documents.tempe.gov Sample Contracts

SECOND AMENDMENT TO FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND ASSIGNMENT AGREEMENT [C2009-19B] (October 30th, 2020)

Amendment and Assignment”) is made as of the day of , 2020, by and between the City of Tempe, an Arizona municipal corporation (“City”), Insight North America, Inc., an Arizona corporation (“Insight”) and ViaWest Properties, LLC, an Arizona limited liability company (“Assignee”) (individually and collectively, “Party” and “Parties”).

Grand Canyon University and (October 26th, 2020)

This Agreement is entered into by and between Grand Canyon University (GCU) with its principal place of business located at 3300 W.

USE AGREEMENT (October 20th, 2020)

This license Agreement (“Agreement”) is made this July 1, 2020 by and between the City of Tempe, an Arizona municipal corporation, herein after referred to as “CITY,” at 200 East 5th Street, Tempe, Arizona, and Flixbus, Inc. of 12575 Beatrice Street, Los Angeles, CA 90066 (“Flixbus”).

INTERGOVERNMENTAL AGREEMENT BETWEEN (October 1st, 2020)

This Intergovernmental Agreement (“Agreement”) is entered into between the Tempe Union High School District No. 213 of Maricopa County (“District”) and the City of Tempe, an Arizona municipal corporation of the State of Arizona (“the City” or “Tempe”), as a joint exercise of their respective powers.

AGREEMENT FOR DOWNTOWN EVENT MANAGEMENT BETWEEN THE CITY OF TEMPE AND THE DOWNTOWN TEMPE FOUNDATION (September 29th, 2020)

This agreement is entered into by and between the City of Tempe, an Arizona municipal corporation (hereinafter “City”) and the Downtown Tempe Foundation, an Arizona non-profit

SUBRECIPIENT AGREEMENT 20-AZDOHS-HSGP-200216-01 (September 23rd, 2020)

WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds.

SUBRECIPIENT AGREEMENT 20-AZDOHS-HSGP-200825-02 (September 23rd, 2020)

WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds.

FIRST AMENDMENT OF MUNICIPAL BILL-CREDITING AGREEMENT (September 18th, 2020)

(“Amendment”) is entered into as of the day of , 2020 (the “Effective Date”), by and between SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER

RIO REIMAGINED BROWNFIELDS ASSESSMENT COALITION MEMORANDUM OF AGREEMENT (September 16th, 2020)

This Memorandum of Agreement (“Agreement”) is entered into by and between the City of Phoenix, a municipal corporation of the State of Arizona (hereinafter referred to as “Phoenix”) and the City of Avondale (“Municipal Coalition Member”), the City of Tempe (“Municipal Coalition Member”), and the Arizona Board of Regents, a body corporate, for and on behalf of Arizona State University (“ASU or Academic Coalition Member”) (collectively the “Parties”) to set forth the objectives, understandings, and agreements between the Parties with regard to the Environmental Protection Agency (“EPA”) Cooperative Agreement No. BF-98T09301-0 (“Cooperative Agreement”) for the Rio Reimagined Brownfields Assessment Coalition (the Coalition) grant. Phoenix, Avondale, Tempe and ASU are hereinafter referenced collectively as the Rio Reimagined Brownfields Assessment Coalition or the Coalition.

CITY OF TEMPE AND ARIZONA STATE UNIVERSITY FY 2020-21 TRANSIT SERVICE AGREEMENT (September 9th, 2020)

WHEREAS: ASU is authorized to enter into contracts under A.R.S. Section 15-1625. The City is authorized to enter into this contract under A.R.S Section 40-1152; and

PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS (August 24th, 2020)

This Purchase Agreement and Escrow Instructions is entered into the date last signed below by and between Tempe Towne Holding Company, LLC, an Arizona limited liability company, ("Seller") and the City of Tempe, a municipal corporation ("Buyer" or "City"):

DEVELOPMENT & DISPOSITION AGREEMENT (August 24th, 2020)

THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the City of Tempe, an Arizona municipal corporation, (“City”) and VIRTUA BROADWAY TEMPE, LLC, a Delaware limited liability company (“Developer”). Developer and City may be referred to in this Agreement collectively as the “Parties” and each, individually, as a “Party.”

LICENSE FOR SPECIAL USE OF CITY PROPERTY (August 14th, 2020)
CONTRACT FOR PROFESSIONAL SERVICES (August 14th, 2020)

This Contract is made and entered into on the 24th day of September , 2020, by and between the City of Tempe, an Arizona municipal corporation (“City”), and Dibble & Associates Consulting Engineers, Inc. an Arizona corporation (“Consultant”).

PROFESSIONAL SERVICES CONTRACT (August 10th, 2020)

THIS PROFESSIONAL SERVICES CONTRACT, made and entered into this 1st day of August, 2020 (the “Contract”), by and between the CITY OF TEMPE, ARIZONA, hereinafter referred to as the “City”, and PFM ASSET MANAGEMENT LLC, hereinafter referred to as the “Consultant”.

MEMORANDUM OF UNDERSTANDING BETWEEN (August 4th, 2020)

day of , 2020 by and between THE CITY OF TEMPE (“CITY”), acting by and through its HUMAN RESOURCES DEPARTMENT (“TEMPE HR”) and THE ARIZONA BOARD OF REGENTS (“ABOR”) on behalf of ARIZONA STATE UNIVERSITY (“ASU”).

Ancillary Provider Participation Agreement (August 1st, 2020)

This Agreement is entered into by and between UnitedHealthcare Insurance Company, contracting on behalf of itself, Arizona Physicians IPA, Inc., and the other entities that are United’s Affiliates (collectively referred to as “United”) and City of Tempe (“Facility”).

THIRD AMENDMENT TO LEASE AGREEMENT C2004-252C (July 31st, 2020)

made and entered into as of day of _, 2020 (the “Effective Date”) by and between THE CITY OF TEMPE, an Arizona municipal corporation (“City”), as Landlord, and ANGELS BASEBALL LP, a California limited partnership (the “Club”), as Tenant.

CONTRACT FOR PROFESSIONAL SERVICES (July 29th, 2020)

This Contract is made and entered into on the 24th day of September , 2020, by and between the City of Tempe, an Arizona municipal corporation (“City”), and Wilson Engineers, LLC. an Arizona limited liability company (“Consultant”).

AMENDMENT 1 (July 9th, 2020)

Amendment 1 (“Amendment”) to the Fixed Route Agreement, identified by Phoenix as Contract No. 147554 and dated April 9, 2018 (“Agreement”), is made and entered into as of this day of , 2020, by and between the City of Phoenix, an Arizona municipal corporation (“PHOENIX”), and the City of Tempe, an Arizona municipal corporation (“TEMPE”). PHOENIX and TEMPE are sometimes referred to in this Amendment collectively as the “Parties,” or individually as a “Party.”

LICENSE FOR SPECIAL USE (RIGHT OF WAY ENCROACHMENT) (June 28th, 2020)

of _2020 (the “Effective Date”), between the City of Tempe (“City” or “Licensor”), a municipal corporation, and Arizona Tile, LLC, an Arizona limited liability company, the undersigned (“Licensee”).

ARIZONA CRIMINAL JUSTICE COMMISSION TEMPE CITY SOCIAL SERVICES- CARE 7 GRANT AGREEMENT (June 24th, 2020)

This Grant Agreement is made this 1ST day of July, 2020, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called “COMMISSION” and the TEMPE CITY SOCIAL SERVICES- CARE 7, hereinafter called “GRANTEE”. The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE;

FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TEMPE (June 16th, 2020)

This First Amendment to Intergovernmental Agreement (“First Amendment”) is entered into as of July 27, 2020 by and between Maricopa County (“County”), administered by its Human Services Department, and the City of Tempe, an Arizona municipal corporation (“City”).

ARIZONA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY GROUP PURCHASE AGREEMENT Title Company Security Title Agency Date Address 4722 N. 24th Street, Suite 200 (to be completed by Title Company, if applicable) City Phoenix State AZ Zip Code 85016 Escrow ... (June 8th, 2020)

THIS PURCHASE AGREEMENT SHALL SERVE AS THE ESCROW INSTRUCTIONS The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold interests, special assessments, fines, fees or charges to be paid to the homeowners association and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms hereof. If the subject property is encumbered with Covenants, Conditions and Restrictions, the Escrow Agent shall send a Notice of Pending Sale pursuant to A.R.S. 33-1806. The Escrow Agent shall deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be res

AGREEMENT BETWEEN (June 8th, 2020)

The City Council of the CITY OF TEMPE, a municipal corporation (the “City”), has approved participation in and support of the regional economic development program of the GREATER PHOENIX ECONOMIC COUNCIL (“GPEC”), an Arizona non-profit corporation. The purpose of this agreement (“Agreement”) is to set forth the regional economic development program that GPEC agrees to undertake, the support that the City agrees to provide, the respective roles of GPEC and the City and the payments of the City to GPEC for the fiscal year July 1, 2020- June 30, 2021 (“FY2021”).

WIRED TELECOMMUNICATIONS LICENSE AND RIGHT-OF-WAY USE AGREEMENT (May 28th, 2020)

This Wired Telecommunications License (“License”) and Right-of-Way Use Agreement (“Agreement”) is effective as of this day of , by and between the City of Tempe, an Arizona municipal corporation (“City”) and Gila Local Exchange Carrier, Inc. d/b/a Alluvion Communications (“Alluvion”), an Arizona corporation.

CONTRACT FOR PROFESSIONAL SERVICES (May 19th, 2020)

This Contract is made and entered into on the 11th day of June , 2020, by and between the City of Tempe, an Arizona municipal corporation (“City”), and Logan Simpson Design, Inc., an Arizona corporation (“Consultant”).

COMMUNITY GARDENS AT ESCALANTE PARK AND CLARK PARK LEASE AGREEMENT (May 19th, 2020)

This Addendum No. 1 (“Addendum No. 1”) to the City of Tempe Community Gardens at Escalante Park and Clark Park Lease Agreement is made and entered into by and between Tempe Community Action Agency, Inc., an Arizona non-profit corporation (“TCAA” or “Lessee”) and the City of Tempe, an Arizona municipal corporation organized under the laws of the State of Arizona (“City”).

ADDENDUM NO. 6 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN (May 19th, 2020)

This Addendum No. 6 (“Addendum”) to that certain Intergovernmental Agreement made and entered into by and between Tempe Elementary School District No. 3 of Maricopa County, a duly organized school district under the laws of Arizona (“District”) and the City of Tempe, an Arizona municipal corporation (“City”), hereby amends the agreement between the parties dated on or about December 15, 2004, as amended by the first addendum dated November 19, 2014, the second addendum dated August 19, 2015, the third Addendum dated September 8, 2016, and the fifth (sic) Addendum dated September 28, 2017, (collectively the “Agreement”) for the operation of the North Tempe Multi- Generational Center.

PROGRAM GRANT AGREEMENT CFDA NUMBER: 95.001 (May 15th, 2020)

This Grant Agreement is made this 1ST day of January 2020 by and between the CITY OF TUCSON hereinafter called “CITY” and GOVERNING BODY, through Tempe Police Department hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having satisfied itself as to the qualification of GRANTEE.

FOR THE TEMPE SHARED ACTIVE TRANSPORTATION HUB DESIGN ASSISTANCE (May 14th, 2020)

This Agreement shall become effective as of the date it is duly executed by the last Party and shall continue in full force and effect until June 30, 2022, MAG and TEMPE view this Agreement as a mutually beneficial relationship.

AGREEMENT BETWEEN MARICOPA ASSOCIATION OF GOVERNMENTS (May 14th, 2020)

This Agreement shall become effective as of the date it is duly executed by the last Party and shall continue in full force and effect until June 30, 2022; MAG and TEMPE view this Agreement as a mutually beneficial relationship.

CONTRACT FOR PROFESSIONAL SERVICES (May 11th, 2020)

This Contract is made and entered into on the 11th day of June , 2020, by and between the City of Tempe, an Arizona municipal corporation (“City”), and DWL Architects + Planners, Inc., an Arizona corporation (“Consultant”).

WIRED TELECOMMUNICATIONS LICENSE AND RIGHT-OF-WAY USE AGREEMENT (May 7th, 2020)

This Wired Telecommunications License (“License”) and Right-of-Way Use Agreement (“Agreement”) is effective as of this day of , by and between the City of Tempe, an Arizona municipal corporation (“City”) and Crown Castle Fiber LLC (“Crown Castle”), a New York limited liability company.

PARKING USE LICENSE AND OPERATING AGREEMENT (May 5th, 2020)

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as: