AMENDEMENT 4 TO LICENSE P-50314 RE KEN SHEELY RANCH PARTNERS.PDF
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LICENSE N0. P-50314 AMENDMENT No. 04 C-70-18-002-M-05 AMENDMENT No. 4 TO REVOCABLE LICENSE AGREEMENT BETWEEN KEN SHEELY RANCHES PARTNERS, LICENSEE AND MARICOPA COUNTY, LICENSOR RECITALS A. Licensee and Licensor are parties to that certain Revocable License Agreement No. P-50314 dated November 29, 2017 and subsequently amended on November 7, 2018, December 11, 2019 and December 9, 2020 (collectively, “Agreement”). The Agreement is for farming purposes at the Northwest corner of Van Buren and 103rd Avenue, Avondale, Arizona, consisting of approximately 7.6 acres of agricultural land (“Premises”). B. The term of the Agreement expires on December 31, 2021. C. Licensor and Licensee now mutually desire to enter into this Amendment No. 4 (“Amendment”) to extend the term of the Agreement; redefine the Premises with specified requirements; replace Exhibit “A”; and adjust the non-refundable annual license fee. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, Licensor and Licensee agree to amend the Agreement 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 Agreement, unless the context expressly requires otherwise. 3. The term of the Agreement is hereby extended one (1) year, to commence September 15, 2021 (Commencement Date) and expire December 31, 2022, unless terminated earlier pursuant to the terms of this Agreement. This Agreement, as amended, is subject to termination pursuant to the provisions of A.R.S. §38-511. The term of the Agreement may be extended by written mutual agreement. 4. Exhibit “A” to the Agreement is hereby deleted in its entirety and replaced with Exhibit “A,” attached hereto and by this reference made a part of the Agreement, as amended. The Premises is increased in size to 14 acres as depicted on Exhibit “A.”. Licensee shall provide and maintain barriers/berms necessary to prevent water from exiting Licensee’s Premises and/or entering Licensor’s jobsite or developed property. 5. Licensee shall pay Licensor a non-refundable annual fee in the amount of $850.00 plus any applicable taxes, within 30 days of the Commencement Date, for the one (1) year term extension. 6. The effective date of this Amendment is the date of execution by both Parties. As of the effective date Licensor agrees that Licensee may begin to use the Premises as defined herein. 7. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the Agreement remain the same and in full force and effect. LICENSE N0. P-50314 AMENDMENT No. 04 C-70-18-002-M-05 IN WITNESS WHEREOF, the parties have signed this Amendment. LICENSEE: Ken Sheely Ranches Partners LICENSOR: Maricopa County ____________________________________ ____________________________________ Ken Sheely, Managing Member Jack Sellers Chairman of the Board of Supervisors ____________________________________ ATTEST: Date ____________________________________ Clerk of the Board Date APPROVED AS TO FORM: ____________________________________ Deputy County Attorney Date LICENSE N0. P-50314 AMENDMENT No. 04 C-70-18-002-M-05 EXHIBIT “A” Premises