FOURTH AMENDMENT TO LICENSE AGREEMENT WITH DVUSD.PDF

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FOURTH AMENDMENT TO REVOCABLE LICENSE AGREEMENT BETWEEN  
DEER VALLEY UNIFIED SCHOOL DISTRICT AND MARICOPA COUNTY  
 
 
RECITALS 
 
A. 
Deer Valley Unified School District, an Arizona school district (“Licensor”) and Maricopa County, 
a political subdivision of the State of Arizona (“Licensee”), (collectively, the “Parties”) are Parties 
to that certain License Agreement dated March 29, 2017 and subsequently amended by First 
Amendment dated September 28, 2018, Second Amendment dated August 19, 2020, and Third 
Amendment dated June 14, 2021 (collectively, “Agreement”). The Agreement is for Licensee’s 
access to and permitted use of property and premises located at 18440 North 15th Avenue, Phoenix, 
AZ 85023. 
 
B. 
The term of the Agreement expires September 30, 2023. 
 
C. 
The Parties now mutually desire to enter into this Fourth Amendment (“Amendment”) to amend 
the Agreement to: (a) replace the term; (b) grant option to extend term; (c) provide termination 
language (d) define use fee; and (e) provide language for administration of authority and 
counterpart signatures. 
 
AGREEMENT 
 
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the 
receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee 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. 
Section 2 and Exhibit “C” of Article I to that certain License Agreement, Section 3 of the First and 
Second Amendment, and Sections 5 through 8 and Exhibit “C” of the Third Amendment to the 
Agreement are hereby deleted in their entirety and replaced with the following, which includes 
additional Sections 3 and 4: 
 
I. 
TERM 
 
2. The Agreement shall be effective upon full execution by the Parties and expire on June 30, 
2026 (“Term”). 
 
3. Licensor hereby grants Licensee the option of extending the Term for two (2) additional periods 
of five (5) years each (“Option”). To exercise either Option, Licensee will provide Licensor 
with written notice at least ninety (90) days prior to the Term expiration. The Agreement shall 
be extended upon mutual agreement in writing. 
 
4. This Agreement may be terminated by Licensee at the end of any fiscal year due to non-
appropriation of funds without any penalty or liability to Licensee. Either Party may terminate 
this Agreement with a 90-day written notice to the other. 
 
4. 
Section 7 and Exhibit “D” of Article II  to that certain License Agreement and Section 4 of the 
First and Second Amendment to the Agreement are hereby deleted in their entirety and replaced 
with the following:

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II. SCOPE 
 
7. Licensee shall pay Licensor a use fee in the amount of thirteen hundred and fifty ($1,350.00) 
dollars, gross, per month for the Term. 
 
5. 
The Agreement is hereby amended to add the following article: 
 
XV. 
MISCELLANEOUS 
 
1. The Assistant County Manager for Maricopa County and/or the Real Estate Director for 
Maricopa County shall administer this Agreement, including the execution of documents. 
 
2. The Agreement may be executed in two or more counterparts, each of which shall be deemed 
an original but all of which together shall constitute one and the same instrument. Electronic 
signatures shall have the same force and effect as the original. 
 
6. 
The Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 
 
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. 
 
 
 
 
 
 
 
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IN WITNESS WHEREOF, the Parties have fully executed this Amendment as of the date last written 
below.  
 
LICENSOR: 
Deer Valley Unified School District, an Arizona School District 
 
 
_______________________________________  
Jim Migliorino  
 
Date 
 
 
Deputy Superintendent for Fiscal & Business Services

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LICENSEE: 
Maricopa County, a political subdivision of state of Arizona 
 
 
_______________________________________ 
Clint Hickman, 
Chairman of the Board of Supervisors 
 
 
ATTEST: 
 
 
_______________________________________ 
Clerk of the Board 
 
Date 
 
APPROVED as to FORM: 
 
 
_______________________________________ 
Deputy County Attorney 
Date