AMENDMENT FOUR CASEY AT THE BAT.PDF

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AMENDMENT FOUR 
TO 
USE MANAGEMENT AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
AND 
CASEY AT THE BAT, INC 
C-30-08-027-1-04 
 
RECITALS 
 
 
WHEREAS, a Use Management Agreement (C-30-08-027-1-00)  was entered into on April 
23, 2008 between Maricopa County, a political subdivision of the State of Arizona, herein after 
referred to as “County,” and Casey at the Bat, Inc, an Arizona corporation, herein after referred 
to as “Concessionaire," as amended by Amendment One (C-30-08-027-1-01) dated August 31, 
2011, Amendment Two (C-30-08-027-1-02) dated August 8, 2018 and Amendment Three (C-30-
08-027-1-03) dated January 12, 2022 (collectively, “Agreement”); and 
 
WHEREAS, the term of the Agreement currently expires on June 23, 2023; and 
 
 
WHEREAS, the County and Concessionaire desire to enter into this Amendment Four to 
the Agreement, herein after referred to as “Amendment Four”, for an extension of the term for five 
(5) years beginning June 24, 2023, through June 23, 2028, to modify fee schedule, and to provide 
additional maintenance responsibility for the Concessionaire of vacant land; and 
 
 
WHEREAS, the County and Concessionaire desire to enter into this Amendment Four 
with the understanding that all other provisions of the Agreement not amended herein shall remain 
the same and in full force and effect. 
 
 
NOW THEREFORE, in consideration of the foregoing and other good and valuable 
consideration, receipt and sufficiency of which is hereby acknowledged, County and 
Concessionaire hereby agree as follows: 
 
I. 
INCORPORATION OF RECITALS 
 
 
The Recitals set forth above are hereby incorporated into this Agreement. 
 
II. 
EFFECTIVE DATE 
 
This Amendment Four will become effective as of June 24, 2023 (“Effective Date”). 
 
III. 
TERM 
 
The Parties hereby agree to extend the term of the Agreement for five (5) years beginning 
June 24, 2023, until June 23, 2028. 
 
IV. 
ACCOUNTING AND FEES 
 
Delete Exhibit 3- Fee Payment Schedule in its entirety and replace with Exhibit 3- Fee 
Payment Schedule (Amended), attached hereto and included herein, which includes 
Contract Years sixteen (16) through twenty (20).

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V. 
MAINTENANCE RESPONSIBILITY 
 
Delete Paragraph 6. Operation, Maintenance, Improvements and Construction subsection 
6.1. Operations and Maintenance, F. (2) Facilities and Ground Maintenance in its entirety 
and replace with the following: 
 
(2) County shall be responsible for maintenance (i.e., painting, leaks, damage, vandalism, 
pump station fencing, and well head fencing) of affixed County-owned well head, well 
head enclosure area, vaults, and pump station components.   
 
The Concessionaire shall be responsible for maintenance of the Complex, including, 
but not limited to,  
(a) Providing trash receptacles, trash removal, fencing, netting, batting cage 
operation mechanisms, signs or any other ancillary facilities or amenities 
currently, or in the future, located at the Complex.   
(b) Ground maintenance of the Complex, including, but not limited to eradicating 
weeds, trimming bushes and trees (collectively, “Ground Maintenance”).   
 
Effective August 1, 2023, the Concessionaire shall be responsible for Ground 
Maintenance of the vacant land within the Complex as depicted on Exhibit 5 – 
Maintenance Responsibilities, including inside the pump station fenced area.  
Concessionaire shall repair any damage caused by Concessionaire during such 
Ground Maintenance.  
 
Exhibit 5 – Maintenance Responsibility shall be deleted in its entirety and replaced 
with Exhibit 5 – Maintenance Responsibility (Amended), attached hereto and 
incorporated herein. The Concessionaire’s responsibility for Ground Maintenance 
shall include everything within the Complex boundary as illustrated on Exhibit 5 – 
Maintenance Responsibility (Amended)  
 
VI. 
CONFLICT OF INTEREST 
 
The Parties agree that the Agreement is subject to A.R.S. § 38-511 and may be cancelled 
pursuant thereto. 
VII. 
CAPITALIZED TERMS 
Capitalized terms used in this Amendment Four without definition shall have the meanings 
assigned to such terms in the Agreement, unless the context expressly requires otherwise. 
 
VIII. 
COUNTERPARTS 
 
This Amendment Four 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 original 
signatures. 
 
IX. 
CERTIFICATION PURSUANT TO A.R.S. §35-394 
 
Concessionaire warrants and certifies that it does not currently, and agrees for the 
duration of Agreement that it will not, use: 
1. The forced labor of ethnic Uyghurs in the People's Republic of China.

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EXHIBIT 3.1 – FEE PAYMENT SCHEDULE (Amended) 
Contact 
Year 
Contract Year Dates 
Minimum 
Monthly 
Fee Due 
Date 15th 
of each 
Month  
Total 
Annual 
Minimum 
Fee 
Additional Payment 
Period 
Additional 
Payment  
Due Date 
1 
7/1/2008 - 6/30/2009 
$300.00 
$3,600.00 
7/1/2008 - 12/31/2008 
4/1/2009 
2 
7/1/2009 - 6/30/2010 
$300.00 
$3,600.00 
1/1/2009 - 12/31/2009 
4/1/2010 
3 
7/1/2010 - 6/30-2011 
$300.00 
$3,600.00 
1/1/2010 - 12/31/2010 
4/1/2011 
4 
7/1/2011 - 6/30/2012 
$300.00 
$3,600.00 
1/1/2011 - 12/31/2011 
4/1/2012 
5 
7/1/2012 - 6/30/2013 
$300.00 
$3,600.00 
1/1/2012 - 12/31/2012 
4/1/2013 
6 
7/1/2013 - 6/30/2014 
$500.00 
$6,000.00 
1/1/2013 - 12/31/2013 
4/1/2014 
7 
7/1/2014 - 6/30/2015 
$500.00 
$6,000.00 
1/1/2014 - 12/31/2014 
4/1/2015 
8 
7/1/2015 - 6/30/2016 
$500.00 
$6,000.00 
1/1/2015 - 12/31/2015 
4/1/2016 
9 
7/1/2016 - 6/30/2017 
$500.00 
$6,000.00 
1/1/2016 - 12/31/2016 
4/1/2017 
10 
7/1/2017 - 6/30/2018 
$500.00 
$6,000.00 
1/1/2017 - 12/31/2017 
4/1/2018 
11 
7/1/2018 – 6/30/2019 
$750.00 
$9,000.00 
1/1/2018 – 12/31/2018 
4/1/2019 
12 
7/1/2019 – 6/30/2020 
$750.00 
$9,000.00 
1/1/2019 – 12/31/2019 
4/1/2020 
13 
7/1/2020 – 6/30/2021 
$750.00 
$9,000.00 
1/1/2020 – 12/31/2020 
4/1/2021 
14 
7/1/2021 – 6/30/2022 
$750.00 
$9,000.00 
1/1/2021 – 12/31/2021 
4/1/2022 
15 
7/1/2022 – 6/23/2023 
$750.00 
$9,000.00 
1/1/2022 – 12/31/2022 
4/1/2023 
16 
6/24/2023 – 6/23/2024 
$750.00 
$9,000.00 
1/1/2023 – 12/31/2023 
4/1/2024 
17 
6/24/2024 – 6/23/2025 
$750.00 
$9,000.00 
1/1/2024 – 12/31/2024 
4/1/2025 
18 
6/24/2025 – 6/23/2026 
$750.00 
$9,000.00 
1/1/2025 – 12/31/2025 
4/1/2026 
19 
6/24/2026 – 6/23/2027 
$750.00 
$9,000.00 
1/1/2026 – 12/31/2026 
4/1/2027 
20 
6/24/2027 – 6/23/2028 
$750.00 
$9,000.00 
1/1/2027 – 6/23/2028 
8/1/2028 
 
Additional Fee Payment = % of Adjusted Gross Receipts (Upon Effective Date of 
Amendment Two) 
2% of Adjusted Gross Receipts between $0.00 and $150,000.00  
3% of Adjusted Gross Receipts between $150, 000.01 and $180,000.00 
4% of Adjusted Gross Receipts between $180,000.01 and $225,000.00 
5% of Adjusted Gross Receipts between $225,000.01 and over 
 
Recapitulation of Payment Schedule 
A 10% Late Fee of the amount due will be assessed for payment not received by the required 
time.   Payment of Late Fees is due not later than 20 days after date of invoice.

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EXHIBIT 5 – MAINTENANCE RESPONSIBILITY (Amended)

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EXHIBIT 5 – MAINTENANCE RESPONSIBILITY (Amended) Continued