P-50316 AMD 1 FINAL ADD CHAIRMAN NAME.PDF
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Lease No. P-50316
Amendment No. 1
C-50-19-040-L-01
USAF-AETC-NUEX-18-1-0523
Page 1 of 4
AMENDMENT NO. 1 TO
REVOCABLE NON-EXCLUSIVE USE LICENSE AGREEMENT
BETWEEN MARICOPA COUNTY AND LUKE AIR FORCE BASE
FOR USE OF REAL PROPERTY
This Amendment No. 1 (“Amendment”) to Revocable, Non-Exclusive Use License
Agreement, License No. P-50316, USAF-AETC-NUEX-18-1-0523, which was fully executed on
January 16, 2019 (“Agreement”), is made and entered into by and between Maricopa County, a
political subdivision of the State of Arizona (“Licensor”), acting on behalf of the Maricopa County
Sheriff’s Office (“MCSO”), and Luke Air Force Base, a United States Federal entity (“Licensee”).
All capitalized terms not otherwise defined in this Amendment have the same meanings as
contained in the Agreement.
RECITALS
WHEREAS, the Agreement is for use of property located at 26900 West Buckeye Hills
Drive, Buckeye, Arizona 85337 that is operated as a MCSO Firearms Training and Qualifications
Range; and
WHEREAS, the initial term of the Agreement expires February 13, 2020; and
WHEREAS, Licensee desires to exercise the first of four options to renew the term for
one year, reduce the number of maximum students, and adjust the annual license fee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the following mutual covenants
and conditions, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Licensor and Licensee hereby agree as follows:
1.
The Recitals, by this reference, are incorporated herein and made a part of this Amendment.
2.
In accordance with Section 4.1 and 4.3 of the Agreement, the Licensee has elected to
exercise a Renewal Option.
3.
The term of the Agreement is hereby extended for one (1) year, to commence February 14,
2020 and expire February 13, 2021, under the first of four options to renew (“Renewal
Term No. 1”).
4.
During Renewal Term No. 1, the annual license fee shall be in the amount of Forty-six
Thousand Seven Hundred and 00/100 Dollars ($46,700.00), which shall be paid to Licensor
as soon as possible after the date of invoice but no later than one hundred eighty (180) days
from the date of invoice.
Lease No. P-50316
Amendment No. 1
C-50-19-040-L-01
USAF-AETC-NUEX-18-1-0523
Page 2 of 4
5.
Section 3.2 of the Agreement shall be deleted in its entirety and shall be replaced with the
following:
3.2
During Renewal Term No. 1, in exchange for payment of the annual license fee set
forth above, Licensee shall be entitled to: (1) use the Premises to train a maximum of 1,500
students per Federal fiscal year; (2) expend a maximum of 375,000 rounds of ammunition
on the Premises per Federal fiscal year; (3) schedule and use the Premises during normal
working hours in accordance with Section 805(2) of the joint Standard Operating
Procedure (“SOP”) attached as Exhibit B to the Agreement; and (4) schedule and use the
Premises after normal working hours in accordance with Section 805(4) of the SOP to hold
up to thirty-four (34) night, weekend, and/or holiday trainings which shall not exceed six
(6) hours per use.
6.
This Amendment is subject to the provisions of A.R.S. § 38-511, the provisions of which
are incorporated herein by this reference.
7.
This Amendment shall be effective when it has been executed by both Licensor and
Licensee (“Effective Date”).
8.
The foregoing paragraphs contain all of the changes made by this Amendment. In all other
respects, the Agreement is affirmed and ratified and, except as expressly modified herein,
all terms and conditions of the Agreement shall remain in full force and effect.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Lease No. P-50316
Amendment No. 1
C-50-19-040-L-01
USAF-AETC-NUEX-18-1-0523
Page 3 of 4
IN WITNESS WHEREOF, the PARTIES have hereunder set their signatures on the day and year
set forth below.
LICENSOR:
MARICOPA COUNTY
____________________________________
Date
Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board
Date
APPROVED AS TO FORM:
____________________________________
Deputy County Attorney
Date
STATE OF ARIZONA
)
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ______day of _________________
20_____, by _________________________, the Chairman of the Maricopa County Board of
Supervisors.
____________________________________
Notary Public (signature)
My Commission Expires _______________
Lease No. P-50316
Amendment No. 1
C-50-19-040-L-01
USAF-AETC-NUEX-18-1-0523
Page 4 of 4
LICENSEE:
LUKE AIR FORCE BASE
_____________________________________
TODD D. CANTERBURY
Date
Brigadier General, USAF
Commander, 56th Fighter Wing
STATE OF ARIZONA
)
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ______day of _________________
20_____, by Todd D. Canterbury, Brigadier General, USAF, Commander, 56th Fighter Wing
____________________________________
Notary Public (signature)
My Commission Expires _______________