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AMENDMENT ONE
TO
SHARED WELL WATER AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
ARIZONA AGRIBUSINESS AND EQUINE CENTER, INC.
C-30-14-002-M-01
A Shared Well Water Agreement (C-30-14-002-M-00), hereinafter referred to as
“Agreement,” was entered into on August 21, 2013, between Maricopa County, a political
subdivision of the State of Arizona, hereinafter referred to as “County,” and Arizona Agribusiness
and Equine Center, Inc., an Arizona non-profit corporation, hereinafter referred to as “AAEC”.
County and AAEC are collectively referred to as “Parties” or individually as a “Party.”
RECITALS
WHEREAS, the County and AAEC desire to enter into this Amendment One to the
Agreement, hereinafter referred to as “Amendment One,” in order to extend for one (1) ten (10)
year period and other administrative changes; and
WHEREAS, the County and AAEC desire to enter into this Amendment One with the
understanding that all other provisions of the Agreement are 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 Amendment One.
II.
EFFECTIVE DATE
Upon execution by the County, Amendment Two will become effective on August 21,
2023.
III.
TERM AND TERMINATION
The ten (10) year extension is hereby being exercised, and the Term of this Agreement
shall be extended for ten (10) years commencing August 21, 2023, through August 20,
2033.
This Agreement, as amended, is subject to A.R.S. Section 38-511 and may be canceled
by the County pursuant thereto without any penalty or liability to County.
Delete Section 3.5 Termination for Cause and Section 3.6 Termination by AAEC in their
entirety and replace with the following:
3.5
Termination
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Either Party may terminate this Agreement with or without cause by providing at
least thirty (30) days prior written notice to the other Party of the intent to terminate.
With respect to termination notice by AAEC the termination will not be effective
until all outstanding fees have been paid by AAEC and all requirements under this
Agreement have been completed by AAEC.
IV.
CONTACT INFORMATION
Modify Paragraph 2.3.5 contact information to:
Maricopa County Parks and Recreation
Attn: Accounts Receivable
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Modify Paragraph 2.4.3 contact information to:
Contact information:
Well Maintenance and Piping:
Paradise Valley Golf Course
Mike Miller, General Manager
Email: mmiller@scalgolf
Phone: 602.953.9420
Electrical Distribution System
Maricopa County Parks and Recreation
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: maricopacountyparks@maricopa.gov
Phone: 602-506-9511
V.
GENERAL
The proper venue for any proceeding at law or in equity or under the provisions for
arbitration shall be Maricopa County, Arizona, and County and AAEC hereby waive any
right to object to venue. This Agreement shall be construed in accordance with and be
governed by the laws of the State of Arizona.
The foregoing paragraphs contain all the changes made by this Amendment Two. All
other terms and conditions of the AGREEMENT shall remain unchanged and in full force
and effect.
.
.
IN WITNESS WHEREOF the parties have fully executed this Amendment One as of the date last
written below.