2011-5001-0222 MARICOPA COUNTY AMENDMENT 5 - SIGNED.PDF
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Contract No. 2011-5001-0222 P-50187 C-18-12-009-3-05 Page 1 of 4 FIFTH AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY GILBERT CONTRACT #2011-5001-0222 WHEREAS, the Town of Gilbert, an Arizona municipal corporation, “Licensor,” and Maricopa County, a political subdivision of the State of Arizona, “Licensee,” collectively the “Parties” and individually “Party,” entered into a License Agreement for Use of Real Property dated September 11, 2011 and subsequently amended First Amendment dated July 25, 2012, Second Amendment dated September 9, 2013, Third Amendment dated June 18, 2014, and Fourth Amendment dated September 4, 2019 (collectively, the “Agreement”). The Agreement is for the Use of Real Property at Licensor Municipal Building II and Southeast Regional Library for parking of County vehicles and parking of County employee personal vehicles. WHEREAS, the term of the Agreement expires September 30, 2024. WHEREAS, Licensor and Licensee now desire to enter into this Fifth Amendment to the Agreement (“Amendment”) to: (a) extend the term, (b) update Notice information, (c) provide counterpart language, and (d) add Licensee administration of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is mutually acknowledged, the Parties agree as follows: 1. The Recitals are, by this reference, are hereby incorporated and made a part of this Amendment. 2. Capitalized terms used in the 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 October 1, 2024 and expire September 30, 2029. 4. By mutual consent in writing the Parties may extend the term of the Agreement. 5. Either Party may terminate the Agreement, for any reason or for no reason whatsoever, upon thirty (30) days prior written notice to the other Party. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511. Docusign Envelope ID: 099A4954-278C-4358-91D8-43A5084A7BB7 Contract No. 2011-5001-0222 P-50187 C-18-12-009-3-05 Page 2 of 4 6. Section 7 of the Agreement shall be deleted in its entirety and replaced with the following: 7. All notices shall be in writing and hand delivered or sent via US Certified Mail, return receipt requested to the following: LICENSOR: Katie DeVenuto Business Manager Town of Gilbert Parks and Recreation Municipal Building II 90 E. Civic Center Drive Gilbert, AZ 850296 LICENSEE: Maricopa County Real Estate Department Attn: Director 2801 W. Durango St. Phoenix, AZ 85009 7. The Agreement shall be amended by adding the following: 8. Counterparts. 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. 8. The Agreement shall be amended by adding the following: 9. Administration of Agreement. The Assistant County Manager for Maricopa County, and/or the Real Estate Director for Maricopa County shall administer this Agreement, including execution of documents necessary to administer this Agreement. 9. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement and subsequent renewals and amendments remain the same and in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 099A4954-278C-4358-91D8-43A5084A7BB7 Contract No. 2011-5001-0222 P-50187 C-18-12-009-3-05 Page 3 of 4 AGREED TO and ENTERED into as of the date last signed below. LICENSOR: Town of Gilbert ___________________________________ Town Manager APPROVED AS TO FORM: ___________________________________ Town Attorney Date Patrick S Banger (Aug 6, 2024 16:39 PDT) Patrick S Banger Patrick S Banger Christopher W. Payne Aug 20, 2024 Docusign Envelope ID: 099A4954-278C-4358-91D8-43A5084A7BB7 Contract No. 2011-5001-0222 P-50187 C-18-12-009-3-05 Page 4 of 4 LICENSEE: MARICOPA COUNTY, a political subdivision of the State of Arizona Chairman of the Board ATTEST: Clerk of the Board Date APPROVED AS TO FORM: Deputy County Attorney Docusign Envelope ID: 099A4954-278C-4358-91D8-43A5084A7BB7 8/23/2024