AMENDMENT ONE GLOBAL SPORTS FACILITIES-ADOBE.PDF

Maricopa County — Formal (2023-02-08)

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Global Sports Facilities – Adobe, LLC  UMA Amendment One  
 
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AMENDMENT ONE 
TO  
USE MANAGEMENT AGREEMENT  
BETWEEN 
MARICOPA COUNTY 
AND 
GLOBAL SPORTS FACILITIES-ADOBE, LLC. 
C-30-21-012-X-01 
 
This Amendment One (“Amendment One”) to that certain Use Management Agreement 
dated September 7, 2022 (C-30-21-012-X-00) (“Agreement”) is entered into between 
Maricopa County, a political subdivision of the State of Arizona (the “County”) and Global 
Sports Facilities-Adobe, LLC, an Arizona limited liability company (“Concessionaire”).  The 
County and Concessionaire are sometimes collectively hereinafter referred to as the 
“Parties” and individually as a “Party”. 
 
RECITALS 
 
WHEREAS, the Concessionaire has informed the County that it is unable to provide proof 
of funding for the Complex within the one hundred twenty (120) day timeline in accordance 
with Section 3.A of the Agreement, due to market changes; and 
 
WHEREAS, the Parties now desire to enter into Amendment One to modify Section 3.A 
of the Agreement to extend the timeline for proof of funding to three hundred sixty-five 
(365) days with the understanding that, unless revised herein, all other provisions of the 
Agreement 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 the 
Concessionaire hereby agree as follows: 
 
I. 
INCORPORATION OF RECITALS  
 
 
The Recitals set forth above are hereby incorporated into this Amendment One. 
 
II. 
EFFECTIVE DATE 
 
This Amendment One will be effective retroactively as of January 5, 2023 (“Effective 
Date”). 
 
 
III. 
SCOPE OF THE COMPLEX 
 
Section 3.A of the Agreement shall be deleted in its entirety and replaced with the 
following: 
 
Not later than three hundred sixty-five (365) days of the date of full execution of 
this Agreement, Concessionaire shall provide County with proof from MCIDA 
indicating that the financing bonds have been approved and funds will be available 
to Concessionaire for construction of the Complex in accordance with Exhibit 2 – 
Complex Activities and Parameters, specifically Section 3.A., and Exhibit 3 –

Global Sports Facilities – Adobe, LLC  UMA Amendment One  
 
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Development of the Complex in the amount  to reasonably complete the Complex, 
which is estimated to be five hundred fifty million dollars ($550,000,000). 
 
V. 
MISCELLANEOUS 
 
A. The Agreement, as amended, is subject to the provisions of A.R.S. 38-511. 
 
B. Capitalized terms used in this Amendment One without definition shall have 
the meanings assigned to such terms in the Agreement unless the context 
expressly requires otherwise. 
 
C. This Amendment One 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. 
 
D. The foregoing paragraphs contain all the changes made by this Amendment 
One.  All other terms and conditions, other than as revised in this Amendment 
One, shall remain unchanged and in full force and effect. 
. 
 
IN WITNESS WHEREOF, the Parties have executed this Amendment One. 
 
CONCESSIONAIRE: 
 
GLOBAL SPORTS FACILITIES – ADOBE, LLC 
 
 
 
 
 
 
 
 
 
Lyndon Estill, President 
 
Date 
 
 
MARICOPA COUNTY 
 
 
 
 
 
 
 
_________________________________________ 
Clint Hickman, Chairman 
 
 
 
 
Board of Supervisors 
 
ATTEST 
 
_________________________________________ 
Clerk of the Board 
 
 
Date 
 
 
 
Approved as to Form: 
 
 
 
 
 
 
 
Deputy County Attorney  
 
Date