LICENSE RE AMD 8 TO P-50185 ED HOTDOGGER.PDF
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LICENSE No. P-50185 AMENDMENT No. 08 C-18-12-012-3-08 AMENDMENT No. 8 TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN EDUARDO HARAMINA, dba ED THE HOTDOGGER, (“LICENSEE”) AND MARICOPA COUNTY, (“LICENSOR”) RECITALS A. Licensor and Licensee are parties to that certain License Agreement No. P-50185 approved by the Maricopa County Board of Supervisors on September 14, 2011 and subsequently amended October 31, 2012, December 11, 2013, November 14, 2014, November 4, 2015, December 21, 2016, October 25, 2017 and October 10, 2018 (collectively, the “License”). The License is for use of premises at the South West Corner of Jefferson Street and 1st Avenue, Phoenix, Arizona. B. The term of the License expires on December 31, 2020. C. Licensor and Licensee now mutually desire to enter into this Amendment No. 8 (“Amendment”) to amend the License to create a new term and provide for temporary relocation(s) of the Use Area. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, Licensee and Licensor agree to amend the License as follows: 1. The Recitals, by this reference, are hereby incorporated in this Amendment. 2. Capitalized terms used in this Amendment without definition shall have the meanings assigned to such terms in the License, unless the context expressly requires otherwise. 3. Licensee and Licensor agree to extend the term of the License two (2) years, to commence January 1, 2021, and expire December 31, 2022. This License is subject to termination pursuant to the provisions of A.R.S. §38-511, the provisions of which are incorporated herein by this reference. Either Party may terminate the License with a 30-day written notice to the other. 4. This Amendment clarifies that the $500 Licensee Fee in Section 2 of the License is non-refundable. LICENSE No. P-50185 AMENDMENT No. 08 C-18-12-012-3-08 5. Exhibit “A” to the License is hereby deleted and replaced with Exhibit “A” (showing an updated image of the Property and Use Area), attached hereto and incorporated herein. Licensee’s use of Licensor’s Property shall remain limited to the Use Area as indicated on the attached Exhibit “A”. Notwithstanding the foregoing, due to pending construction on and around the Property, Licensor, at Licensor’s sole discretion, may relocate Licensee to another location within the Property and, whenever feasible, will provide Licensee with a two (2) day written notice, or, temporarily suspend the Operation with a ten (10) day written notice to the Licensee. 6. The Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County shall administer this License. 7. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the License and subsequent amendments remain the same and in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment: LICENSEE: Eduardo Haramina, dba LICENSOR: Maricopa County Ed The Hotdogger _______________________________ ____________________________________ Eduardo Haramina, Owner Clint Hickman Chairman of the Board of Supervisors _______________________________ ATTEST: Date ____________________________________ Clerk of the Board Date APPROVED AS TO FORM: ____________________________________ Deputy County Attorney Date LICENSE No. P-50185 AMENDMENT No. 08 C-18-12-012-3-08 Exhibit “A” Property and Use Area