LICENSE AMENDMENT 10 RE DES P50327.PDF
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TENTH AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY
BETWEEN MARICOPA COUNTY AND ARIZONA DEPARTMENT OF ECONOMIC SECURITY
RECITALS
A.
Maricopa County, a political subdivision of the State of Arizona (“Licensor”), and Arizona
Department of Economic Security (“Licensee”), (collectively, the “Parties”), are Parties to
that certain License Agreement for Use of Real Property dated June 19, 2019, and
subsequently amended by Amendment No. 1 dated January 9, 2020, Amendment No. 3
dated May 28, 2020, Amendment No. 4 dated December 9, 2020, Amendment No. 5 dated
June 9, 2021, Amendment No. 6 dated July 9, 2021, Amendment No. 7 dated October 5,
2022, Amendment No. 8 dated May 2, 2023, and Amendment No. 9 dated May 14, 2024
(collectively, the “Agreement”). The Agreement is for Licensee’s use of Licensor’s
controlled properties located at 4425 W. Olive Ave, Suites 190 and 200, Glendale, AZ,
85302 (“Facility 3”) and 1001 W. Southern Ave, Suites 101 and 201, Mesa, AZ, 85210
(“Facility 4”); and
B.
Amendment No. 2 to the Agreement was never fully executed by the Parties; and
C.
The term of the Agreement expires June 30, 2025; and
D.
The Parties now mutually desire to enter into this Tenth Amendment (“Amendment”) to
the Agreement to: (a) extend the term; (b) replace Exhibit “1A” and “1B”; (c) modify Facility
Work Space and Common Area; (d) modify Shared Facilities Operation Costs; (e) modify
Payment Requirements; (f) modify Notices information; and (e) replace Exhibits “3” and
“4”.
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 this Agreement is hereby extended through June 30, 2026. This Agreement
may be cancelled pursuant to A.R.S. §38-511.
4.
Exhibits “1A” & “1B” to the Agreement are deleted in their entirety and replaced with
Exhibits “1A” & “1B” attached hereto and by this reference made a part hereof.
5.
Section 12.0 to the Agreement is revised by deleting the following subsections in their
entirely and replacing them with the following:
12.0
Facility Work Space and Common Area
12.3
Licensee Facility 3 – total space is 2,497 SF (9.50% of Facility)
12.4.1 Work Space area is 1,257 SF
12.4.2 Common Area is 1,240 SF
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12.4
Licensee Facility 4 – total space is 1,766 SF (4.21% of Facility)
12.4.1 Work Space area is 1,250 SF
12.4.2 Common Area is 516 SF
6.
Section 13.0 to the Agreement is deleted in its entirety and replaced with the following:
13.0
Facilities Space and Rent Costs. Licensee shall pay a percentage of the
operation costs in accordance with the percentage of space allocated to Licensee
per facility as listed in Section 12.0 (Facility Work Space and Common Area) and
depicted in Exhibit “3” Facilities Space and Rent Costs attached hereto. and by
this reference made a part hereof. Facilities Space and Rent Costs include the
following items:
13.1
Facilities Base Rent;
13.2
Pro Rata Facilities Space and Rent Costs are subject to fluctuate on a
monthly basis and may increase or decrease depending on use:
13.2.1 Pest Control & Water Dispenser
13.3
Facility 3: Commencing September 1, 2024 through June 30, 2025
Licensee shall pay a monthly amount of $4,057.63 for base rent and
$155.00 annually for shared operations costs. From July 1, 2025, through
June 30, 2026, Licensee shall pay an amount of $4,161.67 for base rent
and $186.00 annually for shared operation costs.
13.4
Facility 4: Commencing September 1, 2024, through June 30, 2025,
Licensee shall pay $3,421.63 for base rent and $82.00 annually for shared
operations costs. From July 1, 2025, through June 30, 2026, Licensee shall
pay an amount of $3,421.63 for base rent and $82.00 annually for shared
operations costs.
7.
Section 14 to the Agreement is deleted in its entirety and replaced with the following:
14.0
Payment Requirements. Licensee shall pay Licensor on quarterly basis Base
Rent and pro-rata Shared Facility Operation Costs.
14.1
Invoices shall be sent to Licensee’s point of contact as listed in “Notice”
section of the Agreement.
14.2
Licensee shall remit payment within ten (10) calendar days of receipt of
invoices. Licensee shall issue payment by the tenth (10th) calendar day.
The payment shall be submitted to Licensor’s point of contact as listed in
the “Notice” section of this Agreement.
8. Section 40 to the Agreement is deleted in its entirety and replaced with the following:
40.0
Notices. All notices shall be in writing and hand delivered or sent via US Certified
Mail return receipt requested to:
Licensor:
Maricopa County Human Services Department
Workforce Development Division
Attn: Assistant Director
234 N. Central Avenue, Suite 3000
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Phoenix, AZ 85004
(602) 372-2733
With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
Licensee:
Arizona Department of Economic Security
Division of Employment and Rehabilitation Services
Finance & Business Operations Administration
1789 W. Jefferson Street
2nd Floor, NE (Mail Drop 57C1)
Phoenix, AZ 85007
DERSContractsAdmin@azdes.gov
and
Arizona Department of Economic Security
Division of Aging and Adult Services
Finance & Business Operations Administration
1789 W. Jefferson Street
3rd Floor, NW (Mail Drop 6271)
Phoenix, AZ 85007
DAASReceiving@azdes.gov
Payments shall be submitted to:
Maricopa County Human Services Department
Attn: Finance Unit
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004
9.
Exhibit “3” to the Agreement is deleted in its entirety and replaced with Exhibit “3” Facility
Space and Rent Costs, attached hereto and by this reference made a part hereof.
10.
Exhibit “4” to the Agreement is deleted in its entirety and replaced with Exhibit “4” attached
hereto and by this reference made a part hereof.
11.
The foregoing paragraphs contain all the changes made by this Amendment. All other
terms and conditions of the Agreement not changed herein remain the same and in full
force and effect, except as herein amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date written
below.
LICENSOR:
Maricopa County
____________________________________
Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board
Date
APPROVED as to FORM:
____________________________________
Deputy County Attorney
Date
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LICENSEE:
Arizona Department of Economic Security
___________________________________
David Steuber, Chief Procurement Officer
____________________________________
Date
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WEST VALLEY ONE-STOP CAREER CENTER
4425 W. OLIVE AVENUE, GLENDALE AZ 85302
EXHIBIT “1A”
Facility 3 – First Floor
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WEST VALLEY ONE-STOP CAREER CENTER
4425 W. OLIVE AVENUE, GLENDALE AZ 85302
EXHIBIT “1A”
Facility 3 – Second Floor
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EAST VALLEY ONE-STOP CAREER CENTER
1001 W SOUTHERN AVE, MESA, AZ 85210
EXHIBIT “1B”
Facility 4 – First Floor
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EAST VALLEY ONE-STOP CAREER CENTER
1001 W SOUTHERN AVE, MESA, AZ 85210
EXHIBIT “1B”
Facility 4 – Second Floor
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Exhibit “3”
Facilities Space and Rent Costs
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Exhibit “4”
DES SPACE ALLOCATION
(per Program/per Facility)
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Exhibit “4” continued
DES SPACE ALLOCATION
(per Program/per Facility)