P50207 MESA SIGNED.PDF

Maricopa County — Formal (2024-12-11)

View PDF Item 61 Meeting page

Extracted text (via pymupdf) 2756 characters
License No. P-50207 
 
Amendment No. 2 
C-85-15-016-3-02 
Page 1 of 3 
 
 
Second Amendment to License Agreement  
For Use of Real Property  
Between 
City of Mesa (City) 
And  
Maricopa County (Licensee) 
 
RECITALS 
 
A. 
WHEREAS, City and Licensee (collectively the “Parties”) are Parties to that certain 
License Agreement for Use of Real Property P-50207 dated January 1, 2015 and 
subsequently amended by the First Amendment dated December 11, 2019 (collectively, 
the “Agreement”); and 
 
B. 
WHEREAS, the Agreement is for use of the Monitoring Site at 4530 E. McKellips Road, 
Mesa, Arizona, (the “Property”); and 
 
C. 
WHEREAS, the term of the Agreement expires December 31, 2024, and the Agreement 
allows for up to two successive renewal terms of five years each; and 
 
D. 
WHEREAS, City and Licensee now mutually desire to enter into this Second Amendment 
to amend the Agreement to (a) exercise the second successive five-year renewal term (b) 
adjust the License Fee and (c) add two successive five-year renewal terms. 
 
AGREEMENT 
 
NOW THEREFORE in consideration of the foregoing and other good and valuable 
consideration, receipt and sufficiency of which is hereby acknowledged City and Licensee 
agree as follows: 
 
1. 
Section 3.01 of the Agreement, as amended by Section 1 of the First Amendment dated 
December 11, 2019, shall be deleted in entirety, and replaced with the following: 
 
3.01 
Term. The term of this Agreement shall be for a period of Five Years (the 
“Term”), commencing on January 1, 2025 and expires December 31, 2029, 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 two (2) successive five (5) year terms, and such renewal shall become part of the 
“Term” of this Agreement. Licensee may request such a renewal only in the final 
year of the then existing term. The License Fee may be subject to change with each 
renewal. This Agreement is subject to the provisions of A.R.S. § 38-511, the 
provisions which are incorporated herein by this reference.

License No. P-50207 
 
Amendment No. 2 
C-85-15-016-3-02 
Page 2 of 3 
 
 
2. 
The annual License Fee is hereby adjusted to Six Hundred Dollars ($600.00) plus all taxes 
levied upon Licensee’s occupancy of the Monitoring Site. 
 
3. 
This amendment shall not become effective until it is executed by Maricopa County. 
 
4. 
The foregoing paragraphs contain all the changes made by this amendment. All other terms 
and conditions of the original Agreement remain the same and in full force and effect. 
 
 
[SIGNATURES ON THE FOLLOWING PAGE]