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35. AMENDMENT TO THE USE MANAGEMENT AGREEMENT WITH HARVEST FAMILY ENTERTAINMENT – ARIZONA, LLC Approve Amendment Three to the Use Management Agreement between Maricopa County and Harvest Family Entertainment – Arizona LLC, and additional documents necessary to effectuate the assignment of the Agreement and management of the waterpark complex to CLP Phoenix AZ Waterpark LLC. CLP will enter into a Sub-Use Management Agreement with Arizona Park Holdings, LLC, for the operation of the waterpark complex. Conditions of the original Agreement, as amended, remain unchanged. Maricopa County originally entered into a Use Management Agreement with Harvest Family Entertainment – Arizona LLC (C-30-08-034-00) on June 18, 2008. Amendment One (C-30-08-034-1-01) dated June 3, 2009, executed administrative changes of the primary source of water to be used in support of recreation and irrigation. Amendment Two (C-30-08-034-1-02) dated June 23, 2010, executed administrative changes to the development, features and phasing of the aquatic and amusement park, revised the legal description and permitted the sale of alcohol to the general public. CLP will be acquiring Harvest Family’s interest in the Use Management Agreement, including park assets, and will be assigning the operation of the waterpark complex to Arizona Park Holdings, LLC. All underlying property interests will remain with Maricopa County in accordance with the Agreement. CLP Phoenix AZ Waterpark LLC requested the assignment in accordance with Section 5.6 of the Use Management Agreement. All conditions of the Agreement, to include payment schedule, remain unchanged. Documentation provided by CLP Phoenix AZ Waterpark LLC and Arizona Park Holdings, LLC indicates they have the financial assets and management and operations experience so that the aquatic and amusement park concession will continue to be a viable recreational asset open to all persons of Maricopa County. Initial term of the Agreement is from October 1, 2008, through September 30, 2033, with one (1) twenty-five (25) year renewal option remaining. There is no financial impact to the County. (C-30-08-034-1-03)

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A-2. DOCUMENTS RELATED TO THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE ADOBE DAM REGIONAL PARK AQUATIC AND AMUSEMENT PARK CONCESSION Approve Amendment Three to the Use Management Agreement between Maricopa County and Harvest Family Entertainment – Arizona LLC; the Memorandum of Use Management Agreement between Maricopa County and CLP Phoenix AZ Waterpark LLC; the Consent to Assignment of Use Management Agreement and Estoppel Certificate by Maricopa County in favor of Harvest Family Entertainment – Arizona LLC (Harvest), and CLP Phoenix AZ Waterpark LLC (CLP); and the Non-Disturbance and Attornment Agreement between Maricopa County, Maricopa County Flood Control District, CLP Phoenix AZ Water Park LLC and Arizona Park Holdings LLC., for the assignment of the Agreement and management of the waterpark complex to CLP Phoenix AZ Waterpark LLC. CLP will enter into a Sub-Use Management Agreement with Arizona Park Holdings, LLC, for the operation of the waterpark complex. Maricopa County originally entered into a Use Management Agreement with Harvest Family Entertainment – Arizona LLC (C-30-08-034-00) on June 18, 2008. Amendment One (C-30-08-034-1-01) dated June 3, 2009, executed administrative changes of the primary source of water to be used in support of recreation and irrigation. Amendment Two (C-30-08-034-1-02) dated June 23, 2010, executed administrative changes to the development, features and phasing of the aquatic and amusement park, revised the legal description and permitted the sale of alcohol to the general public. CLP will be acquiring Harvest Family’s interest in the Use Management Agreement, including park assets and a new payment schedule for years 26-50, will be assigning the operation of the waterpark complex to Arizona Park Holdings, LLC. All underlying property interests will remain with Maricopa County in accordance with the Agreement. CLP Phoenix AZ Waterpark LLC requested the assignment in accordance with Section 5.6 of the Use Management Agreement. All other conditions of the Agreement remain unchanged. Documentation provided by CLP Phoenix AZ Waterpark LLC and Arizona Park Holdings, LLC indicates they have the financial assets and management and operations experience so that the aquatic and amusement park concession will continue to be a viable recreational asset open to all persons of Maricopa County. Initial term of the Agreement is from October 1, 2008, through September 30, 2033, with one (1) twenty-five (25) year renewal option remaining. There is no financial impact to the County. (C-30-08-034-1-04)

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FA-1. NON-DISTURBANCE AND ATTORNMENT AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT AND CLP PHOENIX AZ WATERPARK LLC AND CONSENT TO ASSIGNMENT OF USE MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE BETWEEN THE FLOOD CONTROL DISTRICT AND HARVEST FAMILY ENTERPRISES Approve the Non-Disturbance and Attornment Agreement between the Flood Control District of Maricopa County, and CLP Phoenix AZ Waterpark LLC. Approve the Consent to Assignment of Use Management Agreement and Estoppel Certificate between the Flood Control District and Harvest Family Enterprises. These documents are related to approval of Amendment Three to the Use Management Agreement between Maricopa County and CLP Phoenix AZ Waterpark LLC for the operation of the waterpark complex. Maricopa County originally entered into a Use Management Agreement with Harvest Family Entertainment – Arizona LLC (C-30-08-034-00) on June 18, 2008. Amendment One (C-30-08-034-1-01) dated June 3, 2009, executed administrative changes of the primary source of water to be used in support of recreation and irrigation. Amendment Two (C-30-08-034-1-02) dated June 23, 2010, executed administrative changes to the development, features and phasing of the aquatic and amusement park, revised the legal description and permitted the sale of alcohol to the general public. CLP will be acquiring Harvest Family’s interest in the Use Management Agreement (“Agreement”), including park assets and a new payment schedule for years 26-50, and will be assigning the operation of the waterpark complex to Arizona Park Holdings, LLC. Ownership of the real property remains with the District and all underlying property interests will remain with Maricopa County in accordance with the Agreement. CLP Phoenix AZ Waterpark LLC requested the assignment in accordance with Section 5.6 of the Use Management Agreement. All other conditions of the Agreement remain unchanged. Documentation provided by CLP Phoenix AZ Waterpark LLC and Arizona Park Holdings, LLC indicates they have the financial assets and management and operations experience so that the aquatic and amusement park concession will continue to be a viable recreational asset open to all persons of Maricopa County. Initial term of the Agreement is from October 1, 2008, through September 30, 2033, with one (1) twenty-five (25) year renewal option remaining. There is no financial impact to the County. Since the property is owned by the Flood Control District of Maricopa County, the Non-Disturbance and Attornment Agreement and Approve the Consent to Assignment of Use Management Agreement and Estoppel Certificate are needed to complete the new management of the waterpark complex. Previous actions of the Flood Control District regarding this agreement include 1. (C-69-09-007-8-00 on August 20, 2008), and 2. (C-69-09-007-8-01 on September 17, 2008). This impacts Supervisorial District 3. (C-69-14-023-3-00)