DES LICENSE AMENDMENT 3-P-50327.PDF
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P-50327 Amendment 3 C-22-19-034-L-03 Page 1 of 7 AMENDMENT No. 3 to LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN MARICOPA COUNTY (LICENSOR) AND ARIZONA DEPARTMENT OF ECONOMIC SECURITY (LICENSEE) RECITALS A. Licensor and Licensee are parties to that certain License Agreement No. P-50327 dated June 19, 2019 and subsequently amended by Amendment No. 1 dated December 11, 2019 (collectively, “Agreement”). The Agreement is for use of property at 1840 N. 95th Avenue, Suite 160, Phoenix, AZ 85037, (“Facility 1”), 735 N. Gilbert Road, Suite 134, Gilbert, Arizona 85234 (“Facility 2”) and, 4425 West Olive Avenue, Suites 190 and 200, Glendale, Arizona 85302 (“Facility 3”), Facility 2 and Facility 3 collectively, the “Facility” or “Facilities”; and B. In Amendment No. 1 to the Agreement (1) the term of the Agreement was extended to expire June 30, 2020 and (2) it was noted that on or before January 1, 2020 Licensor and Licensee would move to Facility 3, a new location, and the allocated space and common areas were expected to be defined in an amendment; and C. Amendment No. 2 to the Agreement (C-22-19-034-L-02) was never fully executed by the Parties; and D. The Parties now mutually desire to enter into this Amendment No. 3 (“Amendment”) to the Agreement to extend the term of the Agreement, remove Facility 1 from the Agreement, define Facility 2 and Facility 3 allocated space and common areas and costs associated with operation of the Facilities, identify costs (Facilities Rent and Shared Operations Costs”) as defined on the attached Exhibit “3” and by this reference made a part hereof, and to make certain other changes as hereinafter described. AGREEMENT NOW, THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged, the Parties agree 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. Delete Section 12.0 Facility Work Space and Common Area in its entirety and replace with the following: 12.0 Facility Work Space and Common Area. Exhibits “1B”, “3” and “4” are deleted in their entirety and replaced with Exhibits “1B”, “1C”, “3” and “4” attached hereto and by this reference made a part hereof. Allocated P-50327 Amendment 3 C-22-19-034-L-03 Page 2 of 7 space depicted on Exhibits “1B”, “1C”, “3” and “4”, attached hereto and by this reference made a part hereof. 12.1 Facility 2 - Licensor – total space of 23,500 square feet 12.1.1 Work Space area is 12,986 square feet, and 12.1.2 Common Area space is 10,514 square feet. 12.2 Facility 3 - Licensor – total space of 26,290 square feet 12.2.1 Work Space area is 13,676 square feet, and 12.2.2 Common Area Space is 12,614 square feet. 12.3 Facility 2 - Licensee – total space of 2,331 square feet (9.92% of facility) 12.3.1 Work Space area is 1,288 square feet, and 12.3.2 Common Area Space is 1,043 square feet. 12.4 Facility 3 - Licensee – total space of 4,895 square feet (19.00% of facility) 12.4.1 Work Space area is 2,546 square feet, and 12.4.2 Common Area Space is 2,349 square feet. 4. The term of the Agreement is hereby extended for eighteen (18) months, to commence retroactively as of January 1, 2020 and expire June 30, 2021. This Agreement may be terminated pursuant to A.R.S. § 38-511. 5. 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. IN WITNESS WHEREOF, the Parties enter into this Amendment. LICENSOR: LICENSEE: Maricopa County Arizona Department of Economic Security ____________________________________ ___________________________________ Clint Hickman Patty Clark, Chief Procurement Officer Chairmen of the Board of Supervisors ATTEST: ___________________________________ Date ____________________________________ Clerk of the Board Date APPROVED as to FORM: ____________________________________ Deputy County Attorney Date P-50327 Amendment 3 C-22-19-034-L-03 Page 3 of 7 EXHIBIT “1B” Facility 3 – First Floor WEST VALLEY CAREER CENTER 4425 WEST OLIVE AVE GLENDALE, AZ 85302 P-50327 Amendment 3 C-22-19-034-L-03 Page 4 of 7 EXHIBIT “1C” Facility 3 – Second Floor WEST VALLEY CAREER CENTER 4425 WEST OLIVE AVE GLENDALE, AZ 85302 P-50327 Amendment 3 C-22-19-034-L-03 Page 5 of 7 Exhibit “3” Facilities Rent and Shared Operations Costs P-50327 Amendment 3 C-22-19-034-L-03 Page 6 of 7 Exhibit “4” DES Space Allocation (Per program / Per facility) P-50327 Amendment 3 C-22-19-034-L-03 Page 7 of 7