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Lease No. P-50311 Contract No. 2017-142-COS-A1 C-86-18-022-M-01 Page 1 of 5 DM No. 17990417v2 AMENDMENT NO. 1 TO WIC LICENSE AGREEMENT This Amendment No. 1 to the WIC Revocable License Agreement (Amendment) is made and entered into by and between the City of Scottsdale, an Arizona municipal corporation (City), and Maricopa County, a political subdivision of the state of Arizona (Licensee or County), collectively referenced as the Parties. RECITALS A. The City and Maricopa County entered into Contract No. 2017-142-COS (Original Agreement), a license agreement whereby the City permitted the County to use space within the Paiute Neighborhood Center in exchange for the County providing certain specified human services and paying to the City a Use Fee and Utility Fee; B. Licensee’s existing annual Use and Utility Fees as stated in the Original Agreement remain unchanged; C. The Original Agreement has not been amended; and D. The City and Licensee have mutually determined that the Original Agreement should be amended to recognize a change in hours of facility use; NOW, THEREFORE, in consideration of the covenants and promises contained herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: TERMS 1.0 Recitals. The recitals which appear above are incorporated into this Agreement by this reference. 2.0 Changes related to Time Restrictions. Delete Section 5.3 in the Original Agreement and replace it with the following: 5.3 Time Restrictions. The Licensee may use the Use Area only during the times set forth in Exhibit “A.” 3.0 Exhibit “A”. Delete Exhibit “A” in the Original Agreement and replace it with Exhibit “A”, attached hereto. All references to Exhibit “A” in the Original Agreement shall now mean Exhibit “A” attached to this Amendment. 4.0 Addition related to Changes in Use Area or Times of Use. Insert into the Original Agreement as Section 5.11 and Subsections 5.11.1 and 5.11.2 the following: 5.11 Changes in Use Area or Times of Use. If the Parties desire to change the Use Area or Times of Use (as set forth in Exhibit “A”) during the Term of this Agreement, the following procedure applies: Lease No. P-50311 Contract No. 2017-142-COS-A1 C-86-18-022-M-01 Page 2 of 5 DM No. 17990417v2 5.11.1 For a change that does not increase the aggregate size of the Use Area or total hours of use, the Parties will prepare an Amended Exhibit “A” containing a diagram showing the new Use Area with associated times of use and signatures of both the City Contract Administrator and the Licensee’s Contract Administrator. The Amended Exhibit “A” will then be substituted for this Agreement’s Exhibit “A.” 5.11.2 Pursuant to Sections 11.2 of the Original Agreement, Licensee’s Contract Administrator shall be both the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County and each, individually and separately, are hereby given the authority and charged with the responsibility for proper administration of this Agreement, as amended, whether or not specific authority is granted in any provision of this Agreement. 5.11.3 For a change that increases the aggregate size of the Use Area or total hours of use, an amendment to this Agreement is required, which is subject to Scottsdale City Council approval. 5.0 No Further Amendment. Except as expressly amended by specific provisions of this Amendment, the Original Agreement and the Parties’ respective rights and obligations related to the Original Agreement are not affected by this Amendment. 6.0 Integration. This Amendment constitutes the entire agreement between the Parties with respect to amending the Original Agreement and supersedes any prior, understanding, negotiation, draft agreements, discussion outlines, correspondence, and memoranda or representation regarding amending the Original Agreement. 7.0 Third-Party Beneficiaries. Except as expressly stated ion the Original Agreement, if any, there are no third-party beneficiaries to this Amendment or the Original Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by signing their signatures, as of the day and date written below. [Signatures appear on the following pages.] Lease No. P-50311 Contract No. 2017-142-COS-A1 C-86-18-022-M-01 Page 3 of 5 DM No. 17990417v2 MARICOPA COUNTY, a political subdivision of the State of Arizona ______________________________________ Clint Hickman, Chairman of the Board of Supervisors ATTEST: ______________________________________ Clerk of the Board APPROVED AS TO FORM: ______________________________________ Deputy County Attorney [Remainder of page intentionally left blank.] Lease No. P-50311 Contract No. 2017-142-COS-A1 C-86-18-022-M-01 Page 4 of 5 DM No. 17990417v2 CITY OF SCOTTSDALE, an Arizona municipal corporation ______________________________________ W.J. “Jim” Lane, Mayor ATTEST: ______________________________________ Carolyn Jagger, City Clerk APPROVED AS TO FORM: ______________________________________ Sherry R. Scott, City Attorney By Janis L. Bladine, Senior Assistant City Attorney Lease No. P-50311 Contract No. 2017-142-COS-A1 C-86-18-022-M-01 Page 5 of 5 DM No. 17990417v2 Exhibit “A” Diagram of Facility with Location(s) of Use Area(s) and Times of Use Times of Use: The Licensee may use the Use Area from 7:00 a.m. to 7:00 p.m. on Mondays through Thursdays and from 7:00 a.m. to 6:00 p.m. on Fridays. The City reserves the right to use these areas at times other than the Times of Use.