to bring any claim against Licensee 
or its employees, agents, officers, directors, members, successors or assigns from or 
relating in any way to Licensee’s termination of this Agreement pursuant to this Section. 
 
4. 
Licensee shall have the option to renew this Agreement for one additional period of one 
(1) year at the same terms and conditions of the Agreement (“Renewal Option”).  If 
Licensee wants to exercise the Renewal Option, Licensee will provide Licensor written

P50308 
 
 
C-22-17-064-L-03 
 
 
 
notice at least ninety (90) days prior to the term expiration date. The Agreement shall be 
renewed upon mutual agreement by both Parties in writing. 
 
5. 
Section 7.1 of the Agreement is hereby deleted in its entirety and replaced with the 
following:  
 
The Agreement may be terminated by either Party by giving the other Party at least 
ninety (90) days’ prior written notice.    
 
6. 
Licensor acknowledges Licensee’s desire to make improvements to the Premises. Licensor 
authorizes Licensee to make said improvements to the Premises as those modifications are listed 
in Exhibit “A” to this Amendment, which Exhibit “A” (“Tenant Improvements”) is attached hereto 
and made a part hereof. Licensee may, in its sole discretion, abandon the Tenant Improvements 
made by Licensee or remove said Tenant Improvements and restore the Premises to its original 
condition, ordinary wear and tear excepted.  
6.1 
Licensee shall be financially responsible for all costs associated with design, permitting, 
purchase, and installation of the work associated with the Tenant Improvements in an amount 
not to exceed one hundred and twenty thousand dollars and 00/100 ($120,000).   
6.2 
Licensee shall be responsible for performing the work required to complete the Tenant 
Improvements. All work must conform to, and be in substantial accordance with, the quality 
and appearance of the improvements in the remainder of the building where the Premises is 
located. 
6.3 
Prior to the commencement of the Tenant Improvements, Licensee shall ensure contractor 
has purchased and maintains throughout construction all standard insurance coverage at 
levels standard in the industry from a company or companies duly licensed by the State of 
Arizona and contactor shall require its subcontractors to maintain equivalent insurance based 
in their trade and participation in the work. 
6.4 
Licensee hereby designates Leah Hanwell as its representative and agent for the purpose of 
questions associated with the Tenant Improvements.  
 
Maricopa County Facilities Management Department 
Attn: Leah Hanwell 
401 W Jefferson Street  
Phoenix, Arizona 85003 
 
605. 768. 0577 
Leah.Hanwell@maricopa.gov 
 
 
7. 
This Agreement, as amended, 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. 
 
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, except 
as herein amended.

P50308 
 
 
C-22-17-064-L-03 
 
 
 
IN WITNESS WHEREOF, the Parties have signed this Amendment. 
 
LICENSOR: 
TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 
 
 
 
 
 
_____________________________________ 
 
Brian Garcia 
 
 
 
Date 
 
  
Governing Board President 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
APPROVED as to FORM: 
 
 
 
 
 
 
_____________________________________ 
 
Attorney for the District  
Date

P50308 
 
 
C-22-17-064-L-03 
 
 
 
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

P50308 
 
 
C-22-17-064-L-03 
 
 
 
EXHIBIT “A” 
 
Tenant Improvements 
 
Program: Maricopa County Human Services Department – Early Education Division 
Project Request # 21-223 – Tempe Union High School District No. 213 
 
 
Project description: 
• 
Remove and Replace 1211 square feet of artificial turf 
• 
Remove and Replace 1390 square feet of Pour-N-Play  
• 
Install weep holes in masonry wall for drainage 
 
Project Budget:   
 
Not to exceed $120,000 
 
 
 
By signing below, each party acknowledges and concurs with the scope of this project and agrees that work 
may begin.  
 
 
 
 
 
 
 
 
 
 
 
______  
 
 
 
____ 
___________________ 
Contractor 
 
 
 
Signature 
 
 
Date 
 
 
________________________ 
 
______________________ 
___________________ 
Licensor 
 
 
 
Signature 
 
 
Date 
 
 
_NA_____________________  
______________________ 
___________________ 
Operator 
 
 
 
Signature 
 
 
Date 
 
 
_________________________         
_______________________ 
___________________ 
Maricopa County Human 
 
Signature 
 
               Date 
Services Department